Florida

Show detailed information about district and contract

DistrictFlorida
Shared Contract District
Org Code980000
Type of DistrictElementary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2016
Expired Status
Superintendency UnionUnion 43 Clarksburg Florida Savoy
Regional HS Members
Vocational HS MembersNorthern Berkshire RVTSD
CountyBerkshire
ESE RegionBerkshires
Urban
Kind of Communitysmall rural communities
Number of Schools1
Enrollment115
Percent Low Income Students44
Grade StartPK or K
Grade End8
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AGREEMENT

Between the

FLORIDA SCHOOL COMMITTEE

and the

FLORIDA EDUCATION ASSOCIATION

SEPTEMBER 1, 2013 - AUGUST 31, 2016

FLORIDA AGREEMENT

2013-2016

AGREEMENT

AGREEMENT made as of the 31st day of August, 2013 pursuant to the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts, by and between the TOWN OF FLORIDA SCHOOL COMMITTEE (hereinafter referred to as "Committee") and the FLORIDA TEACHERS ASSOCIATION (hereinafter referred to as the "Association").

ARTICLE I - RECOGNITION

The Committee recognizes the Association for purposes of collective bargaining in accordance with the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts and other pertinent provisions of law as the exclusive representative of a unit consisting of all licensed teachers of the Florida School System.

ARTICLE II - COMMITTEE PREROGATIVES

The Association agrees that the Committee has complete authority over the policies and administration of the Town of Florida School System, which it exercises under the provisions of law. It further agrees that said Committee will continue to retain, whether exercised or not, the responsibility and prerogative to direct the operation of said school system in all aspects except same shall not be exercised in violation of any of the express terms and provisions of this agreement. The action of the Committee with respect to such retained rights, responsibilities and prerogatives shall not be subject to any grievance or arbitration provision hereinafter set forth.

ARTICLE III - ALTERATION OR AMENDMENT OF AGREEMENT

A.  The parties acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the undertakings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Therefore, the Committee and the Association, for the life of this agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this agreement, or with respect to any subject or matter not referred to specifically or not covered in this agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated and signed this agreement

B.  No agreement, alteration, understanding, variation, waiver, or modification of any of the terms, conditions, undertakings, or covenants contained herein shall be binding upon the parties hereto unless agreement is made and executed in writing between the parties hereto.

C.  The waiver of any breach or condition of this agreement by either of the parties hereto shall not constitute a precedent in the future enforcement of the terms of this agreement.

D.  If either of the parties hereto shall during the life of this agreement desire to make any proposal with respect to the modification or alteration of this agreement or with respect to any matter not expressly covered by this agreement, the said party may submit such proposal, in writing, to the other party and request a meeting. Within ten days of the submission of such proposal, the recipient thereof shall acknowledge the receipt thereof and indicate whether or not it wishes to discuss the same. The submission of such proposal and any subsequent discussion thereof shall not be construed by either of the parties hereto as an agreement by the other that said proposal comes within the purview of this agreement.

ARTICLE IV - SALARIES

A. Any person hired as a teacher during the term of this Agreement shall be paid in accordance with the Salary Schedule contained in Appendix A and in accordance with sections which follow:

B.

1.   Credits are included in the salary schedule. No payment will be made for courses until a teacher qualifies for column movement. All courses taken for column movement must be approved in advance by the Superintendent of Schools and must be in the teacher's area of instruction or lead to an advanced degree.

Payment for column movement will take place commencing on the first day of the new school year immediately following attainment of the necessary credits. Whenever possible, teachers should inform the Superintendent prior to the budget process of plans to complete requirements for column movement.

The Committee agrees to reimburse teachers who take graduate courses at the rate of $100.00 per credit. Teachers must submit the request for reimbursement in writing, with documentation that a grade of B or better was earned in that course. There is a nine hundred dollar ($900.00) limit on reimbursements in a given year. Teachers may request an exception, and apply to the Superintendent and the School Committee for reimbursement for additional courses.

It is agreed that the B+39 column of the Bachelor Salary Scale has been eliminated.

It is agreed that a Masters+45/CAGS column will be added to the salary schedule.

2.    Employees hired to teach for 50% FTE or more will be credited with one full year of seniority in the school district. Employees hired for less than 50% FTE will be credited with their actual FTE time for seniority purposes.

C.  In the event that a teacher is hired to teach less than the normal school day, such teacher shall be paid a prorated amount commensurate with the actual hours worked.

D.  A teacher's daily salary rate shall be determined by dividing the teacher's annual salary by 180 days.

E.   Any teacher hired who begins her/his teaching duties after the designated first day of the school year will receive all such benefits stated in the contract prorated proportionately based on a full school year of 180 days.

F.    Teachers shall be paid in installments with the first installment paid in September. Teachers will have the option of summer lump-sum payment or 26 paychecks throughout the summer months.

G.   Mileage will be reimbursed at the state rate agreed upon by NBSU school committee for all union employees for travel by Florida teachers out of the NBSU to conferences and workshops for professional development.

H.   Longevity payments will be made according to the following table for fiscal years 2013-2016:

After 15 years of service:    $ 1,000.00

 After 20 years of service:    $1,300.00

After 25 years of service:    $1,600.00

ARTICLE V - GRIEVANCE PROCEDURE

A.  A "grievance" is a dispute concerning the interpretation or application of this agreement or any amendment or supplement thereto.

B.  All time limits herein shall consist of calendar days exclusive of legal holidays, Saturdays and Sundays. The time limits indicated hereunder shall be considered maximum unless extended by mutual agreement in writing. Grievances submitted after the close of the school year in June and prior to the opening of school in September shall be processed as speedily as is practicable.

C.  Level One. A teacher with a grievance (hereinafter grievant) shall present it to the grievant's principal either directly or through the Association within thirty (30) calendar days from the date when the grievant became aware, or should have become aware, of the occurrence of the grievance. In the event that the teacher is not directly responsible to an individual principal, then the grievant shall present it to the grievant's immediate supervisor. The principal or the grievant's immediate supervisor will respond in writing within 10 days of grievance presentation.

Level Two. If the grievance is not resolved to the satisfaction of the grievant within six days after the response in writing at Level One, the grievant either directly or through the Association may present the grievance in writing to the Superintendent. The Superintendent will schedule a meeting to hear the grievance and discuss possible resolution. This meeting will take place within six days of receipt of written grievance. The Superintendent will respond in writing within 10 days of grievance presentation.

Level Three. If the grievance is not resolved to the satisfaction of the grievant within six days after the response in writing at Level Two, the grievant either directly or through the Association may present the grievance in writing to the Committee. The Committee will schedule a meeting to hear the grievance and discuss possible resolution. This meeting will take place within twenty days of receipt of written grievance. The Committee will respond in writing within 10 days of the grievance presentation.

Level Four. If the grievance is not resolved to the satisfaction of the grievant within 30 days after the response in writing at Level Three and if the Association indicates in writing addressed to the Committee that the grievance is, in the considered opinion of the Association, meritorious and that it involves in the opinion of the Association the interpretation or application of this agreement, the grievant may submit the grievance in writing to arbitration as hereinafter provided (said opinion shall be attached to the submission to arbitration).

D. A teacher may present a grievance to the Committee and have such grievance heard without intervention by the exclusive representative of the employee organization representing said teacher, provided that the exclusive representative is afforded the opportunity to be present at such conferences and that any adjustment made shall not be inconsistent with the terms of this agreement.

E. The following general provision shall pertain to arbitration:

1. Within ten days after written notice has been given to the Committee that a grievance is to be submitted in accordance with the provision hereinafter set forth, the Association may submit the grievance to arbitration with the American Arbitration Association in accordance with the applicable rules of the American Arbitration Association or, if the Association and Committee agree, the Division of Labor Relations, Arbitration Services.

2.  The grievant shall have the right to use in the arbitration proceedings any representative or representatives of his or her own choosing.

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

4.  The Committee and the administration will cooperate with the Association in the investigation of any grievance by making available to the Association all recorded information in the possession of the Committee which is within the public domain, to the extent so requested by the Association.

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

6.  All decisions rendered at Levels One, Two and Three of the Grievance Procedure shall be in writing, setting forth the decision and the reasons therefore and will be transmitted promptly to the grievant and the Association.

7.  The arbitrator will confer with the representatives of the Committee and the Association and shall hold hearings and issue his decision as soon as possible. The arbitrator's decision will be in writing and will set forth his findings of fact, reasoning, and conclusions on issues submitted. The decision of the arbitrator, other than the arbitrability of the issues involved, shall be final and binding upon the parties except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement, or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives of the Committee as set forth in this agreement or other pertinent provisions of law.

8.  The submission of any grievance to arbitration by a teacher shall constitute a waiver of any right or rights the said teacher may have with respect to the matter submitted to said arbitration under other provisions of law. The teacher shall be precluded from pursuing any other remedy.

9.  No reprisals shall be taken by the Committee or the school administration against any teacher participating in the presentation of a grievance in accordance with the provisions of this agreement because of such participation.

10.  If a grievance affects a group or class of teachers and does not come within the purview of paragraph 8 of this article, the Association as well as the teacher may submit such a grievance in writing to the Superintendent of Schools, whereupon such grievance shall be further processed at Level three.

11.  The President of the Association or his designee shall have the right to participate in the investigation and processing of a grievance. If it is necessary that such investigation or processing occur during a regular work day of the said President or his designee, he shall be released from his regular duties for such purpose without loss of pay or other benefits.

12.  It is recognized that members of the Association may have to testify in order to properly process a grievance under Level Four and so any member other than the grievance shall be excused from his or her regular duties without loss of pay or other benefits for purposes of so testifying.

ARTICLE VI-RIGHTS AND RESPONSIBILITIES

A.  The Association and each teacher recognize the authority and responsibility of the Administration to reprimand and discipline a teacher for Just cause. No teacher will for disciplinary reasons be reduced in rank or compensation or deprived of any professional advantage without just cause. If a teacher is to be reprimanded or disciplined by a member of the administration above the level of principal, the teacher shall have the right to have a member of the Association present. Any reprimand by any member of the administration shall be made in private. The presence or absence of just cause shall be subject to grievance and arbitration as provided in Article V unless the teacher proceeds to challenge the reprimand or discipline in a proceeding provided by statue, in which event the teacher shall not use grievance or arbitration provided for in this agreement.

B.  The contract of a teacher serving without professional teacher status shall be renewed annually during the first three years of continuous employment by in the District, unless the teacher has been notified in writing prior to June 15 in one school year that the contract will not be renewed for the following year.

C.  The non-renewal of a teacher serving without professional teacher status is not to be considered as either discipline or reprimand.

ARTICLE VII - TEACHING HOURS AND TEACHING LOAD

A. The teachers will begin the regular school year one day before the students for staff meetings and other meeting needs. The regular workday of classroom teachers will begin at 8:15 a.m. and end at 3:15 p.m. or as soon as the last bus leaves the school grounds. Faculty meetings will be held up to two times per month. It should be understood that there are normal commitments associated with teaching that will lengthen the normal workday and teachers are expected to remain in order to fulfill those commitments and obligations when given 48 hours notice. The starting and dismissal times may be modified from time to time however, no such adjustment shall extend the regular day as described above.

B. Teachers may be required to perform during the "workday" in addition to their teaching duties other activities deemed by the Principal and/or Superintendent to be reasonably necessary for the proper functioning of the school system, including, but not limited to lunch room duty.

C.  Each teacher shall have a 30-minute duty-free lunch period per day.

D.  Teachers will be notified of grade teaching assignments as soon as practical and under normal circumstances not later than June 1, provided that in the event of a change in circumstances or conditions during the summer months, such assignment may be changed as required to meet the situation and in the best interests of the pupils. Those teachers affected will be notified of the change by August 1, or sooner, whenever possible.

E.  A teacher who desires a change in grade and/or subject assignment shall file a written request to the Principal no later than March 1 for the next school year. Such a request shall include the grade and/or subject to which the teacher desires to be assigned, as well as the reason for the request. All such requests must be renewed annually.

The following principles shall be applied to the re-assignment or transfer of a teacher:

1.  A volunteer shall be given preference to the extent compatible with individual qualifications, instructional requirements, staff availability, length of service, and other factors (including but not limited to the recommendation of the principal) affecting the best interests of the Florida Public Schools and the pupils.

2.  When a transfer or re-assignment is necessary, a teacher's area of competence, certification, major and/or minor field of study, quality of teaching performance, and length of service in the Florida Public Schools will be considered, together with instructional requirements and other factors affecting the best interest of the school system and the pupils in determining which teachers are to be transferred or re-assigned.

3. It is recognized that the final decision of whether a transfer will be made must rest with the Principal and Superintendent of Schools.

F. The Committee recognizes the educational benefits of maintaining appropriate class sizes in order to maximize a positive student teacher ratio. Every effort will be made to maintain favorable work loads for all teachers and provide some form of assistance when numbers depart from what might be considered normal.

Faculty will receive between one and four hours of prep time per week. When a scheduled specialist is absent a paraprofessional within the building will cover for the specialist in the case that a reasonable substitute cannot be scheduled whenever possible.

G. Due to the addition of the mandatory full professional day, which extends our calendar to 182 days, the teachers will receive an additional personal day for the 2010-2011 school year and any additional school years that this additional day is require during this contractual period. This will mean that teachers will have four (4) personal days for the 2010-2011 contract and any other school year that this mandatory professional day is required.

ARTICLE VIII -FLORIDA EVALUATION PROCESS AND PROCEDURES

(to be reviewed annually

                                                  _____________________________________

(Initials of SC and FEA Rep)

 Table of Contents for Article VIII

(1)  Purpose of Educator Evaluation

(2) Definitions

(3) Evidence Used in Evaluation

(4) Rubric

(5) Evaluation Cycle: Training

(6) Evaluation Cycle: Annual Orientation

(7) Evaluation Cycle: Self-Assessment

(8) Evaluation Cycle: Goal Setting and Educator Plan Development

(9)   Evaluation Cycle : Observation of Practice and Examination of Artifacts — Educators without PTS

(10) Evaluation Cycle: Observation of Practice and Examination of Artifacts — Educators with PTS

(11)Observations

(12)Evaluation Cycle: Formative Assessment

(13)Evaluation Cycle : Formative Evaluation for Two-Year Self-Directed Plans Only

(14)Evaluation Cycle: Summative Evaluation

(15)Educator Plans : General

(16)Educator Plans: Developing Educator Plan

(17)Educator Plans: Self-Directed Growth Plan

(18)Educator Plans: Directed Growth Plan

(19)Educator Plans: Improvement Plan

(20)Timelines

(21)Career Advancement

(22)Rating Impact on Student Learning Growth

(23)Using Student feedback in Educator Evaluation

(24)Using Staff feedback in Educator Evaluation

(25)Transition from Existing Evaluation System

(26)             General Provisions

1)            Purpose of Educator Evaluation

A)      This contract language is locally negotiated and based on M.G.L., c.71, § 38; M.G.L. C.150E; the Educator Evaluation regulations, 603 CMR 35.00 et seq.; and the Model System for Educator Evaluation developed and which may be updated from time to time by the Department of Elementary and Secondary Education. See 603 CMR 35.02 (definition of model system). In the event of a conflict between this collective bargaining agreement and the governing laws and regulations, the laws and regulations will prevail.

B)      The regulatory purposes of evaluation are:

i)        To promote student learning, growth, and achievement by providing Educators with feedback for improvement, enhanced opportunities for professional growth, and clear structures for accountability, 603 CMR 35.01 (2)(a);

ii)       To provide a record of facts and assessments for personnel decisions, 35.01 (2)(b);

 iii)            To ensure that every school committee has a system to enhance the professionalism and accountability of teachers and administrators that will enable them to assist all students to perform at high levels, 35.01(3); and

iv)      To assure effective teaching and administrative leadership, 35.01(3).

2)                       Definitions (* indicates definition is generally based on 603 CMR 35.02)

A)       *Artifacts of Professional Practice: Products of an Educator's work and student work samples that demonstrate the Educator's knowledge and skills with respect to specific performance standards.

B)        Caseload Educator: Educators who teach or counsel individual or small groups of students through consultation with the regular classroom teacher, for example, school nurses, guidance counselors, speech and language pathologists, and some reading specialists and special education teachers.

C)        Classroom teacher: Educators who teach preK-12 whole classes, and teachers of special subjects as such as art, music, library, and physical education. May also include special education teachers and reading specialists who teach whole classes.

D)       Categories of Evidence: Multiple measures of student learning, growth, and achievement, judgments based on observations and artifacts of professional practice, including unannounced observations of practice of any duration; and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03).

E)        *District-determined Measures: Measures of student learning, growth and achievement related to the Massachusetts Curriculum Frameworks, Massachusetts Vocational Technical Education Frameworks, or other relevant frameworks, that are comparable across grade or subject level district-wide. These measures may include, but shall not be limited to: portfolios approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects.

F)       *Educator(s): Inclusive term that applies to all classroom teachers and caseload educators, unless otherwise noted.

G)                                *Educator Plan: The growth or improvement actions identified as part of each Educator's evaluation. The type of plan is determined by the Educator's career stage, overall performance rating, and the rating of impact on student learning, growth and achievement. There shall be four types of Educator Plans:

i)        Developing Educator Plan shall mean a plan developed by the Educator and  the Evaluator for one school year or less for an Educator without Professional Teacher Status (PTS); or, at the discretion of an Evaluator, for an Educator with PTS in a new assignment.

ii)      Self-Directed Growth Plan shall mean a plan developed by the Educator for one or two school years for Educators with PTS who are rated proficient or exemplary.

iii)      Directed Growth Plan shall mean a plan developed by the Educator and the Evaluator of one school year or less for Educators with PTS who are rated needs improvement.

iv)      Improvement Plan shall mean a plan developed by the Evaluator of at least 30 calendar days and no more than one school year for Educators with PTS who are rated unsatisfactory with goals specific to improving the Educator's unsatisfactory performance. In those cases where an Educator is rated unsatisfactory near the close of a school year, the plan may include activities during the summer preceding the next school year.

H)                              *ESE: The Massachusetts Department of Elementary and Secondary Education.

I)                                  *Evaluation: The ongoing process of defining goals and identifying, gathering, and using information as part of a process to improve professional performance (the "formative evaluation" and "formative assessment") and to assess total job effectiveness and make personnel decisions (the "summative evaluation").

J)                                 *Evaluator: Any person designated by a superintendent who has primary or supervisory responsibility for observation and evaluation. The superintendent is responsible for ensuring that all Evaluators have training in the principles of supervision and evaluation. Each Educator will have one primary Evaluator at any one time responsible for determining performance ratings.

i)                               Primary Evaluator shall be the person who determines the Educator's performance ratings and evaluation.

ii)       Supervising Evaluator shall be the person responsible for developing the Educator Plan, supervising the Educator's progress through formative assessments, evaluating the Educator's progress toward attaining the Educator Plan goals, and making recommendations about the evaluation ratings to the primary Evaluator at the end of the Educator Plan. The Supervising Evaluator may be the primary Evaluator or his/her designee.

iii)    Teaching Staff Assigned to More Than One Building: Each Educator who is assigned to more than one building will be evaluated by the appropriate administrator where the individual is assigned most of the time. The principal of each building in which the Educator serves must review and sign the evaluation, and may add written comments. In cases where there is no predominate assignment, the superintendent will determine who the primary evaluator will be.

iv)    Notification: The Educator shall be notified in writing of his/her primary Evaluator and supervising Evaluator, if any, at the outset of each new evaluation cycle. The Evaluator(s) may be changed upon notification in writing to the Educator.

K)      Evaluation Cycle: A five-component process that all Educators follow consisting of 1) Self-Assessment; 2) Goal-setting and Educator Plan development; 3) Implementation of the Plan; 4) Formative Assessment/Evaluation; and 5) Summative Evaluation.

L)      *Experienced Educator: An educator with Professional Teacher Status (PTS). M )    *Family: Includes students' parents, legal guardians, foster parents, or primary caregivers.

N)      *Formative Assessment: The process used to assess progress towards attaining goals set forth in Educator plans, performance on standards, or both. This process may take place at any time(s) during the cycle of evaluation, but typically takes place at mid-cycle.

O)                                   *Formative Evaluation: An evaluation conducted at the end of Year 1 for an Educator on a 2-year Self-Directed Growth plan which is used to arrive at a rating on progress towards attaining the goals set forth in the Educator Plan, performance on Standards and Indicators of Effective Teaching Practice, or both.

P)      *Goal: A specific, actionable, and measurable area of improvement as set forth in an Educator's plan. A goal may pertain to any or all of the following: Educator practice in relation to Performance Standards, Educator practice in relation to indicators, or specified improvement in student learning, growth and achievement. Goals may be developed by individual Educators, by the Evaluator, or by teams, departments, or groups of Educators who have the same role.

Q)     *Measurable: That which can be classified or estimated in relation to a scale, rubric, or standards.

R)      Multiple Measures of Student Learning: Measures must include a combination of classroom, school and district assessments, student growth percentiles on state assessments, if state assessments are available, and student MEPA gain scores. This definition may be revised as required by regulations or agreement of the parties upon issuance of ESE guidance expected by July 2012.

S)        *Observation: A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of any duration by the Evaluator and may include examination of artifacts of practice including student work. An observation may occur in person or through video. Video observations will be done openly and with knowledge of the Educator. The parties agree to bargain the protocols of video observations should either party wish to adopt such practice. Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator. Normal supervisory responsibilities of department, building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator. Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are not observations as defined in this Article.

T)        Parties: The parties to this agreement are the local school committee and the employee organization that represents the Educators covered by this agreement for purposes of collective bargaining ("Employee Organization/Association").

U)        *Performance Rating: Describes the Educator's performance on each performance standard and overall. There shall be four performance ratings:

Exemplary: the Educator's performance consistently and significantly exceeds the requirements of a standard or overall. The rating of exemplary on a standard indicates that practice significantly exceeds proficient and could serve as a model of practice on that standard district-wide.

Proficient: the Educator's performance fully and consistently meets the requirements of a standard or overall. Proficient practice is understood to be fully satisfactory.

Needs Improvement: the Educator's performance on a standard or overall is below the requirements of a standard or overall, but is not considered to be unsatisfactory at this time. Improvement is necessary and expected.

Unsatisfactory: the Educator's performance on a standard or overall has not significantly improved following a rating of needs improvement, or the Educator's performance is consistently below the requirements of a standard or overall and is considered inadequate, or both.

V)        *Performance Standards: Locally developed standards and indicators pursuant to M.G.L c. 71, § 38 and consistent with, and supplemental to 603 CMR 35.00. The parties may agree to limit standards and indicators to those set forth in 603 CMR 35.03.

W)       *Professional Teacher Status: PTS is the status granted to an Educator pursuant to M.G.L. c. 71, §41

X)        Rating of Educator Impact on Student Learning: A rating of high, moderate or low based on trends and patterns on state assessments and district-determined measures. The parties will negotiate the process for using state and district-determined measures to arrive at an Educator's rating of impact on student learning, growth and achievement, using guidance and model contract language from ESE, expected by July 2012.

Y)           Rating of Overall Educator Performance: The Educator's overall performance rating is based on the Evaluator's professional judgment and examination of evidence of the Educator's performance against the four Performance Standards and the Educator's attainment of goals set forth in the Educator Plan, as follows:

i)        Standard 1: Curriculum, Planning and Assessment

ii)      Standard 2: Teaching All Students

iii)     Standard 3: Family and Community Engagement

iv)     Standard 4: Professional Culture

v)      Attainment of Professional Practice Goal(s)

vi)     Attainment of Student Learning Goal(s)

Z)                  *Rubric: A scoring tool that describes characteristics of practice or artifacts at different levels of performance. The rubrics for Standards and Indicators of Effective Teaching Practice are used to rate Educators on Performance Standards, these rubrics consists of:

i)        Standards: Describes broad categories of professional practice, including those required in 603 CMR 35.03

ii)       Indicators: Describes aspects of each standard, including those required in 603 CMR 35.03

iii)      Elements: Defines the individual components under each indicator

iv)      Descriptors: Describes practice at four levels of performance for each element

AA)                           *Summative Evaluation: An evaluation used to arrive at a rating on each standard, an overall rating, and as a basis to make personnel decisions. The summative evaluation includes the Evaluator's judgments of the Educator's performance against Performance Standards and the Educator's attainment of goals set forth in the Educator's Plan.

BB)                            *Superintendent: The person employed by the school committee pursuant to M.G.L c. 71 §59 and §59A. The superintendent is responsible for the implementation of 603 CMR 35.00.

CC)                              *Teacher: An Educator employed in a position requiring a certificate or license as described in 603 CMR 7.04(3)(a, b, and d) and in the area of vocational education as provided in 603 CMR 4.00. Teachers may include, for example, classroom teachers, librarians, guidance counselors, or school nurses.

DD)                           *Trends in student learning: At least two years of data from the district-determined measures and state assessments used in determining the Educator's rating on impact on student learning as high, moderate or low.

3)                  Evidence Used In Evaluation

The following categories of evidence shall be used in evaluating each Educator:

A)                                            Multiple measures of student learning, growth, and achievement, which shall include:

i)        Measures of student progress on classroom assessments that are aligned with the Massachusetts Curriculum Frameworks or other relevant frameworks and are comparable within grades or subjects in a school;

ii)       At least two district-determined measures of student learning related to the Massachusetts Curriculum Frameworks or the Massachusetts Vocational Technical Education Frameworks or other relevant frameworks that are comparable across grades and/or subjects district-wide. These measures may include: portfolios, approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects. One such measure shall be the MCAS Student Growth Percentile (SGP) or Massachusetts English Proficiency Assessment gain scores, if applicable, in which case at least two years of data is required.

iii)      Measures of student progress and/or achievement toward student learning goals set between the Educator and Evaluator for the school year or some other period of time established in the Educator Plan.

For Educators whose primary role is not as a classroom teacher, the appropriate measures of the Educator's contribution to student learning, growth, and achievement set by the district. The measures set by the district should be based on the Educator's role and responsibility.

B)                                Judgments based on observations and artifacts of practice including:

i)          Unannounced observations of practice of any duration.

ii)        Announced observation(s) for non-PTS Educators in their first year of practice in a school, Educators on Improvement Plans, and as determined by the Evaluator.

iii)       Examination of Educator work products.

iv)       Examination of student work samples.

C)      Evidence relevant to one or more Performance Standards, including but not limited to: Evidence compiled and presented by the Educator, including :

Evidence of fulfillment of professional responsibilities and growth such as self-assessments, peer collaboration, professional development linked to goals in the Educator plans, contributions to the school community and professional culture;

Evidence of active outreach to and engagement with families;

 Evidence of progress towards professional practice goal(s);

Evidence of progress toward student learning outcomes goal(s).

I                   Student and Staff Feedback—see # 23-24, below; and

Any other relevant evidence from any source that the Evaluator shares with the Educator. Other relevant evidence could include information provided by other administrators such as the superintendent.

4)       Rubric

The rubrics are a scoring tool used for the Educator's self-assessment, the formative assessment, the formative evaluation and the summative evaluation. The districts may use either the rubrics provided by ESE or comparably rigorous and comprehensive rubrics developed or adopted by the district and reviewed by ESE.

5)       Evaluation Cycle: Training

A)        Prior to the implementation of the new evaluation process contained in this article, districts shall arrange training for all Educators, principals, and other evaluators that outlines the components of the new evaluation process and provides an explanation of the evaluation cycle. The district through the superintendent shall determine the type and quality of training based on guidance provided by ESE.

B)        By November 1st of the first year of this agreement, all Educators shall complete a professional learning activity about self-assessment and goal-setting satisfactory to the superintendent or principal. Any Educator hired after the November 1st date, and who has not previously completed such an activity, shall complete such a professional learning activity about self-assessment and goal-setting within three months of the date of hire. The district through the superintendent shall determine the type and quality of the learning activity based on guidance provided by ESE.

6)              Evaluation Cycle: Annual Orientation

A)                                         At the start of each school year, the superintendent, principal or designee shall conduct a meeting for Educators and Evaluators focused substantially on educator evaluation. The superintendent, principal or designee shall:

i)        Provide an overview of the evaluation process, including goal setting and the educator plans.

ii)       Provide all Educators with directions for obtaining a copy of the forms used by the district. These may be electronically provided.

iii)      The faculty meeting may be digitally recorded to facilitate orientation of Educators hired after the beginning of the school year.

7)           Evaluation Cycle: Self-Assessment

A)              Completing the Self-Assessment

i)    The evaluation cycle begins with the Educator completing and submitting to the Primary or Supervising Evaluator a self-assessment by October 1st or within four weeks of the start of their employment at the school.

ii)       The self-assessment includes:

(a)      An analysis of evidence of student learning, growth and achievement for students under the Educator's responsibility.

(b)      An assessment of practice against each of the four Performance Standards of effective practice using the district's rubric.

(c)      Proposed goals to pursue:

(1st)                           At least one goal directly related to improving the Educator's own professional practice.

(2nd) At least one goal directed related to improving student learning.

B)                         Proposing the goals

i)        Educators must consider goals for grade-level, subject-area, department teams, or other groups of Educators who share responsibility for student learning and results, except as provided in (ii) below. Educators may meet with teams to consider establishing team goals. Evaluators may participate in such meetings.

ii)       For Educators in their first year of practice, the Evaluator or his/her designee will meet with each Educator by October 1st (or within four weeks of the Educator's first day of employment if the Educator begins employment after September 15th) to assist the Educator in completing the self-assessment and drafting the professional practice and student learning goals which must include induction and mentoring activities.

iii)      Unless the Evaluator indicates that an Educator in his/her second or third years of practice should continue to address induction and mentoring goals pursuant to 603 CMR 7.12, the Educator may address shared grade level or subject area team goals.

iv)      For Educators with PTS and ratings of proficient or exemplary, the goals may be team goals. In addition, these Educators may include individual professional practice goals that address enhancing skills that enable the Educator to share proficient practices with colleagues or develop leadership skills.

v)       For Educators with PTS and ratings of needs improvement or unsatisfactory, the professional practice goal(s) must address specific standards and indicators identified for improvement. In addition, the goals may address shared grade level or subject area team goals.

8)                        Evaluation Cycle: Goal Setting and Development of the Educator Plan

A)                                            Every Educator has an Educator Plan that includes, but is not limited to, one goal related to the improvement of practice; one goal for the improvement of student learning. The Plan also outlines actions the Educator must take to attain the goals established in the Plan and benchmarks to assess progress. Goals may be developed by individual Educators, by the Evaluator, or by teams, departments, or groups of Educators who have the similar roles and/or responsibilities. See Sections 15-19 for more on Educator Plans.

B)                                           To determine the goals to be included in the Educator Plan, the Evaluator reviews the goals the Educator has proposed in the Self-Assessment, using evidence of Educator performance and impact on student learning, growth and achievement based on the Educator's self-assessment and other sources that Evaluator shares with the Educator. The process for determining the Educator's impact on student learning, growth and achievement will be determined after ESE issues guidance on this matter. See #22, below.

C)                               Educator Plan Development Meetings shall be conducted as follows:

i)          Educators in the same school may meet with the Evaluator in teams and/or individually at the end of the previous evaluation cycle or by October 15th of the next academic year to develop their Educator Plan. Educators shall not be expected to meet during the summer hiatus.

ii)        For those Educators new to the school, the meeting with the Evaluator to establish the Educator Plan must occur by October 15th or within six weeks of the start of their assignment in that school

iii)        The Evaluator shall meet individually with Educators with PTS and ratings of needs improvement or unsatisfactory to develop professional practice goal(s) that must address specific standards and indicators identified for improvement. In addition, the goals may address shared grade level or subject matter goals.

D)                                The Evaluator completes the Educator Plan by November 1st. The Educator shall sign the Educator Plan within 5 school days of its receipt and may include a written response. The Educator's signature indicates that the Educator received the plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents. The Evaluator retains final authority over the content of the Educator's Plan.

9)              Evaluation Cycle: Observation of Practice and Examination of Artifacts — Educators without PTS

A)                                  In the first year of practice or first year assigned to a school:

i)      The Educator shall have at least one announced observation during the school year using the protocol described in section 11 B, below.

ii)      The Educator shall have at least four unannounced observations during the school year.

B)       In their second and third years of practice or second and third years as a non-PTS Educator in the school:

         The Educator shall have at least three unannounced observations during the school year.

10)           Evaluation Cycle: Observation of Practice and Examination of Artifacts — Educators with PTS

A)        The Educator whose overall rating is proficient or exemplary must have at least one unannounced observation during the evaluation cycle.

B)        The Educator whose overall rating is needs improvement must be observed according to the Directed Growth Plan during the period of Plan which must include at least two unannounced observations.

C)        The Educator whose overall rating is unsatisfactory must be observed according to the Improvement Plan which must include both unannounced and announced observation. The number and frequency of the observations shall be determined by the Evaluator, but in no case, for improvement plans of one year, shall there be fewer than one announced and four unannounced observations. For Improvement Plans of six months or fewer, there must be no fewer than one announced and two unannounced observations.

11)        Observations

The Evaluator's first observation of the Educator should take place by November 15. Observations required by the Educator Plan should be completed by May 15th. The Evaluator may conduct additional observations after this date.

The Evaluator is not required nor expected to review all the indicators in a rubric during an observation.

A)                               Unannounced Observations

i)        Unannounced observations may be in the form of partial or full-period classroom visitations, Instructional Rounds, Walkthroughs, Learning Walks, or any other means deemed useful by the Evaluator, principal, superintendent or other administrator.

ii)       The Educator will be provided with at least brief written feedback from the Evaluator within 3-5 school days of the observation. The written feedback shall be delivered to the Educator in person, by email, placed in the Educator's mailbox or mailed to the Educator's home.

iii)      Any observation or series of observations resulting in one or more standards judged to be unsatisfactory or needs improvement for the first time must be followed by at least one observation of at least 30 minutes in duration within 30 school days.

B)                          Announced Observations

i)                                              All non-PTS Educators in their first year in the school, PTS Educators on Improvement Plans and other educators at the discretion of the evaluator shall have at least one Announced Observation.

(a)      The Evaluator shall select the date and time of the lesson or activity to be observed and discuss with the Educator any specific goal(s) for the observation.

(b)      Within 5 school days of the scheduled observation, upon request of either the Evaluator or Educator, the Evaluator and Educator shall meet for a pre-observation conference. In lieu of a meeting, the Educator may inform the Evaluator in writing of the nature of the lesson, the student population served, and any other information that will assist the Evaluator to assess performance

(1st)            The Educator shall provide the Evaluator a draft of the lesson, student conference, IEP plan or activity. If the actual plan is different, the Educator will provide the Evaluator with a copy prior to the observation.

(2nd)          The Educator will be notified as soon as possible if the Evaluator will not be able to attend the scheduled observation. The observation will be rescheduled with the Educator as soon as reasonably practical.

(c)      Within 5 school days of the observation, the Evaluator and Educator shall meet for a post-observation conference. This timeframe may be extended due to unavailability on the part of either the Evaluator or the Educator, but shall be rescheduled within 24 hours if possible.

(d)      The Evaluator shall provide the Educator with written feedback within 5 school days of the post-observation conference. For any standard where the Educator's practice was found to be unsatisfactory or needs improvement, the feedback must:

(1st)              Describe the basis for the Evaluator's judgment.

(2nd)            Describe actions the Educator should take to improve his/her    performance.

(3rd)              Identify support and/or resources the Educator may use in his/her improvement.

(4th)              State that the Educator is responsible for addressing the need for improvement.

12)       Evaluation Cycle: Formative Assessment

A)        A specific purpose for evaluation is to promote student learning, growth and achievement by providing Educators with feedback for improvement. Evaluators are expected to make frequent unannounced visits to classrooms. Evaluators are expected to give targeted constructive feedback to Educators based on their observations of practice, examination of artifacts, and analysis of multiple measures of student learning, growth and achievement in relation to the Standards and Indicators of Effective Teaching Practice.

B)         Formative Assessment may be ongoing throughout the evaluation cycle but typically takes places mid-cycle when a Formative Assessment report is completed. For an Educator on a two-year Self-Directed Growth Plan, the mid-cycle Formative Assessment report is replaced by the Formative Evaluation report at the end of year one. See section 13, below.

C)        The Formative Assessment report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on Performance Standards and overall, or both

D)        No less than two weeks before the due date for the Formative Assessment report, which due date shall be established by the Evaluator with written notice to the Educator, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may provide to the evaluator additional evidence of the educator's performances against the four Performance Standards.

E)         Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Assessment Report.

F)        The Evaluator shall complete the Formative Assessment report and provide a copy to the Educator. All Formative Assessment reports must be signed by the Evaluator and delivered face-to-face, by email or to the Educator's school mailbox or home.

G)       The Educator may reply in writing to the Formative Assessment report within 5 school days of receiving the report.

H) The Educator shall sign the Formative Assessment report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Assessment report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

I)       As a result of the Formative Assessment Report, the Evaluator may change the activities in the Educator Plan.

J)        If the rating in the Formative Assessment report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.

13)    Evaluation Cycle: Formative Evaluation for Two Year Self-Directed Plans Only

A)       Educators on two year Self-Directed Growth Educator Plans receive a Formative Evaluation report near the end of the first year of the two year cycle. The Educator's performance rating for that year shall be assumed to be the same as the previous summative rating unless evidence demonstrates a significant change in performance in which case the rating on the performance standards may change, and the Evaluator may place the Educator on a different Educator plan, appropriate to the new rating.

B)       The Formative Evaluation report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on each performance standard and overall, or both.

C)       No less than two weeks before the due date for the Formative Evaluation report, which due date shall be established by the Evaluator with written notice provided to the Educator, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may also provide to the evaluator additional evidence of the educator's performance against the four Performance Standards.

D)      The Evaluator shall complete the Formative Evaluation report and provide a copy to the Educator. All Formative Evaluation reports must be signed by the Evaluator and delivered face-to-face, by email or to the Educator's school mailbox or home.

E)       Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Evaluation Report.

F)       The Educator may reply in writing to the Formative Evaluation report within 5 school days of receiving the report.

G)     The Educator shall sign the Formative Evaluation report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

H)     As a result of the Formative Evaluation report, the Evaluator may change the activities in the Educator Plan.

I)    If the rating in the Formative Evaluation report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.

14)       Evaluation Cycle: Summative Evaluation

A)       The evaluation cycle concludes with a summative evaluation report. For Educators on a one or two year Educator Plan, the summative report must be written and provided to the educator by May 15th.

B)       The Evaluator determines a rating on each standard and an overall rating based on the Evaluator's professional judgment, an examination of evidence against the Performance Standards and evidence of the attainment of the Educator Plan goals.

C)       The professional judgment of the primary evaluator shall determine the overall summative rating that the Educator receives.

D)       For an educator whose overall performance rating is exemplary or proficient and whose impact on student learning is low, the evaluation's supervisor shall discuss and review the rating with the evaluator and the supervisor shall confirm or revise the educator's rating. In cases where the superintendent serves as the primary evaluator, the superintendent's decision on the rating shall not be subject to review.

E)       The summative evaluation rating must be based on evidence from multiple categories of evidence. MCAS Growth scores shall not be the sole basis for a summative evaluation rating.

F)       To be rated proficient overall, the Educator shall, at a minimum, have been rated proficient on the Curriculum, Planning and Assessment and the Teaching All Students Standards of Effective Teaching Practice.

G)       No less than four weeks before the due date for the Summative Evaluation report, which due date shall be established by the Evaluator with written notice provided to the Educator, the Educator will provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may also provide to the evaluator additional evidence of the educator's performance against the four Performance Standards.

H)      The Summative Evaluation report should recognize areas of strength as well as identify recommendations for professional growth.

I)       The Evaluator shall deliver a signed copy of the Summative Evaluation report to the Educator face-to-face, by email or to the Educator's school mailbox or home no later than May 15th.

J)       The Evaluator shall meet with the Educator rated needs improvement or unsatisfactory to discuss the summative evaluation. The meeting shall occur by June 1st.

K) The Evaluator may meet with the Educator rated proficient or exemplary to discuss the summative evaluation, if either the Educator or the Evaluator requests such a meeting. The meeting shall occur by June 10th.

L)       Upon mutual agreement, the Educator and the Evaluator may develop the Self-Directed Growth Plan for the following two years during the meeting on the Summative Evaluation report.

M)      The Educator shall sign the final Summative Evaluation report by June 15th. The signature indicates that the Educator received the Summative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

N)      The Educator shall have the right to respond in writing to the summative evaluation which shall become part of the final Summative Evaluation report.

O)                     A copy of the signed final Summative Evaluation report shall be filed in the Educator's personnel file.

15)             Educator Plans — General

A)                    Educator Plans shall be designed to provide Educators with feedback for improvement, professional growth, and leadership; and to ensure Educator effectiveness and overall system accountability. The Plan must be aligned to the standards and indicators and be consistent with district and school goals.

B)               The Educator Plan shall include, but is not limited to:

i)        At least one goal related to improvement of practice tied to one or more Performance Standards;

ii)       At least one goal for the improvement the learning, growth and achievement of the students under the Educator's responsibility;

iii)      An outline of actions the Educator must take to attain the goals and benchmarks to assess progress. Actions must include specified professional development and learning activities that the Educator will participate in as a means of obtaining the goals, as well as other support that may be suggested by the Evaluator or provided by the school or district. Examples may include but are not limited to coursework, self-study, action research, curriculum development, study groups with peers, and implementing new programs.

C)    It is the Educator's responsibility to attain the goals in the Plan and to participate in any trainings and professional development provided through the state, district, or other providers in accordance with the Educator Plan.

16) Educator Plans: Developing Educator Plan

A)      The Developing Educator Plan is for all Educators without PTS, and, at the discretion of the Evaluator, Educators with PTS in new assignments.

B)      The Educator shall be evaluated at least annually.

17)   Educator Plans: Self-Directed Growth Plan

A)       A Two-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is moderate or high. A formative evaluation report is completed at the end of year 1 and a summative evaluation report at the end of year 2.

B)       A One-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is low. In this case, the Evaluator and Educator shall analyze the discrepancy between the summative evaluation rating and the rating for impact on student learning to seek to determine the cause(s) of the discrepancy.

18)   Educator Plans: Directed Growth Plan

A)       A Directed Growth Plan is for those Educators with PTS whose overall rating is needs improvement.

B)       The goals in the Plan must address areas identified as needing improvement as determined by the Evaluator.

C)       The Evaluator shall complete a summative evaluation for the Educator at the end of the period determined by the Plan, but at least annually, and in no case later than June 10th

D)       For an Educator on a Directed Growth Plan whose overall performance rating is at least proficient, the Evaluator will place the Educator on a Self-Directed Growth Plan for the next Evaluation Cycle.

E)        For an Educator on a Directed Growth Plan whose overall performance rating is not at least proficient, the Evaluator will rate the Educator as unsatisfactory and will place the Educator on an Improvement Plan for the next Evaluation Cycle.

19)   Educator Plans: Improvement Plan

A)       An Improvement Plan is for those Educators with PTS whose overall rating is unsatisfactory.

B)       The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan of no fewer than 30 calendar days and no more than one school year. In the case of an Educator receiving a rating of unsatisfactory near the close of one school year, the Improvement Plan may include activities that occur during the summer before the next school year begins.

i)        Educators without PTS will meet as needed (as often as weekly) with Evaluator to assess progress in meeting benchmarks of the Improvement Plan.

ii)       Educators with PTS will meet at least monthly with Evaluator for the duration of the one year long Improvement Plan.

C)                                    The Evaluator must complete a summative evaluation for the Educator at the end of the period determined by the Evaluator for the Plan.

D)                                 An Educator on an Improvement Plan shall be assigned a Supervising Evaluator (see definitions). The Supervising Evaluator is responsible for providing the Educator with guidance and assistance in accessing the resources and professional development outlined in the Improvement Plan. The primary evaluator may be the Supervising Evaluator.

E)                                     The Improvement Plan shall define the problem(s) of practice identified through the observations and evaluation and detail the improvement goals to be met, the activities the Educator must take to improve and the assistance to be provided to the Educator by the district.

F)                              The Improvement Plan process shall include:

i)        Within ten school days of notification to the Educator that the Educator is being placed on an Improvement Plan, the Evaluator shall schedule a meeting with the Educator to discuss the Improvement Plan. The Evaluator will develop the Improvement Plan, which will include the provision of specific assistance to the Educator.

ii)       The Educator will have a representative of the Employee's choice from the Employee Organization/Association attend the meeting(s).

iii)       If the Educator consents, the Employee Organization/Association will be informed that an Educator has been placed on an Improvement Plan.

G)                           The Improvement Plan shall:

i)        Define the improvement goals directly related to the performance standard(s) and/or student learning outcomes that must be improved;

ii)       Describe the activities and work products the Educator must complete as a means of improving performance;

iii)      Describe the assistance that the district will make available to the Educator;

iv)      Articulate the measurable outcomes that will be accepted as evidence of improvement;

v)          Detail the timeline for completion of each component of the Plan, including at a minimum a mid-cycle formative assessment report of the relevant standard(s) and indicators);

vi)     Identify the individuals assigned to assist the Educator which must include minimally the Supervising Evaluator; and,

vii)    Include the signatures of the Educator and Supervising Evaluator.

H)     A copy of the signed Plan shall be provided to the Educator. The Educator's signature indicates that the Educator received the Improvement Plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

I)      Decision on the Educator's status at the conclusion of the Improvement Plan.

i)                                                All determinations below must be made no later than June 1. One of three decisions must be made at the conclusion of the Improvement Plan:

(a)      If the Evaluator determines that the Educator has improved his/her practice to the level of proficiency, the Educator will be placed on a Self-Directed Growth Plan.

(b)      In those cases where the Educator was placed on an Improvement Plan as a result of his/her summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is making substantial progress toward proficiency, the Evaluator shall place the Educator on a Directed Growth Plan.

(c)      In those cases where the Educator was placed on an Improvement Plan as a result of his/her Summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is not making substantial progress toward proficiency, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

(d)      If the Evaluator determines that the Educator's practice remains at the level of unsatisfactory, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

20.                    Timelines (Dates in italics are provided as guidance)

Activity:

Completed By:       

Superintendent, principal or designee meets with evaluators and educators to explain evaluation process

September 15

Evaluator meets with first-year educators to assist in self-assessment and goal setting process

Educator submits self-assessment and proposed goals

October 1

Evaluator meets with Educators in teams or individually to establish Educator Plans (Educator Plan may be established at Summative Evaluation Report meeting in prior school year)

October 15

Evaluator completes Educator Plans

November 1

Evaluator should complete first observation of each Educator

November 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired)

* or four weeks before Formative Assessment Report date established by Evaluator

January 5*

Evaluator should complete mid-cycle Formative Assessment Reports for Educators on one-year Educator Plans

February 1

Evaluator holds Formative Assessment Meetings if requested by either Evaluator or Educator

February 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired)

*or 4 weeks prior to Summative Evaluation Report date established by evaluator

April 20*

Evaluator completes Summative Evaluation Report

May 15

Evaluator meets with Educators whose overall Summative Evaluation ratings are Needs Improvement or Unsatisfactory

June 1

Evaluator meets with Educators whose ratings are proficient or exemplary at request of Evaluator or Educator

June 10

Educator signs Summative Evaluation Report and adds response, if any within 5 school days of receipt

June 15

A)      Educators with PTS on Two Year Plans

Activity:

Completed By:

Evaluator completes unannounced observation(s)

Any time during the 2-year evaluation cycle

Evaluator completes Formative Evaluation Report

June 1 of Year 1

Evaluator conducts Formative Evaluation Meeting, if any

June 1 of Year 1

Evaluator completes Summative Evaluation Report

May 15 of Year 2

Evaluator conducts Summative Evaluation Meeting, if any

June 10 of Year 2

Evaluator and Educator sign Summative Evaluation Report

June 15 of Year 2

B)      Educators on Plans of Less than One Year

1         The timeline for educators on Plans of less than one year will be established in the Educator Plan.

21.     Career Advancement

A)       In order to attain Professional Teacher Status, the Educator should achieve ratings of proficient or exemplary on each Performance Standard and overall. A principal considering making an employment decision that would lead to PTS for any Educator who has not been rated proficient or exemplary on each performance standard and overall on the most recent evaluation shall confer with the superintendent by May 1. The principal's decision is subject to review and approval by the superintendent.

B)       In order to qualify to apply for a teacher leader position, the Educator must have had a Summative Evaluation performance rating of proficient or exemplary for at least the previous two years.

C)       Educators with PTS whose summative performance rating is exemplary and, after 201314 whose impact on student learning is rated moderate or high, shall be recognized and rewarded with leadership roles, promotions, additional compensation, public commendation or other acknowledgement as determined by the district through collective bargaining where applicable.

22    Rating Impact on Student Learning Growth

ESE will provide model contract language and guidance on rating educator impact on student learning growth based on state and district-determined measures of student learning by July 15, 2012. Upon receiving this model contract language and guidance, the parties agree to bargain with respect to this matter.

23. Using Student feedback in Educator Evaluation

ESE will provide model contract language, direction and guidance on using student feedback in Educator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter.

24.   Using Staff feedback in Educator Evaluation

ESE will provide model contract language, direction and guidance on using staff feedback in Administrator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter.

25. Transition from Existing Evaluation System for the 2012-2013 Year

A)           The parties agree that 100% of Educators in the district will be evaluated under the new procedures at the outset of this Agreement on a one year plan.

B)           The parties shall agree on a process for identifying the Educator Plan that each Educator will be placed on during the Educator's first year being evaluated under the new procedures, providing that Educators who have received ratings of unsatisfactory or its equivalent in the prior year will be placed on Self-Directed Growth or Improvement Plans at the sole discretion of the Superintendent.

C)                                   The parties agree that to address the workload issue of Evaluators, during the second evaluation cycle under this Agreement in every school or department, the names of the Educators who are being placed on Self-directed Growth Plans shall be literally or figuratively "put into a hat." The first fifty (50) percent drawn shall be on a 1-year Self-directed Growth Plan and the second fifty (50) percent shall be on a 2-year Plan.

D)                                    The existing evaluation system will remain in effect until the provisions set forth in this Article are implemented. The relevant timeframe for adopting and implementing new systems is set forth in 603 CMR 35.11(1).

26.        General Provisions

A)       Only Educators who are licensed may serve as primary evaluators of Educators.

B)       Evaluators shall not make negative comments about the Educator's performance, or comments of a negative evaluative nature, in the presence of students, parents or other staff, except in the unusual circumstance where the Evaluator concludes that s/he must immediately and directly intervene. Nothing in this paragraph is intended to limit an administrator's ability to investigate a complaint, or secure assistance to support an Educator.

C)       The superintendent shall insure that Evaluators have training in supervision and evaluation, including the regulations and standards and indicators of effective teaching practice promulgated by ESE (35.03), and the evaluation Standards and Procedures established in this Agreement.

D)      Should there be a serious disagreement between the Educator and the Evaluator regarding an overall summative performance rating of unsatisfactory, the Educator may meet with the Evaluator's supervisor to discuss the disagreement. Should the Educator request such a meeting, the Evaluator's supervisor must meet with the Educator. The Evaluator may attend any such meeting at the discretion of the superintendent.

E)       The parties agree to establish a joint labor-management evaluation team which shall review the evaluation processes and procedures annually through the first three years of implementation and recommend adjustments to the parties.

F)       Violations of this article are subject to the grievance and arbitration procedures. The arbitrator shall determine whether there was substantial compliance with the totality of the evaluation process. When the evaluation process results in the termination or non-renewal of an Educator, then no financial remedy or reinstatement shall issue if there was substantial compliance.

ARTICLE IX - PERSONNEL FILE

A.  No report, memoranda or other document shall be placed in those files or records referred to in G. L. (Ter. Ed.), Chapter 71, Section 42C, without a copy thereof being delivered to the teacher. Upon receipt of such report, memoranda or other document, the teacher shall have the right to submit to the Superintendent, in writing, such refutation or other comment as the teacher shall deem to be pertinent. Such refutation or other comment shall be incorporated in to the file or record.

B.   Any complaint regarding a teacher made to any member of the administration by any parent, student or other person which is used in any manner for teacher evaluations will be promptly investigated and called to the attention of the teacher. A teacher will be given an opportunity to respond to and rebut such complaint.

C.  Teachers shall have the right to review the contents of his/her personal file as provided under Chapter 71, Section 42C. A teacher shall be entitled to have the advice, assistance, and presence of a representative chosen by the teacher accompanying him/her during such review.

ARTICLE X - INSURANCE

A.   The Town of Florida will pay 75% of the cost of group hospitalization and surgical insurance with benefits substantially equivalent to those benefits provided by Massachusetts Blue Cross & Blue Shield to teachers on September 1, 1982.

The School District of Florida will impact bargain all co-pay changes that occur during the life of this contract.

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

C.    The Committee agrees to request the Treasurer of the Town of Florida to deduct from the salaries of the teachers such sums as shall be authorized by the teachers upon forms satisfactory to the Treasurer for the Town of Florida for any reasonable deductions.

D.    Pursuant to Warrant Article 17 of the June 2000 Town meeting, eligible employees of the School Department will be provided dental insurance. The town's share of the premium will be 75% and the employee's share will be 25%.

ARTICLE XI - PROTECTION

If criminal or civil proceedings are brought against a teacher alleging that such teacher committed an assault in connection with such teacher's employment, Committee will furnish legal counsel to defend such teacher in such proceedings if such teacher requests such assistance.' If a teacher desires to bring criminal proceedings in connection with an alleged assault suffered by the teacher, such teacher may request the Committee to furnish legal counsel to represent such teacher in such proceedings. If the Committee does not provide such counsel when requested and the teacher prevails in the proceeding, then the Committee will reimburse the teacher for reasonable counsel fees incurred. Committee further agrees that it shall indemnify teacher in accordance with and to the extend provided in Section 100C of Chapter 41 of the General Laws.

ARTICLE XII - TEMPORARY LEAVES OF ABSENCE

A.  Teachers shall be granted three (3) personal days per year without loss of pay for reasons personal to the teacher, provided that the teacher gives the Principal, or his/her designee, at least 24 hours advance written notice (except in cases of emergency). Personal days can be taken adjacent to holidays and vacation days only with approval of the Principal. Teachers may exchange (2) sick days for (1) personal day one time per year with the approval of the Principal. It is also understood that the Principal is not obligated to grant such leave to more than two (2) teachers per day, due to concerns regarding classroom teaching and supervision. If more than two requests are submitted for the same day, the Principal shall grant such leave in the order in which the written request for such leave, is received, provided always that the principal or the designee shall not deny such leave to a teacher if the religious convictions of the teacher prohibit such teacher from working on the day in question. The written notice need not include an explanation of the need to be absent from school that day. It is understood that the principal will occasionally need to discuss personal day requests with teachers, in order to resolve schedule conflicts.

B.  Four (4) emergency days to be taken only as needed. These emergency days could be used only for specific reasons, such as family sickness or death. The reason for taking an emergency day would need to be stated in writing by the teacher.

C.  In addition to personal injury or illness, sick leave may be utilized for emergency days:

1. A teacher can use one (1) day when emergency, illness or injury in the family requires making arrangements for necessary medical and/or nursing care.

2. A teacher can use a maximum of five (5) days per school year for an illness in the immediate family of a significant other.

3. Any other reason pertaining to this article (for the use of sick leave days) must be approved by School Committee with the recommendation of the Principal and the Superintendent.

D.  Pursuant to Massachusetts General Laws, Chapter 149, Section 105-D, every full-time female employee shall be entitled to eight weeks maternity leave under the following conditions:

1.  She has completed at least ninety days in the Florida School System.

2. She gives two weeks notice of her expected departure date and notice that she intends to return to her job. She is entitled to return to the same or a similar position without loss of benefits under contract for which she was eligible on the date her leave commenced (subject to exceptions specified in Massachusetts general Laws, Chapter 149, Section 105-D). A teacher who receives maternity leave pursuant to Section 105-D may apply accumulated sick leave toward this maternity leave for those days that doctor-certified disability because of pregnancy makes absence necessary.

E. Temporary leaves of absence with loss of pay will be granted for the purpose of rearing a child born of the teacher or of the spouse of the teacher, provided that teacher shall request such leave, in writing, within the 20 calendar days immediately following the day of the birth of the child. Such request shall include: (1) the date of birth of the child, and (2) the date that the leave is to begin, and (3) the date that the leave is to end, and (4) an assurance that the teacher will immediately resume teaching within the district upon expiration of the leave. The duration of the leave granted hereunder shall not exceed 12 calendar months and must be for a period not less than the balance of the school year if such leave commenced during a school year. A teacher upon return shall be reinstated to all benefits.

F.   The Committee may, but need not grant, temporary leaves of absence to teachers upon such terms and conditions as the Committee may determine and the grant, denial and imposition of terms and conditions shall not be subject to grievance or arbitration.

G.  In the event of the death of the husband, wife, child, mother, father, stepmother, stepfather, brother, sister, or significant other, for a period, not in excess of five (5) consecutive school days, and in the event of the death of mother-in-law, father-in-law, guardian, grandfather, grandmother, for a period not in excess of three (3) consecutive school days, in the event of the death of an aunt or uncle of the teacher for a period not in excess of one (1) school day. The beginning of such leave to commence with the date of death, except for uncle or aunt in which case leave may be taken on the day of the funeral; however, under extraordinary circumstances the leave may be taken at a later time subject to Committee approval.

ARTICLE XIII - SICK LEAVE

A.  A teacher shall be credited with 12 days of sick leave during each work year of employment. Sick leave shall be accumulated from year to year up to a maximum of 180 days. A teacher, upon request, shall receive an account of such teacher's accumulated sick leave.

B.  Accumulated sick leave may be used for the purposes of illness or other purposes as specified elsewhere in this agreement.

C.    Further leave for reasons of illness may but need not be granted by Committee upon such terms and conditions as Committee shall unilaterally determine. The grant or denial of such leave and the terms and conditions thereof shall not be subject to grievance or arbitration.

D.   The School Committee agrees to buy a maximum of 180 unused sick days from a teacher who as accumulated 20 years of serviced to the Florida Public Schools. Teachers must notify the Superintendent, in writing, one year before payment is expected. In the event that emergencies occur, and advance notice cannot be provided, approval for this payment will be granted at the discretion of the Superintendent and the School Committee. The days will be purchased for $30.00/day. Part time teachers will be paid proportionately based on the above.

E.    A sick bank committee will be established, composed of two teachers to be appointed by the association and two members appointed by the school committee. Appointees shall serve from date of appointment to the third Tuesday in September and thereafter until successors are appointed.

•     Each teacher employed by the school committee will have the opportunity to become a member of the Sick Leave Bank upon attainment of professional status at Gabriel Abbott Memorial School.

•     Each teacher who has completed three (3) consecutive years of employment in the Gabriel Abbott Memorial School System, as of September 1, 2010, shall, as of that date, if they so choose, make an initial contribution to the Sick Leave Bank of three (3) days from his/her accumulated sick leave. This contribution shall continue each year thereafter.

•     In addition to his/her accumulated sick leave, a teacher may draw additional days from Sick Leave Bank such that a total of 180 days is available for a given personal illness or injury, upon Sick Leave Bank Committee's determination:

1.    The member teacher suffers from a bona fide medical illness.

2.    The member teacher has exhausted all of his/her own sick leave.

3.    The member teacher has petitioned the Sick Leave Bank Committee and has submitted all information requested by the committee.

•     The Sick Leave Bank committee may from time to time promulgate such rules, regulations, requirements and procedures as may be necessary or advisable to administer the Sick Leave Bank. All information presented to the Sick Leave Bank Committee shall be kept confidential.

F. The determination of the Sick Leave Bank Committee with respect to any petition, including and without  limitation the denial of a petition or determination of the number of days to be granted, shall be final and binding on all parties and the said Committee's decision shall not be subject to grievance or arbitration. In the event of a tie, the petition shall be referred to and decided by the School Committee

ARTICLE XIV - INJURY IN THE COURSE OF EMPLOYMENT

A.   If a teacher, because of injury sustained in the course of and arising out of his employment by Committee, is receiving benefits under Section 34 of Chapter 152 of the General Laws of the Commonwealth of Massachusetts (Workmen's Compensation Act), the Committee shall pay to such teacher each month so long as such teacher is receiving benefits under said Section 34 an amount equal to the difference between the teacher's salary at the time of such injury and the amount of weekly indemnity being received by the teacher under Sections 34 and 35A of said chapter 152. Notwithstanding the foregoing, the maximum amount payable by the Committee hereunder (exclusive of benefits payable under Sections 34 and 35A of Chapter 152) is an amount equal to the number of such teacher's accumulated sick leave multiplied by such teacher's per diem rate.

B.   Each day of absence from work for which a teacher received compensation under this article shall not be deemed for purposes of Article XIII a day absent because of illness and teacher shall be compensated under the provision of this article rather than under any other provisions herein set forth. However, the accumulated number of sick days under Article XIII available to the teacher shall be reduced by an amount equal to the total sum paid to the teacher under this article (exclusive of benefits payable under Sections 34 and 35A of Chapter 152) divided by the teacher's per diem rate.

ARTICLE XV - REDUCTION IN FORCE

A. If the Committee, in the exercise of its discretion, determines that it shall reduce the professional staff of the school district, the Committee shall, subject to the provisions of the General Laws of this Commonwealth, then implement such reduction by terminating or not renewing the employment of the teacher serving without professional teacher statues as opposed to the qualified teacher serving with professional teacher status. If the Committee, in the exercise of its discretion, determines that it shall further reduce the professional staff of the District, the Committee shall thereupon implement such reduction in the following manner:

The Superintendent shall recommend to the Committee the professionals to be terminated and in making the recommendation or recommendations, the Superintendent shall, in the context of what he/she perceives to be the immediate and long-range needs of the school district, consider (1) the relative competency of members of the professional staff, and (2) the relative length of service of members of the professional staff, and (3) the areas within which members of the professional staff are certified or may be certified. Upon receipt of said recommendations of the Superintendent, the Committee shall, subject to such constraints as may be imposed upon it by law and the terms of this agreement, proceed to implement such reduction. The decision of the Committee shall be final and shall not be subject to grievance or arbitration." Length of service" (seniority) means a teacher's most recent continuous length of service in the present school system (or one of its components) from his/her initial date of appointment. A teacher serving with professional teacher status whose employment is terminated under this article as of the next ensuing school year shall be notified of such termination on or before June 1st proceeding such school year. A "school year" is deemed to commence no earlier than the date indicated on the approved school calendar.

B.  If within a 12-month period following termination in accordance with this article a teaching vacancy occurs, the Superintendent shall so notify all teachers who have been terminated within the 12-month period preceding the date of notice. (Notice shall be in writing addressed to the teacher at the teacher's last address as it appears on the records of the school). If one or more of said teachers shall, within 14 days of the date of notice, advise the Superintendent in writing that he/she/they are desirous of being appointed to such a vacancy, the Superintendent shall recommend and the Committee shall fill the teaching vacancy with the teacher who has the professional skills and certification for the said position and who has the greatest length of service in the school system.

C.  All qualified teachers who have attained professional teacher status whose employment has been terminated under the provisions of this article shall be given adequate opportunity to make application for teaching positions and the Committee agrees to give due weight to the professional background and the attainments of all applicants, the length of time each has been engaged in teaching, and other relevant factors. When all factors are, in the good faith opinion of the Committee, substantially equal, preference in filling such substitute teaching positions shall be given to qualified teachers terminated under the provisions of this paragraph.

ARTICLE XVI - INCREMENTAL BENEFIT

A teacher shall, once during his/her employment in the Florida Public Schools, be entitled to an increment of three thousand five hundred dollars ($3,500) above his/her salary for one (1) fiscal year upon the teacher's request provided:

a.) Teachers must have a minimum of twelve (12) years continuous service in the Florida Public Schools.

b.) Such request is made to the Superintendent in writing by January 15 immediately preceding the fiscal year for which the increment is to be applied.

c.) After the one (1) year of implementation, the teacher's salary will return to the appropriate placement on the salary schedule.

ARTICLE XVII - UTILIZATION OF SANCTIONS BY TEACHERS

The Association agrees that no teacher employed by the Committee shall, during the course of his employment by the Committee, participate in any strike, slowdown, walkout, sit-in or similar activity disruptive of the conduct of the affairs of the Committee or the function of the educational process within the School System.

ARTICLE XVIII - GENERAL

A.  If any part of this agreement is in conflict with law, such part shall be suspended and the appropriate mandatory provisions shall prevail and the remainder of this agreement shall not be affected thereby.

B.  The Committee will promptly provide Association with one copy of the minutes of official and open (as opposed to "Executive Sessions") meeting of Committee together with the agenda and attached documents (including but not limited to the preliminary budget and final approved budget) after same have been duly approved by Committee.

C.  The exercise of constitutionally protected rights of a teacher to pursue religious or political activity shall be not grounds for any discipline or discrimination with respect to the employment of said teacher.

F.    The exercise by a teacher of those rights vested in teachers, individually or collectively, by Chapter 150E of the General Laws of the Commonwealth (the collective bargaining law) will not be grounds for any discipline or discrimination with respect to the employment of said teachers.

G.   Children and Foster Children of staff members will be permitted to attend preschool at Abbott Memorial School dependent on the availability of the program and space permitting.

ARTICLE XIX - EXTRACURRICULAR ACTIVITIES

A.  All extracurricular positions to be filled will be posted in-house. Equally qualified teachers in the employ of the Florida Public Schools shall be given preference for those positions.

B.  The School Committee will have the right to establish initial compensation for any new positions created, but will be obligated to negotiate such compensation with the Association thereafter.

C.  Extracurricular Positions - Stipend

Assistant Principal                                                $ 1,050.00 per year

Athletic Coach                                                       $ 400.00 (per activity)

Graduation and Yearbook Coordinator                 $ 750.00 per year

ARTICLE XX - DURATION AND RENEGOTIATION

This Agreement shall be effective as of August 31, 2013 or the first day of the new school year, and remain in full force and effect through August 31, 2016 or the first day of the new school year, whichever comes first. Both parties agree that on or before January 31, 2016 they will use their best efforts to negotiate an agreement to become effective on the expiration of this agreement.

IN WITNESS WHEREOF, we have affixed our hands this  _______________day of ___________,2013.

TOWN OF FLORIDA SCHOOL COMMITTEE

By:__________________________________

______________________________________

______________________________________

FLORIDA EDUCATION ASSOCIATION

By:__________________________________

______________________________________

______________________________________