|Shared Contract District|
|Type of District||Elementary|
|Most Recent Document||Contract|
|Superintendency Union||Union 43 Clarksburg Florida Savoy|
|Regional HS Members|
|Vocational HS Members||Northern Berkshire RVTSD|
|Kind of Community||small rural communities|
|Number of Schools||1|
|Percent Low Income Students||44|
|Grade Start||PK or K|
FLORIDA SCHOOL COMMITTEE
FLORIDA EDUCATION ASSOCIATION
SEPTEMBER 1, 2009 AUGUST 31, 2010
2009 - 2010
AGREEMENT made as of the 25th day of June 2009 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:
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 teachers 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.
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. Longevity payments will be made according to the following table for fiscal year 10:
After 15 years of service: $ 700.00
After 20 years of service: $1,100.00
After 25 years of service: $1,300.00
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. 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.
Level Two. If the grievance is not resolved to the satisfaction of the grievant within six days after submission at Level One, the grievant either directly or through the Association may present the grievance in writing to the Superintendent.
Level Three. If the grievance is not resolved to the satisfaction of the grievant within six days after submission at Level Two, the grievant either directly or through the Association may present the grievance in writing to the Committee.
Level Four. If the grievance is not resolved to the satisfaction of the grievant within 30 days after submission to 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 to arbitration in accordance with the provision hereinafter set forth, the Committee and the Association shall request of the American Arbitration Association a list of five potential arbitrators, none of whom shall have been primarily engaged during the immediately preceding five years in activities directly or indirectly related to the academic community in the capacity of teacher, administrator or public official, whereupon each of the parties shall alternately strike two names from the list of such arbitrators until but one name remains upon the list. The said remaining name shall be designated as the arbitrator. Parties shall be bound by the rules and procedures of the American Arbitration Association unless contrary to express provisions herein set forth.
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 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. 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. The number of days students are required to be in attendance at school shall, from time to time, be established by the Committee. If the Department of Education for the Commonwealth of Massachusetts establishes parameters for the attendance of students at school, the Committee will establish the number of days students are required to be in attendance at school within such parameters and the Committee in so establishing the number of days students are required to be in attendance at school may from time to time lengthen and otherwise modify the "workday".
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. Every reasonable effort will be made to schedule substitutes when specialists are absent. This will not be subject to arbitration or grievance.
G. The work year of teachers will be no longer then 181 days, which includes the day before school begins for students.
ARTICLE VIII --FLORIDA EVALUATION PROCESS AND PROCEDURES
A. Definitions and Purpose
The Committee and the Association are dedicated to the concept of quality education
and to this end recognize the administrative responsibility for teacher evaluation.
The evaluation process will be aligned with the expectations of the Education Reform Act. A committee of teachers and administrators will develop revisions and these revisions will be added to this collectively bargained agreement when voted and approved by the FTA and the School Committee.
Evaluation is the ongoing process of defining goals and of identifying, gathering and
using information as a part of a process which has the purposes of (a) providing information
for improving performance, and (b) providing a record of facts and assessments to assess
total job effectiveness and make personnel decisions. The evaluation process shall be free of
racial, sexual, religious and other discriminations or biases as defined in state and federal
laws. The primary evaluator will be the principal. Other evaluators may be the
superintendent of schools or the director of special education, as appropriate.
B. Gathering Information
1. Evaluation may consist of formal or informal observation of teaching or other work
performance. Formal observations shall include any substantial classroom or equivalent visit
made with a view toward completing a written evaluation of the teacher's performance. In-
formal observations would include briefer classroom visits or chance observations. All
monitoring or observation of the work performance of a teacher will be conducted openly and
with full knowledge of the teacher. The use of eavesdropping, public address or audio
systems, and similar surveillance devices shall be strictly prohibited.
2. In the case of classroom teachers, information used in evaluation shall be based
primarily on direct observation of teaching performance reflecting the following Principles
of Effective Teaching (the descriptors which are included are meant to serve as
examples which demonstrate proficiency but are not meant to be considered all
I. CURRENCY IN THE CURRICULUM
A. The teacher is up to date regarding curriculum content.
1. Demonstrates a working knowledge of the core curriculum of the teacher's
2. Frames curriculum around essential questions in the discipline that provide
opportunities for reasoning, logic, analysis and synthesis when planning
units, lessons, and assessments.
3. Keeps current in the field and applies knowledge to the instructional program.
4. Contributes to the ongoing evaluation of the curriculum.
II. EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION
A. The teacher plans instruction effectively.
1. Has a personal vision of committed, confident learners and uses that vision to
guide learning goals, expectations, and standards for student work.
2. Sets short-term and year-long goals for curricular units which derive from
unifying themes of fundamental importance to students' present or future
3. Identifies individual and group needs and plans appropriate strategies,
including those that involve the use of up-to-date technologies, to meet
4. Uses materials and resources, including technologies, that are appropriately
matched to curricular goals and to students' needs and learning styles.
5. Frames curriculum around students' own prior knowledge and experience
and identifies prerequisite skills, concepts, and vocabulary that are
important for students to know in order to be successful at a task.
6. Seeks out and collaborates with school-based specialists, resource
personnel, including technology specialists, and administrators to better
design curricula or instructional modifications to meet the special learning
needs of students and support all students to learn and apply a challenging core curriculum.
7. Plans engaging ways to introduce each unit of study.
8. Plans frequent instructional opportunities where students are interacting with
ideas, materials, teachers and one another.
9. Designs curriculum experiences in which students take increasing
responsibility for their own learning.
10. Integrates the teaching of reading, listening, writing, speaking, viewing and
the use of appropriate learning tools (e.g., calculators, computers, etc.)
within the discipline.
B. The teacher plans assessment of student learning effectively.
1. Determines specific and challenging standards for student learning.
2. Develops and uses authentic assessment which describes a student's
learning process as well as his/her learning achievements.
3. Incorporates time for individual and interactive reflection including response
journals, debriefings, and group discussions.
C. The teacher monitors students' understanding of the curriculum effectively and
adjusts instruction, materials, or assessments when appropriate.
1. Regularly uses a variety of formal and informal authentic assessments of
students' achievement and progress for instructional revisions and
2. Implements evaluation procedures which appropriately assess the objectives
3. Communicates student progress to parents, students and staff members in a
timely fashion using a range of information including portfolios, anecdotal
records and other artifacts.
4. Prepares and maintains accurate and effective recordkeeping systems of the
quality and quantity of student work.
5. Uses individual and group data appropriately; maintains confidentiality
concerning individual student data and achievement.
III. EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT
A. The teacher creates an environment that is positive for student learning and
1. Implements instructional opportunities where students are interacting with
ideas, materials, teachers and one another.
2. Implements curriculum experiences in which students take increasing
responsibility for their own learning.
3. Demonstrates an openness to student challenges about information and
4. Uses classroom time and classroom space to promote optimal learning.
5. Understands principles and patterns of child growth and development and
uses this knowledge in working with students.
6. Establishes classroom procedures that maintain a high level of students'
time-on-task and that ensure smooth transitions from one activity to
B. The teacher maintains appropriate standards of behavior, mutual respect and
1. Maintains systematic approach to discipline by establishing and
administering a consistent and fair set of rules supporting appropriate
2. Manages routines effectively.
3. Maintains appropriate professional boundaries with students.
4. Serves as a positive role model for students.
IV. EFFECTIVE INSTRUCTION
A. The teacher makes learning goals clear to students.
1. Makes connections between concepts taught and students' prior knowledge
2. Regularly checks for students' understanding of content and concepts and
progress on skills.
3. Identifies confusions and misconceptions as indicated by student responses
and regular assessment strategies. Remediates, reteaches, or extends
teaching to meet individual and/or group need.
4. Communicates clearly in writing and speaking, using precise language.
5. Understands and shows students the relevance of the subject to life-long
B. The teacher uses appropriate instructional techniques.
1. Uses a variety of teaching strategies, including cooperative, peer and project-
based learning; audio-visual presentations, lecture, discussions and
inquiry, practice and application, and the teaching of others.
2. Provides options for students to demonstrate competency and mastery of
new material, including written work, plays, art work, oratory, visual
presentations, exhibitions and portfolios.
3. Uses a variety of appropriate materials in order to reinforce and extend skills,
accommodate learning styles and match instructional objectives.
4. Causes students to become cognitively active in summarizing important
learnings and integrating them with prior knowledge.
5. Demonstrates working knowledge of current research on optimum means for
learning a particular discipline.
C. The teacher uses appropriate questioning techniques.
1. Uses a variety of questioning techniques, including those which encourage
and guide critical and independent thinking and the development of ideas.
2. Presents information recognizing multiple points of view; encourages
students to assess the accuracy of information presented.
D. The teacher evaluates, tries innovative approaches, and refines instructional
strategies, including the effective use of technologies, to increase student
learning and confidence to learn.
1. Regularly tries innovative approaches to improve instructional practices.
2. Continually evaluates, tries innovative approaches and refines instructional
strategies, including the effective use of technologies, to increase student
learning and confidence about learning.
3. Assesses instructional strategies in authentic ways by comparing intended
and actual learning outcomes.
V. PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT
A. The teacher communicates learning goals and high standards and expectations to
1. Regularly communicates objectives or learning outcomes to students.
2. Regularly provides feedback to students on their progress on goals and
3. Communicates standards, expectations and guidelines regarding quality and
quantity of students' work, work procedures and interpersonal behavior to
students and parents.
4. Responds to students' answers and work so as to keep students open,
thinking, and willing to take risks and to persevere with challenging tasks.
5. Models the skills, attitudes, values and processes central to the subject being
B. The teacher promotes confidence and perseverance in the student that stimulate
increased personal student responsibility for achieving the goals of the curriculum.
1. Uses prompt feedback and student goal setting in order to increase student
motivation and ownership of learning.
2. Develops and supports students' awareness of themselves as learners and
their ability to overcome self-doubts associated with learning and take
3. Nurtures students' eagerness to do challenging work and provides incentive,
interest and support for students to take responsibility to complete such
4. Acts on the belief that all students can learn and that virtually all can master a
challenging core curriculum with appropriate modifications of instruction.
5. Encourages and supports students to believe that effort is a key to high
achievement and acknowledges and values student work, study and
6. Regularly identifies students needing extra help and secures student
cooperation and participation in extra help sessions.
7. Identifies students who are not meeting expectations and develops a plan
that designates the teacher's and the student's responsibilities regarding
8. Demonstrates attitudes of fairness, courtesy and respect that encourages
students' active participation and commitment to learning.
9. Builds, positive relationships with students and parents to enhance students'
abilities to learn effectively.
10.Recognizes and responds appropriately when an individual student is having
social and/or emotional difficulties which interfere with learning and/or
participation in class.
VI. PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY
A. The teacher strives to ensure equitable opportunities for student learning.
1. Provides opportunities to include all students in the full range of academic
programs and activities and extra-curricular activities.
2. Addresses the needs of diverse student populations by applying and
adapting constitutional and statutory laws, state regulations and Board of
Education policies and guidelines.
B. The teacher demonstrates appreciation for and sensitivity to the diversity among
1. Demonstrates sensitivity to differences in abilities, modes of contribution, and
social and cultural backgrounds.
2. Develops and implements educational and organizational strategies that are
effective in meeting the needs of a diverse student body.
3. Functions effectively in a multi-lingual, multi-cultural and economically
VII. FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES
A. The teacher is constructive and cooperative in interactions with parents and
receptive to their contributions.
1. Keeps parents informed of student's progress and works with them, in
culturally appropriate ways, to aid in the total development of the student.
2. Maintains professional boundaries with parents.
B. The teacher shares responsibility for accomplishing the goals and priorities of
his/her grade/team/department, building and school district.
1. Maintains professional boundaries with colleagues.
2. Works constructively with others to identify school problems and suggest
3. Works collaboratively with other staff in planning and implementing
interdisciplinary curriculum, instruction and other school programs and
shares expertise and new ideas with colleagues.
4. Participates in student or school activities.
5. Cooperates with other teachers about students' overall work load.
C. The teacher is a reflective and continuous learner.
1. Reflects about and acts on what students need to know and be able to do
and about what the teacher can do to foster learning.
2. Uses available resources to analyze, expand, and refine professional
knowledge and skills; resources can include professional organizations,
academic course work, school-based staff, administrative and community
resources, and other colleagues.
3. Participates in activities that demonstrate a commitment to the teaching
4. Seeks out information in order to grow and improve as a professional.
5. Is receptive to suggestions for growth and improvement.
In addition to the Principles as outlined above, the teacher with Professional Teacher
Status, as defined in M.G.L. Chapter 71, Section 41 (formerly known as tenure), and principal,
or SPED Director, or superintendent will meet every other year for the purpose of mutually establishing specific teacher goals. Teachers serving without Professional Teacher Status
will meet yearly for this purpose.
C. Reporting Results
1. For each formal observation, the evaluator will provide a document which identifies
areas of strength as well as areas which need improvement, based upon the established
criteria and goals. Where there are areas needing improvement, the evaluator should, as far
as practicable, (a) specific recommendations for improvement, (b) direct assistance to
implement such recommendations, and (c) a reasonable time schedule to monitor progress.
2. The observation instrument shall be a narrative report based on the clinical model of
supervision. The document shall include a description of the class; the objective of the
lesson; direct student and/or teacher quotes during the lesson; teacher and student actions;
an analysis of the lesson; any comments or requests raised during the post observation
conference; specific commendations and recommendations. All comments should relate as
closely as possible to the indicators listed in Principles of Effective Teaching.
3. All formal observations will be accompanied by a post-evaluation conference, to be
scheduled as soon as possible after the evaluation, but no later than five (5) school days.
The formal observation will be preceded by a pre-observation conference. The written report
will be presented to the teacher within ten (10) school days after the post-observation
conference. A teacher may request another conference within three (3) school days after
receipt of the written evaluation.
4. The teacher will acknowledge that an opportunity was afforded to review the written
observation by signing the copy to be filed. It is expressly understood that such signature
does not necessarily indicate agreement with the contents thereof.
5. A summative Evaluation Report for teachers with Professional Teacher Status will
be issued every other year indicating that the Performance Standards have been met
throughout the year. If a teacher "Needs Improvement" in any Performance Standard, a
Professional Improvement Plan will be developed which will indicate, as far as practicable,
specific recommendations, a summary of assistance to be provided, and a reasonable
timeline in order to demonstrate mastery of the Standard. It is clearly understood that when a
teacher is involved in this Improvement Plan, failure to master Standards can lead to
personnel decisions. Teachers without Professional Teacher Status will be issued a
summative Evaluation Report every year.
6. The teacher may respond, in writing, to any report, and may note any significant
differences. Such response will be placed in the teacher's personnel file attached to the
report, and must be submitted to the superintendent within ten(10) school days of receipt of
the original report.
D. Frequency of Evaluation
Teachers who have attained Professional Teacher Status will be formally
observed a minimum of once every two (2) years. Teachers serving without Professional
Teacher Status will be formally observed at least three (3) times a year during their
probationary period. There is nothing to preclude additional observations in any
given year. A summative Evaluation Report will be issued following the observations.
E. Alternative Evaluation
Teachers who have attained Professional Teacher Status and whose evaluations
have been satisfactory to date may chose to submit an Alternative Evaluation Proposal
or continue formal evaluation. Each proposal would include the following information:
o the General Category of the proposal,
o the Goals of the proposal,
o the Actions or Procedures they will follow to accomplish the goal,
o what Evidence they will provide that shows accomplishment of the goal,
o other Teacher Participants and if so, their roles and responsibilities, and
o what type of Support is needed from the principal,
The following are examples of acceptable activities:
1. Peer Observation
Teachers agree to observe each other's classes 3-4 times during the year and
provide and receive feedback important to their goal.
2. Study Groups
Teachers meet with colleagues in groups of 3-4 to learn new strategies,
experiment with these strategies and share the results of their experiments.
3. Analysis of a Portfolio of Artifacts
A teacher could maintain a file which includes each lesson plan, hand-out, quiz,
test and exam in a given semester. The analysis might include the congruency
between what is taught and what and how it is tested; the relationship between
the instructional strategies used and student achievement.
4. Weekly Journal
A teacher could reflect upon what worked and what didn't work in their teaching
and record their thoughts in a journal which would be shared with the principal
or another teacher.
5. Preparing and Presenting a Staff Development Program
A teacher with interest and expertise in a particular area of instruction could
develop and present a program on the topic to other interested staff. The
presentation should include what participants will know or be able to do as a
result of participating in the program, why it is important to learn it and how it
relates to student learning.
6. Submission of Articles for Publication
A teacher could prepare and present two or three articles on instruction and/or
curriculum for publication in professional journals.
7. Self Analysis of Videotapes
A teacher could videotape three different lessons during the course of the year,
analyze the lessons and write up an assessment on the effectiveness of each.
8. Extended Mentoring
A teacher could develop and/or extend a mentoring relationship throughout the
school year. The mentoring process should include observing the new teacher
at least several points throughout the year, providing feedback, being observed
by the teacher and holding frequent discussions about teaching.
9. Other (if considered appropriate by the principal)
The evaluation procedure is designed to assess and improve the performance of
teachers. Accordingly, it is understood and agreed that alleged circumstances of in-
appropriate behavior, conduct unbecoming, or the like, ordinarily are investigated and de-
termined in accordance with discipline provisions under Massachusetts General Laws,
Chapter 71, and under Article VI A of this Agreement.
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 towns share of the premium will be 75% and the employees 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. 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 or significant other.
3. Any other reason pertaining to this article (for the use of sick leave days) must be approved by the 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.
E. 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.
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 preceding 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.
D. 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.
E. 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 $ 800 per year
Athletic Coach $ 400 (per activity)
Graduation and Yearbook Coordinator $ 750 per year
ARTICLE XX - DURATION AND RENEGOTIATION
This Agreement shall be effective as of August 31, 2009 or the first day of the new school year, and remain in full force and effect through August 31, 2010 or the first day of the new school year, whichever comes first. Both parties agree that on or before November 1, 2010 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
TOWN OF FLORIDA SCHOOL COMMITTEE
FLORIDA EDUCATION ASSOCIATION