Foxborough

Show detailed information about district and contract

DistrictFoxborough
Shared Contract District
Org Code990000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersSoutheastern RVTSD
CountyNorfolk
ESE RegionSoutheast
Urban
Kind of Communityeconomically developed suburbs
Number of Schools5
Enrollment2867
Percent Low Income Students11
Grade StartPK or K
Grade End12
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AGREEMENT

between

FOXBOROUGH SCHOOL COMMITTEE

and FOXBOROUGH EDUCATION ASSOCIATION

(Teachers)

SEPTEMBER 1, 2011 - AUGUST 31, 2013

 

This AGREEMENT is made and entered into this _____ day of  _____________   2011, by and between the School Committee of the Town of Foxborough (hereinafter, the "Committee") and the Foxborough Education Association (hereinafter, the "Association").

WITNESSETH:

WHEREAS, the Committee and the Association entered into a Collective Bargaining Agreement, covering the period from September 1, 2008, through August 31, 2011, with respect to the wages, hours of work, and other conditions of employment of the professional employees represented by the Association; and

WHEREAS, said Agreement terminates on August 31, 2011, and the Committee and the Association desire to enter into a new agreement with respect to the wages, hours of work, and other conditions of employment of said professional employees;

NOW, THEREFORE, it is mutually agreed between the Committee and the Association as follows:

ARTICLE I

PREAMBLE

Section 1, Recognizing that the prime purpose of the Committee and the employees represented by fee Association is to provide education and services of the highest possible quality for the children of Foxborough, and that good morale within the Foxborough School District is essential to the achievement of that purpose, the parties hereto agree and declare as follows:

a.   The Committee is a public body established under and with powers provided by fee laws of the Commonwealth of Massachusetts and nothing in this Agreement shall be deemed to derogate from or impair any power, right, or duty conferred upon the Committee by law or any rule or regulation of any agency of the Commonwealth. The Committee retains all fee powers, rights, and duties that it has by law and may exercise the same at its discretion.

b.   The   Committee   has   the   responsibility   for   establishing   policies   for  the administration and management of the schools.

c.   The Superintendent of Schools (hereinafter, the "Superintendent"), as the chief executive officer of the School District, has the responsibility for managing the school system and implementing the policies established by the Committee.

d.   The said employees have responsibility for providing education and services of the highest possible quality.

e.   Fulfillment of these respective responsibilities can be facilitated and supported by consultations and the free exchange of views and information between the Committee, the Superintendent and said employees in the formulation and application of policies relating to wages, hours and other conditions of employment.

ARTICLE II

RECOGNITION

Pursuant to the provisions of Chapter I50E of the General Laws of Massachusetts, the Committee recognizes the Association, for the purpose of collective bargaining with respect to wages, hours and other conditions of employment and the negotiation of collective bargaining agreements and any questions thereunder, as the exclusive bargaining agent and representative of all professional employees, including school nurses, teachers, guidance counselors, speech and language therapists, social workers, behavior therapists, occupational therapists, and physical therapists, employed by the Committee, except the Superintendent of Schools, Assistant Superintendent of Schools, Business Manager, Principals, Assistant Principals, Director of Pupil Personnel Services, Director of Media & Technology Services, Supervisor of Food Services, all Coordinators, Athletic Director and Substitute Teachers. Nothing in this Agreement shall be deemed to limit any of the rights offered employees and their exclusive representative under the provisions of said Chapter 150E.

ARTICLE III

NEGOTIATING PROCEDURES

For the purposes of collective bargaining, the designated representative or representatives of the Committee and the designated representative or representatives of the Association shall meet at reasonable times and shall confer in good faith with respect to wages, hours and other conditions of employment and shall execute a written contract incorporating any agreement reached. Negotiating meetings shall not be held during a school day.

ARTICLE IV

GRIEVANCE PROCEDURE

Section 1. The purpose of this procedure is to produce prompt and equitable solutions to grievances, as hereinafter defined, which may from time to time arise with respect to the terms and provisions of this Agreement.

Section 2. Nothing herein contained will be construed as limiting the right of an aggrieved employee from presenting his/her grievance to the Superintendent and having such grievance heard without the intervention of the Association, provided that the Association is afforded the opportunity to be present at such conferences and to state its views and that any adjustments made shall not be inconsistent with the terms of this Agreement.

Section 3. A grievance is defined as a question, complaint or dispute involving the meaning, application or interpretation of or compliance with the terms and provisions of this Agreement. The dismissal, suspension or demotion of an employee shall not be subject to the grievance procedure but shall be subject to the specific procedures set forth in Chapter 71 of the General Laws for the taking of such actions.

Section 4. Grievances, except as otherwise provided for herein, shall be processed in accordance with the following procedure:

a.   Informal

(1)     A grievant(s) shall initiate the grievance procedure of this Article by notifying his/her immediate supervisor (Principal or Director of Special Education) in writing that he/she would like to meet in an attempt to resolve a problem before it becomes a formal grievance. Said notice need not be in the form of a grievance as hereinbefore defined. Said notice shall be made within ten (10) school days next following the occurrence of the problem or the date of first knowledge of its occurrence by an employee affected by it.

(2)         Within three (3) school days after receipt of such a notice, the immediate supervisor or his/her designee shall meet with the grievant and attempt to resolve the problem.

(3)         If within seven (7) school days after such meeting, the grievant and the immediate supervisor or his/her designee have failed to agree upon a resolution of the problem, or upon failure of the immediate supervisor or his/her designee to hold a meeting within three (3) school days after receipt of said notice, the grievant may elect to proceed to the next level.

b.    Level One

(1)    The aggrieved employee or the Association shall present the grievance in writing to his/her immediate supervisor (Principal or Director of Special Education) within twelve (12) school days after the informal meeting with the immediate supervisor or, if no meeting was held, within five (5) school days after the deadline for holding said meeting. The grievance shall give a summary of the facts involved, the provision or provisions of this Agreement allegedly violated and the relief desired.

(2)    Within ten (10) school days after receipt of the written grievance, the Principal or the Director of Special Education shall meet with the aggrieved employee and a representative or representatives of the Association to hear the grievance.

(3)    The Principal or the Director of Special Education shall, within ten (10) school days after the conclusion of said meeting advise the aggrieved employee and the Association in writing of his/her decision concerning the grievance.

c.    Level Two

(1)   If at the end of the twenty (20) school days following receipt by the Principal or Director of Special Education of the written grievance at Level One the grievance shall not have been disposed of to the employee's satisfaction, the aggrieved employee or the Association may within five (5) school days thereafter submit the grievance in writing to the Superintendent.

(2)    Within ten (10) school days after receipt of the written grievance, the Superintendent shall meet with the aggrieved employee and a representative or representatives of the Association to hear the grievance.

(3) The Superintendent shall, within ten (10) school days after the conclusion of said meeting advise the aggrieved employee and the Association in writing of her/his decision concerning the grievance.

d.   Level Three

(1)        If at the end of the twenty (20) school days following receipt by the Superintendent of the written grievance at Level Two the grievance shall not have been disposed of to the employee's satisfaction, the aggrieved employee or the Association may within five (5) school days thereafter submit the grievance in writing to the Committee.

(2)        Within ten (10) school days after the receipt of the written grievance, the Committee shall meet with the aggrieved employee and a representative or representatives of the Association to hear the grievance.

(3)        The Committee shall within ten (10) school days after the conclusion of said meeting advise the aggrieved employee and the Association in writing of its decision with respect to the grievance.

e.    Level Four

If the Association is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within ten (10) school days after said meeting with the Committee, the Association may, by giving written notice to the Committee within ten (10) school days after the date of the Committee's decision at Level Three or within twenty (20) school days after said meeting with the Committee if no decision has been rendered, present the grievance for arbitration. In such case, the following procedure will be followed:

(1)           The Association shall forthwith submit the grievance to the American Arbitration Association. Such grievance may also be submitted to the Board of Conciliation and Arbitration for mediation and, if mutually agreed, for arbitration. The grievance will be disposed of in accordance with the applicable rules of said Association or Board, as the case may be.

(2)           The arbitrator selected shall hold hearings promptly and, unless the time shall be extended by mutual agreement, shall issue his/her decision not later than thirty (30) days from the date of the close of the healings or, if oral hearings have been waived, from the date established for the final submission of evidence and briefs.

(3)           The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusion. The authority of the arbitrator shall be limited to the terms and provisions of this Agreement and to the issue or issues submitted. The arbitrator shall only have the power to interpret what the parties to this Agreement intended by the specific clause or clauses in the Agreement which are at issue. The arbitrator shall be bound by the provisions of this Agreement, and he/she shall not have any authority to establish salaries or other compensation, nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement.

(4)           The decision of the arbitrator shall be final and binding upon the Committee, the Association and the aggrieved employee.

(5)           The fee and expenses of the arbitrator and the expenses directly related to the arbitration hearing shall be shared equally by the Committee and the Association.

Section 5. If, in the judgment of the Association a grievance affects a group or class of employees, the aggrieved employee or the Association may submit such grievance in writing directly to the Superintendent and the processing of such grievance will begin at Level Two as set forth above. Such grievance shall be presented at Level Two within twenty (20) school days next following the occurrence of the grievance or the date of first knowledge of its occurrence by any employee affected by it. The Association may process such a grievance through all levels of the grievance procedure even though the aggrieved employee does not wish to do so.

Section 6. Any grievance which is not initially presented or which is not thereafter submitted to the next level of the grievance procedure within the time limits specified above shall be deemed to have been waived.

Section 7. The time limits hereinabove specified for the bringing and processing of a grievance may be extended by mutual agreement of the Superintendent and the Association.

Section 8. No written communication, other document, or record relating to any grievance shall be filed in the personnel file of any employee involved in presenting such grievance.

ARTICLE V

SALARIES

Section 1. The compensation of each employee for his/her work year, as herein defined, shall be determined by the Superintendent in accordance with the provisions of this Agreement and the salary schedules and the schedule of supplementary compensation set forth in Appendix A and in Appendix B which are attached hereto and made a part hereof.

Section 2. Effective 9/1/11, nurses will be eligible to be placed on the "Teachers" salary schedule up to a maximum of Step 9 and are eligible to be placed upon the Masters +15 lane, hereafter referred to as the Base Salary Schedule.

Section 3. Effective 9/1/09, nurses will be placed on the lowest step of the teachers' scale that gives them at least a 3% increase over their current salary. Nurses who are currently on the top step of the Bachelor's and Master's columns will be placed on Step 4 of the teachers' scale in the appropriate column.

Section 4. An employee appointed without any teaching experience or without any equivalent experience in employment in a field related to his/her teaching assignment shall be paid at the minimum step of the salary schedule, except as follows:

a.             An employee, who has completed a minimum of twelve (12) months and not more than eighteen (18) months of active service in the armed forces of the United States, the Peace Corps, Vista or the Job Corps shall be credited with one (1) year of teaching experience.

b.             An employee, who has completed more than eighteen (18) months of the type of service described in paragraph a. above, shall be credited with two (2) years of teaching experience.

Section 5.

a.             A teacher appointed with prior public school teaching experience and/or prior private school teaching experience and/or with equivalent employment experience in a field related to his/her teaching assignment shall be credited with all years of such teaching experience and with the number of years of said equivalent experience as indicated in this Section.

b.             Teachers appointed with six (6) years or less of prior public school teaching experience shall be credited with all years of such teaching experience. Teachers appointed with more than six (6) years of prior public school teaching experience shall be credited with at least six (6) years of such teaching experience.

c.             A teacher appointed with prior private school teaching experience will receive at least the following credit on the salary schedule:

0 - 2 years experience            ~                 at least Step 1

3-5 years experience              -                  at least Step 2

6 -(8 years experience            -                  at least Step 3

9-12 yrs. experience               -                  at least Step 4

More than 12 yrs. exp.      -                      at least Step 4

d.             A teacher appointed with equivalent employment experience in a field related to his/her teaching assignment shall be credited with the number of years of said equivalent employment experience as the Superintendent shall determine.

e.             Teachers shall be placed at the proper step on the salary schedule as indicated in this Article, provided, however, that the Superintendent shall have the discretion to place any teacher on a higher step but not on a lower step than indicated in paragraphs b and c of this Section.

Section 6.   Each employee as of the beginning of each school year in September shall receive step increments successively to the next higher rate within his/her salary schedule, subject to the following conditions:

a.             That he/she has worked at least ninety-one (91) days during the preceding school year in the Foxborough school system. All days in which an employee is in a pay status shall be considered as days worked.

b.             That his/her work performance during the preceding school year shall have been satisfactory. An employee whose performance is considered unsatisfactory will be so notified, in writing, no later than February 15 of said school year. If said employee does not subsequently improve his/her performance to a satisfactory level, he/she shall be notified, in writing, no later than June 1 of said school year that his/her step increment will be withheld.

c.             That he/she shall acquire during each five (5) year period of his/her employment six (6) semester hour credits by attendance at courses approved in advance by the Superintendent.

Section 7. Each employee who completes the required education set forth below for placement on one of the salary schedules established for employees with education beyond the Bachelor's Degree and who gives the Superintendent written notice no later than 3:00 PM on January  15th of such completion (or anticipated completion by September 1st) shall, as of the beginning of his/her work year, be placed on the corresponding step of the salary schedule for which he/she has become eligible.   Lateral movement on the salary schedule required by additional courses or degrees will only be implemented at the beginning of each school year.

a.            An employee, to be placed on the Bachelor's plus 15 salary schedule must have earned a total of fifteen (15) credits after the attainment of his/her Bachelor's degree.

b.            An employee, to be placed on the Bachelor's plus 36 salary schedule must have earned a total of thirty-six (36) credits after the attainment of his/her Bachelor's degree. Three (3) of these credits may be obtained by satisfactory completion of a Foxborough public school research project approved by the Superintendent.

c.             An employee, to be placed on the Master's degree salary schedule must present evidence that he/she has acquired a Master's degree from an accredited college or university.

d.            An employee, to be placed on the Master's plus 15 salary schedule must have earned a total of fifteen (15) credits after the attainment of his/her Master's degree.

e.             An employee, to be placed on the Master's plus 30 salary schedule must have earned a total of thirty (30) credits after the attainment of his/her Master's degree.

f.             An employee, to be placed on the Master's plus 45 salary schedule must have earned a total of forty-five (45) credits after the attainment of his/her Masters degree.

g.             An employee, to be placed on the Master's plus 60 salary schedule must have earned a total of sixty (60) credits after the attainment of his/her Master's degree. The additional fifteen (15) credits required for movement from the Master's plus 45 salary schedule to the Master's plus 60 salary schedule must have been earned by the employee within the five (5) year period immediately prior to his/her giving the written notice required by Section 5 above. At least six (6) of the additional fifteen (15) credits shall be university or college credits. The remaining nine (9) credits may be in-service credits.

h.           An employee, to be placed on the Doctorate salary schedule must present evidence that he/she has acquired a Doctorate degree from an accredited college or university.

i.             The credits referred to in paragraphs a, b, d, e, and f above, may be graduate credits, undergraduate credits, or in-service credits. An employee shall not receive credit for any such credits he/she earns unless the courses which he/she takes to  acquire such  credits  are approved in  advance by the Superintendent. The degrees referred to in paragraphs c and h above must have been obtained in the field of education or in a field directly related to the employee's assignment in order to permit the employee's placement on the Master's Degree Salary Schedule or on the Doctorate Salary Schedule, as the case may be. No employee shall have his/her current placement on the Teacher's Salary Schedule changed by virtue of this Agreement.

j.              Notwithstanding the provisions of paragraphs d, e and f above, an employee who earns a Master's degree shall be given credit for placement on a salary schedule established for education beyond the Master's degree for one-half (1/2) of the credits earned during the five (5) year period immediately preceding his/her attainment of the Master's degree and which were not applied to the attainment of the Master's degree.

Section 8.   An employee who has served twelve (12) consecutive years will be deemed to have earned longevity pay.  Longevity will be paid in a lump sum in the first paycheck in December on the following schedule:

 

2011-12

9/1/2012

2012-13

Twelve (12) - Fourteen (14) years -

$300

$100

$500

Fifteen (15) - Nineteen (19) years -

$900

$100

$1,100

Twenty (20) - Twenty-four (24) years -

$1,450

$100

$1,650

Twenty-five (25) Plus years -

$2,000

$100

$2,200

Section 9. An employee assigned to perform the duties of a position or positions described in the schedule of supplementary compensation set forth in said Appendix A and Appendix B shall be paid the compensation provided for such position or positions in such schedules in addition to his/her regular teacher's salary. Assignments of employees to any such position or positions shall be on a voluntary basis, shall be for one school year only, and shall not be construed as creating any kind of tenure in such positions. Assignments of employees to any position or positions described on the schedule set forth in Appendix A shall be automatically terminated on the last day of each school year. An employee assigned to a position on the schedule set forth in Appendix B and who is not to be reassigned to such position will be notified no later than April 15th. An employee who is not to be reappointed or reassigned to a position listed in Appendix A or Appendix B, as the case may be, shall be entitled, if he/she so requests, to a conference with the building Principal and with the Superintendent or his/her designee. Notwithstanding the foregoing provisions of this Section, the Committee reserves the exclusive right to determine which of the positions listed on said schedules shall be filled.

Section 10. The compensation of all employees, with the exception of employees who leave the employ of the Committee and employees whose requests for payment in full of the compensation due them at the end of the work year have been made in the manner herein provided for, will be paid in twenty-six (26) equal bi-weekly payments beginning on the second Thursday after Labor Day. In the case of a holiday coinciding with the payday, the Committee will attempt to make payment on the Wednesday prior to the holiday. An employee who leaves the employ of the Committee shall receive the balance of the compensation due him/her for his/her work year in his/her salary check covering the period in which the date of the termination of his/her employment shall occur. An employee, who plans to remain in the employ of the Committee for the ensuing work year but who desires to receive the balance of the compensation due him/her for the current work year in his/her salary check covering the period in which his/her work year ends, shall receive such payment provided he/she submits his/her request therefore to the Superintendent in writing no later than April 1st. All payments shall be subject to the deductions required by law or which the employee may authorize in writing.

Section 11. An employee who leaves the employ of the Committee prior to the end of the work year shall receive as his/her total compensation for such year an amount equal to his/her daily rate of compensation multiplied by the number of days he/she has been in a pay status in such year. His/her said daily rate of compensation shall be equal to his/her annual rate of compensation divided by the number of work days in the work year.

ARTICLE VI

WORK YEAR (AM) WORK DAY

Section 1. The work year of all employees, except Guidance Counselors in the high school and the middle school, shall consist of one hundred eighty-five (185) work days, which will comprise the one hundred eighty (180) days that students are required to be in attendance at school, and five (5) days to be used for orientation and professional development. Nurses will use five (5) days as follows: two (2) days before school starts, and three (3) floating days to be decided by the principal of each school and the Superintendent which shall be worked on days students are not in attendance at the schools. A work day is defined as a day when the attendance of all employees is required. Students shall not be in attendance at school on orientation/professional development days. The last day of school for students in June will also be the last work day for teachers. In addition to said one hundred eighty-five (185) work days, new teachers in the Foxborough school system shall attend two (2) additional orientation days during the week prior to the beginning of the school year. Such additional orientation days shall not be included in said work year. The Superintendent shall provide the Association the proposed calendar for the upcoming year, and the Association will have two weeks from the date of receiving the proposal to provide a written response of its recommendations for the school calendar.

Section 2. In addition to the number of work days provided for in Section 1 above, Department Heads and Guidance Counselors in the high school and in the middle school will be required, to work an additional number of work days not to exceed ten (10) in number during the summer months. Guidance Counselors will be notified in writing by May first of the days to be worked and they shall be compensated for each additional day worked at their daily rate of compensation, determined by dividing their annual rate of compensation, exclusive of any compensation they receive under the schedule of supplementary compensation set forth in Appendix A and B attached hereto, by the number of work days in the work year established in said Section 1. Department Heads and will be notified before the end of school in June if they are to work additional days, and they shall be compensated for each additional day worked at their daily rate of compensation, determined by dividing their annual rate of compensation, exclusive of any compensation they receive under the schedule of supplementary compensation set forth in Appendix A and B attached hereto, by the number of work days in the work year established in said Section 1.

Section 3. The regular work day of employees in the high school shall not exceed six (6) hours and fifty-five (55) minutes, the regular work day of employees in the middle school shall not exceed six (6) hours and forty (40) minutes, and the regular work day in the elementary schools shall not exceed six (6) hours and twenty-five (25) minutes. The hours in each of said work days shall be consecutive. Under normal circumstances, the starting and ending times of the regular work day shall not be changed during the work year.

Section 4. The building principal or his/her designee may hold a reasonable number of meetings requiring the attendance of employees both before and after the regular work day.

Section 5.

a.    Whenever possible, TEAM (766) evaluations will take place outside the regular day for classroom teachers and special education teachers with full teaching loads. For the first six (6) TEAM (766) evaluations of each year in which said teachers participate outside of the regular day, they will be paid at the regular workshop rate. For any additional TEAM (766) evaluation meetings outside of the regular work day, those teachers will be paid at the TEAM (766) evaluation rate. (See Appendix A 2: Teachers - Hourly).

b.    The following are additional items of agreement and understanding between the parties with respect to TEAM (766) evaluation meetings:

(1)     Most meetings require one hour or less. Special education teachers and psychologists are being taught facilitation skills to help them conduct more effective meetings.

(2)     A labor management committee will be set up to monitor the progress being made toward more effective meetings.

(3)     TEAM (766) evaluation meetings are to be scheduled at mutually convenient times.

(4)     A waiting period of fifteen (15) minutes for a parent who is late for a TEAM (766) evaluation meeting is considered appropriate. No compensation will be paid to teachers for these fifteen (15) minutes.

Section 6. All employees will have a duty-free lunch period of not less than the time allotted for lunch to students in their building.

Section 7.

a.    Elementary and special subject teachers will have, in addition to their lunch period, the same number of preparation periods equivalent to the number of days in the elementary cycle of thirty-five (35) minutes in duration and no cafeteria duty. Such preparation periods will be scheduled so that a teacher will not have more than two (2) preparation periods in any one (1) regular work day, and every attempt will be made to schedule the preparation periods so that a teacher will not have more than one (1) preparation period in any one (1) regular work day. Preparation time is for the purpose of preparing for classroom instruction. No meetings will be scheduled during teachers' preparation periods. Reasonable attempts will be made to provide a substitute teacher for an absent special subject teacher.

b.    The Superintendent and the Committee have no desire to reduce the current levels of preparation time (e.g., one (1) per day of at least thirty-five (35) minutes) for elementary and special subject teachers. In the event of the need for fiscal restraint or if programmatic restructuring impacts the daily schedule at the elementary level,' then these levels may be reduced. In no event will the levels of preparation time be reduced below the contractual minimums indicated in Section 7 A above.

Section 8. In addition to their lunch period, middle school and high school teachers shall have a minimum of one (1) preparation period during each regular work day. Subsequent modifications in the schedule which impact teacher working conditions will be collaboratively bargained prior to implementation. Preparation time is for the purpose of preparing for classroom instruction. No meetings will be scheduled during teachers' preparation periods.

Section 9. Except when proper notice of an absence requiring a substitute teacher is received on short notice or in such a manner that the principal, or his/her designated representative,  is  in  any way hampered from  obtaining an available and  acceptable replacement for the absent teacher, no teacher will be required to substitute during a regularly scheduled preparation period or to cover two (2) classes during a regularly scheduled teaching period. Emergency absences of teachers arising after commencement of the work day may be excluded from this provision.

Section 10. Under ordinary circumstances, employees agree to provide the Superintendent with a notice of intent to resign from the employ of the Committee thirty (30) days prior to the effective date of leaving.

ARTICLE VII

PERSONAL LEAVE

Section 1. Each employee shall be entitled, subject to the limitations and provisions hereinafter set forth, to three (3) personal leave days per year, without loss of pay. Personal leave days are provided for the purpose of attending to matters that cannot be reasonably attended to outside of the normal work days. Unused personal leave days shall be rolled into accumulated sick days at the end of the school year.

Section 2. Requests for absence for personal leave days shall be submitted in writing to the Superintendent through the school principal. Personal days may be taken without stating the reason and are not subject to the discretion of the Superintendent. Whenever possible, the employee shall give reasonable advance notice of his/her intended absence to his/her supervisor.

Section 3. In no event may personal leave days be used to intentionally lengthen a holiday or vacation. Personal days may not be taken prior to or after any school holiday or school vacation. In emergent circumstances, the Superintendent may make adjustments based solely on the judgment and discretion of the Superintendent. The decision of the Superintendent shall be final and binding and not subject to appeal.

Section 4. Personal leave for two (2) or more consecutive days shall be granted at the discretion of the Superintendent.

ARTICLE VIII

GROUP HEALTH AND LIFE INSURANCE

The group health insurance and the group life insurance provided by the Town of Foxborough for its employees shall be available to employees who advise the Superintendent in writing that they desire to participate in such insurance programs.

The Foxborough School Committee agrees to continue in force and effect the group health insurance coverage (or equivalent) implemented on September 1, 2010. Effective at any time after June 30, 2011, without the need for further bargaining, the co-pay for an office visit will increase from $5 (five dollars) to $15 (fifteen dollars). Provided the employee submits documentation that complies with the Town reimbursement program, the Town will reimburse employees for the $10 (ten dollar) increase in accordance with the following schedule:

Family Plan Subscriber: In any plan year, for office visits that exceed four times the number of family members covered by the plan;

Individual Plan Subscriber: In any plan year, for any office visit after the fourth office visit;

Emergency Room visit - change to $100;

RX (Prescription drugs) - change to $10/20/35 Retail and $10/20/35 Mail Order

The Committee agrees to a pre-tax dental plan that satisfies the following 5 conditions: (1) Participation in the Plan is strictly voluntary; (2) All costs, including the cost of administering the Plan, shall be borne by the employees; (3) Only one (1) dental plan/carrier shall be used; (4) The Plan shall not be selected or endorsed by the Committee; and (5) The Association shall indemnify the Committee from any and all costs and/or liability associated with making this Plan available to teachers.

ARTICLE IX

SABBATICAL LEAVE

Section 1. An employee, who has completed five (5) consecutive full school years of employment by the Committee as a professional employee, shall be eligible for a sabbatical leave for a period not to exceed one (1) year for the purpose of engaging in study or research, which may include travel. Not more than three (3) employees shall be granted sabbatical leave at any one time.

Section 2. An applicant for sabbatical leave shall, on or before January 1st immediately preceding the school year for which the sabbatical leave is desired, submit to the Superintendent a written application for such leave in such form as is required by the Superintendent. The Committee shall determine the amount of funds to be expended for sabbatical leaves. The Superintendent shall decide, subject to the budgetary limitations established by the Committee, which applicant or applicants, if any, shall be granted sabbatical leave and shall notify each applicant of his/her decision no later than June 1st of the same year. The decisions of the Superintendent made under this Section shall not be subject to the Grievance Procedure set forth in Article IV of this Agreement.

Section 3. An employee on sabbatical leave shall be paid the percent, as set forth below for the number of years of employment he/she has completed, of the salary which he/she would have received if he/she had remained on active duty with the Committee exclusive of any supplementary compensation which he/she may have been receiving in addition to his/her regular teacher's salary under the provisions of Article V, Section 6 of this agreement; provided, however, that in the event any such employee receives a grant or a fellowship, the compensation to be paid by the Committee when added to the amount of the grant or the fellowship shall not exceed the employee's said regular teacher's salary.

Years of Employment                                                      Percent

Five (5) years                                                                      50%

Six (6) years                                                                           60%

Seven (7) years                                                                      70%

Eight (8) years                                                                        80%

Nine (9) years                                                                     100%

Section 4, During the time an employee is on a sabbatical leave, he/she shall continue to receive the same group health insurance and group life insurance benefits he/she was receiving prior to going on said leave. The employee shall not be entitled during his/her sabbatical leave to any other benefits provided for under this Agreement, including reimbursement by the Committee for the cost of tuition and fees for any courses taken by him/her.

Section 5. Prior to the granting of the sabbatical leave, the employee shall enter into a written agreement with the Committee that, upon termination of such leave, he/she will return to service in the Foxborough school system for a period equal to twice the length of the sabbatical leave and that, in default of completing such service, he/she will refund to the Town of Foxborough an amount equal to such proportion of salary received by him/her while on said leave as the amount of service agreed to be rendered.

Section 6. Upon the completion of his/her sabbatical leave, the employee shall submit a report to the Superintendent of the study or research program he/she completed.

Section 7. Upon his/her return from sabbatical leave, the employee will be placed on the salary schedule at the step which he/she would have achieved had he/she remained actively employed in the Foxborough school system, will have restored to him/her all benefits to which he/she was entitled at the time the leave commenced, including any unused accumulated sick leave, and will be assigned to the same teaching position which he/she held at the time the leave commenced, if such position is available, or, if not available, to a substantially equivalent teaching position. The determination as to what constitutes a substantially equivalent position shall be made by the Superintendent. An employee, who at the time said leave commenced was assigned to perform the duties of a position described in the schedule of supplementary compensation set forth in Appendix A and Appendix B, shall have no right to return to such position upon his/her return from leave.

ARTICLE X

REIMBURSEMENT FOR COURSES

Section 1. The Committee shall reimburse an employee for sixty percent (60%) of the cost of tuition and fees for courses approved in advance by the Superintendent which were directly related to the employee's area of teaching or work in the Foxborough school system. Such reimbursement shall be limited to one (1) course each semester and to a total of three (3) courses for each year of the Agreement. The three (3) courses may be taken during the summer months. It is understood and agreed that henceforth stricter standards and criteria than those used in the past shall be applied by the Superintendent in approving courses for reimbursement and that past practice in the approval of such courses shall not be used by any employee as the basis for a grievance hereunder. Reimbursement and credit toward lane change shall be contingent upon the employee's obtaining a satisfactory grade in any such course according to the standards of the institution and submitting evidence of such satisfactory completion to the Superintendent. A satisfactory grade is defined as a B-or better. Notwithstanding the foregoing provision of this section. the maximum amounts to be expended by the Committee hereunder for the reimbursement of courses shall not exceed $45,000 effective September 1, 2011 and $48,000 effective September 1, 2012, which will be divided into approximately equal amounts for each of the three (3) semesters based on courses' ending dates: July 1 through August 31 would be summer; September 1 through December 31 would be Fall; and January 1 through June 30 would be Spring. Any unspent summer funds would be carried into fall and any unspent fall funds would be carried into spring. Members will be reimbursed on a first come/first served basis per semester. A joint labor management committee shall be established to evaluate the procedure for reimbursement and credit acceptance, including online courses,  during the 2011-2012 school year.

ARTICLE XI

SICK LEAVE

Section 1, All employees shall be entitled to fifteen (15) days of sick leave for each work year.   Sick leave will be cumulative up to a maximum of two hundred (200) days. Sick leave may be used only when the employee:

a.            Is incapacitated for the performance of his/her duties because of illness or injury.

b.            Is required to give bedside or household attention to anyone in the immediate family (immediate family is defined to mean father, mother, father-in-law, mother-in-law, spouse, partner, child, and near relatives residing in the household of the employee) who is seriously ill. The sick leave which is granted for such purpose shall not exceed a maximum of five (5) days in any one work year.

A doctor's certificate in support of requests for sick leave may be required at the discretion of the Superintendent. A notice of the balance of unused sick days will be issued to each employee no later than September 15 of each work year.

Section 2. An employee, who has exhausted his/her sick leave, may. in the discretion of the Superintendent, be granted an extension of sick leave up to a maximum of sixty (60) days in any one work year when in the opinion of the Superintendent such extension is in the best interests of the education system. Such additional sick leave granted to an employee shall not be charged against any sick leave days the employee may become entitled to receive in the future.

Section 3. An employee who retires under the Massachusetts Teachers' Retirement Board after completion of twenty (20) years of continuous employment with the Committee shall receive at the time of his/her retirement a lump-sum payment determined by multiplying one half (1/2) of the number of accumulated sick leave days to his/her credit at the time of his/her retirement by seventy ($70.00) dollars. The number of accumulated sick leave days to be multiplied by seventy ($70.00) dollars per day shall not exceed one hundred (100) in number.

Section 4. In the event an employee with professional teacher status dies while in the employ of the Committee, there shall be paid to his/her designated beneficiary or to his/her estate, as the case may be, a lump-sum payment determined by multiplying one half (1/2) the number of such employee's accumulated sick leave days at the time of his/her death by seventy dollars ($70.00). The number of accumulated sick leave days to be multiplied by seventy dollars ($70.00) shall not exceed one hundred (100) in number.

Section 5. 403B Transfer of Sick Leave Buy Back. The Committee agrees to implement the use of a 403B plan in accordance with Internal Revenue Service regulations to allow members to make a one-time transfer of sick leave buy back monies at the time of retirement to a 403B plan to reduce tax liability in accordance with Internal Revenue Service Regulations.

ARTICLE XII

SICK LEAVE BANK

Section 1. A sick leave bank shall be established for use by eligible teachers who have exhausted their own sick leave and who have a serious illness. Each teacher will contribute one (1) day of sick leave to the bank. At the end of the 2007-2008 school year, all days left in the sick leave bank will roll over into the next school year 2008-2009. Whenever the accumulated roll-over days fall below one hundred (100) days, then all teachers will contribute one (1) day of sick leave to the bank. Teachers will be notified in writing when this occurs.

Section 2. The sick leave bank shall be administered by a Sick Leave Bank Committee (SLBC) composed of three (3) members appointed by the Association and two (2) members appointed by Committee.

Section 3. The Sick Leave Bank Committee will decide by a majority vote on an allotment of days from the sick leave bank using guidelines set forth below:

a.            All members of the bargaining unit are eligible to apply for days from the bank.

b.            An official application form, to be approved by both the Committee and. the Association, must be completed. The application form shall include space for certification by a medical doctor.

c.             The doctor may be the personal-physician of the applicant. Additional medical information may be required by the Sick Leave Bank Committee.

d.            The applicant must have exhausted his/her personal sick leave before the effective date of additional sick days from the bank.

e.             Applicants can be denied by the Sick Leave Bank Committee if, in its opinion, any of the following apply:

(1)                Previous documented abuse of sick leave.

(2)                Insufficient medical evidence of need.

(3)                Disability does not warrant absences from employment.

(4)                Prior use of sick leave bank (applicable only when applicant shows repeated use of sick leave bank).

f              A maximum of twenty (20) days per applicant may be distributed at any one time.   If additional days are needed, a reapplication is required including medical evidence of continued need.

g.             A maximum of forty (40) days may be allotted to any one person in any one school year, except as described in Section 4 of this Article.

h.             The decisions of the Sick Leave Bank Committee are final and not subject to the grievance procedure, provided all of the above provisions are met.

Section 4. Teachers who have received a maximum of forty (40) days from the sick leave bank in any one school year may be granted additional days in that year by the SLBC. The Sick Leave Bank Committee will consider the following factors in making a decision as to the allocation of the additional days:

a.            the seriousness of the illness; and

b.            the teacher's prior use of the sick leave bank.

ARTICLE XIII

LEAVE OF ABSENCE

Section 1.   Up to three (3) employees designated by the Association may, upon written request to the Superintendent, be granted a leave of absence for up to two (2) years without pay for the purpose of engaging in Association (local, state, or national) activities. The conditions for such leave include the following:

a.             Such leave shall not commence or terminate during any school year.

b.             Such leave shall not be credited as experience on the salary schedule.

c.             All other benefits to which an employee on such leave was entitled shall be restored upon return to the system.

Section 2. The Superintendent may grant leaves of absence with pay to officers of the Association or their designated representatives from time to time to attend to Association business. The number of persons on leave and the duration of the leave shall be determined by the Superintendent. The Association shall reimburse the cost of the substitute teacher to the Committee for leaves taken for Association business.

Section 3. Upon the written request of an employee, the Superintendent shall grant leaves of absence with pay to observe all obligatory religious holy days which forbid the employee from working. Such leave shall be limited to three (3) days per year and shall not be cumulative.

Section 4. Employees may be granted, at the discretion of the Superintendent, without loss of pay, leaves of absence for periods not in excess of three (3) days in the event of death in their immediate families. Immediate family shall include parent, mother-in-law, father-in-law, spouse, partner, child, step-child, grandparent, sister, brother, sister-in-law, brother-in-law and any other relative who is a member of the employee's immediate household.

Section 5. An employee who has completed ten (10) years of continuous employment with the Committee may be granted at the discretion of the Superintendent a leave of absence without pay for a period of one (1) year to engage in alternative career exploration. Requests for such leave shall be submitted in writing to the Superintendent with the reasons therefor.   Such leave shall not be credited as experience on the salary schedule.   All other benefits to which an employee on such leave was entitled shall he restored to him/her upon his/her return.

Section 6. Employees will be excused by the Superintendent, without loss of pay, for any appearance in any legal proceeding arising out of or connected with the employee's employment.

Section 7. Employees required to perform jury duty shall receive leave with pay for the duration of such duty. The employee will be paid his/her regular compensation without interruption. The employee must present evidence of the amount of compensation he/she received for jury duty and turn over such compensation, exclusive of the amount received for travel, to the Town.

Section 8. Other leaves of absence without pay may be granted at the discretion of the Superintendent, subject to conditions set forth at the time the leave is granted. An employee, who is granted a leave of absence without pay, including a leave of absence for maternity purposes, must return to a duty status before he/she becomes eligible for an additional leave of absence without pay for a different purpose.

Section 9. An employee, who plans to return to duty at the expiration of a leave of absence without pay granted hereunder, shall so notify the Superintendent in writing by April 1st preceding the school year in which the employee is to return to duty. If the employee fails to give such notice to the Superintendent or does give such notice and fails to return to duty, he/she shall be deemed to have resigned, and the obligation of the Committee to provide a position for him/her shall cease.

ARTICLE XIV

MATERNITY LEAVE AND CHILDCARE LEAVE

A. Maternity Leave

Section 1. A leave of absence shall be granted for maternity purposes to female employees who have been employed by the Committee for at least ninety (90) calendar days in one (1) work year, on the terms and conditions set forth in this Article.

Section 2. The employee shall make written request for maternity leave to the Superintendent through her appropriate supervisor on such form as the Superintendent may require. Such request shall provide as much notice as possible (preferably at least two (2) months) but no less than two (2) weeks notice. The notice shall indicate the date on which the employee desires her maternity leave to commence and shall he accompanied by a written statement from her physician which provides his/her estimate of the delivery date and Ms/her evaluation of the employee's physical ability to continue to perform the full duties and responsibilities of her position.

Section 3. The employee may elect to use her accumulated sick leave during the period of her maternity leave when she is physically disabled for the performance of her duties for reasons related to her pregnancy. The employee shall make written request to the Superintendent for approval of the use of her sick leave. Such request shall be accompanied by a written statement from her physician attesting to the nature and extent of her physical disability. The Superintendent may request additional information from the employee's physician and shall approve the use of sick leave if the employee is physically disabled for the performance of her duties for reasons related to her pregnancy.

Section 4. During the period of her maternity leave the employee shall be responsible for making payment of the deductions authorized under this Agreement. The Committee shall continue to pay during such leave its share of the group health insurance and the group life insurance provided under the terms of this Agreement. The Committee shall not be liable for any other payments during the period of such leave. There will be a presumption that the employee is disabled for a period of eight (8) calendar weeks from the beginning of her maternity leave. The employee may elect to return to duty at the expiration of the eight (8) calendar weeks.

Section 5. All benefits to which the employee was entitled at the time her maternity leave commenced, including any unused accumulated sick leave shall, except as is otherwise provided herein, be restored to her upon her return, and she shall be assigned to the same teaching position which she held at the time such leave commenced, if such position is available, or, if it is not available, to a substantially equivalent teaching position. An employee, who at the time said leave commenced was assigned to perform the duties of a position described in the schedule of supplementary compensation set forth in Appendix A and Appendix B, shall have no right to return to such position upon her return from leave. The determination as to what constitutes a substantially equivalent position shall be made by the Superintendent in each case. Upon her return to duty the employee shall not advance in increment unless she shall have worked at least ninety-one (91) days in the school year in which her leave commenced. No more than one (1) step increase shall be granted during any period of maternity leave. The Committee shall not be required to restore an employee on maternity leave to her previous or a similar position if other employees of equal length of service, credit and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of her maternity leave.

Section 6. Professional teacher status shall not be lost as a result of the granting of maternity leave. For the purpose of computing any time period required for the granting of such status, the period of the maternity leave shall not be included in said computation. Actual teaching service, however, gained in the Foxborough school system prior to the taking of said maternity leave shall be considered as creditable service in determining professional teacher status.

B. Childcare Leave

A leave of absence for childcare after the birth of the child shall be granted in accordance with the two (2) alternative plans set forth below. The employee shall elect one (1) of such plans and shall inform the Superintendent of her election at the time the maternity leave begins. The following are the two (2) plans:

a.     The employee may elect to return to duty at the beginning of the school year next following the commencement of the maternity leave.

b.     If the leave is to begin after February 1, the employee may elect to return to duty at the beginning of the second school year following the commencement of the maternity leave. The employee who makes this election may, in the case of infant or fetal death, return to duty at the beginning of the school year next following the commencement of the leave.

The employee, who elects plan a or b above, must notify the Superintendent in writing at least ninety (90) days prior to the expiration of her leave of her desire to return to duty. If the employee fails to notify the Superintendent in writing within ninety (90) days prior to the expiration of her leave of her desire to return to duty or does furnish such written notice and fails to return to duty at the expiration of her leave, the employee shall be deemed to have resigned, and the obligation of the Committee to provide a position for her shall cease.

ARTICLE XV

VACANCIES AND ASSIGNMENTS

Section 1.

a.    Whenever any professional, educational, or administrative position is newly created or becomes vacant in the daily education, extra-curricular, athletic, extra-education, adult education or summer school programs, a written notice thereof shall be posted in the teachers' lounge in each school building. An electronic copy will be sent to the President and Vice President of the Association within seven (7) calendar days after the Superintendent has declared the vacancy or approved the new position. During July and August, such notice shall be posted only on the official website of the Foxborough Public Schools.

b.    All positions set forth in Appendix A, except positions of coaches, shall be posted by April 1st of each year. The fall coaching positions shall be posted by December 1st of each year. The winter coaching positions shall be posted by March 1st of each year and the spring coaching positions shall be posted by September 1st of each year.

c.     The said notice shall indicate, at a minimum, the preferred qualifications for the position, its duties and the rate of compensation. The qualifications set forth in the notice will not be changed prior to an appointment unless the applicants and the Association have been notified in advance of such changes.

Section 2.

a. All applicants should submit their applications in writing to the Superintendent or her/his designee within the deadline specified in the notice. The closing date for applications shall be no earlier than seven (7) calendar days after the date on which said notice was posted.

b.     The Superintendent and the Principal shall give due weight to the professional background of all applicants, their present employment in the Foxborough school system, and other relevant factors in filling such new positions or vacancies. In filling vacancies at the classroom level, preference will be given to employees who have applied for such vacancy.

c.     Each applicant from within the system that was not selected shall be notified of that fact as soon as possible. If written notice is not provided at that time, then it shall be provided within sixty (60) days from the deadline set forth in the notice for the filing of applications.

Section 3.  All vacancies may be filled on a temporary basis immediately and on a permanent basis not earlier than eight (8) calendar days after the position was first posted.

Section 4.

a.    Employees who desire a change in their school, grade and/or subject assignment shall file a written statement with the Superintendent. Such statement shall include the school, grade, and/or subject to which the employee desires to be assigned and the reasons for the change. Such process shall be called "Request for Reassignment." Any request for reassignment made after September 1 of a given school year shall be considered an active application for the remainder of that school year and for the opening day of the following school year. Nothing in this section is intended to change in any way the posting process required by Sections 1 and 2 of this Article.

b.    In selecting an employee for reassignment to a position vacancy at the classroom

level from the list of employees who have expressed a desire to be reassigned, the Superintendent and the Principal will give consideration to the desires of the employee, to his/her area of competence, major and/or minor field of study, quality of performance and length of service in the Foxborough school system, and to the needs of the system.

c.     If no volunteers are available, the Superintendent and the Principal shall make every effort to fill vacant positions at the classroom level by the reassignment of employees who are willing to accept the reassignment.

Section 5. All appointments will be made without regard to age, race, color, sex, religion, national origin, sexual orientation, disability, or marital status, except where such factors are legitimate qualifications for the position in question.

Section 6.    If possible, all employees will be informed in writing by June 1st of changes in their specific work load for the coming school year, including the schools to which they will be assigned and the grades and/or subjects they will teach.  Any necessary changes will be communicated to the employees involved as soon as possible.

Section 7. In the event an employee in the bargaining unit is promoted or assigned to a position outside the bargaining unit and such position is subsequently abolished, said employee shall return to a position in this bargaining unit without any loss of benefits or seniority.

ARTICLE XVI

TEACHER EVALUATION

Section 1. The parties agree that, A Handbook for Evaluation of Teachers in Foxborough, establishes the procedures to be followed and the forms to be used in the evaluation of teachers in Foxborough, beginning with the 2001-2002 school year. The Handbook will be attached to the parties' Agreement as Appendix C.

Section 2. While the total work performance of each employee shall be subject to evaluation by his/her supervisors, all classroom monitoring and observations of any employee will be conducted with his/her full knowledge. Each employee will be allowed to discuss any evaluation report with his/her evaluator and to provide written comments regarding such a report which will be filed with said report.

Section 3. Employees will have the right to review the contents of their personnel file by appointment with the Superintendent or his/her designee and in the company of the Superintendent or his/her designee and to make copies of the material contained therein at reasonable times and at their expense. A representative of the Association may accompany the employee during such review if he/she so elects.

Section 4. An employee will be provided with notice that derogatory material regarding his/her conduct, service, character or personality has been filed in his/her personnel file, The employee will acknowledge that the material was reviewed by him/her by affixing his/her signature to such document.   It is understood that such signature in no way indicates agreement with the contents of said document. The employee may provide a written comment regarding such document which shall be reviewed by the Superintendent and filed with said document.

Section 5. When practical, any complaints regarding the performance of an employee made to any member of the administration or Committee by a parent, student, or other persons shall be promptly called to the attention of the employee. If such complaints are not promptly called to the attention of the employee, they shall be deemed invalid.

Section 6. If an employee is to be disciplined by a member of the administration, he/she will be entitled to have a representative of the Association present, if he/she so elects.

Section 7. No employee will be disciplined, reprimanded, or reduced in rank or compensation without good cause.

Section 8. A joint labor management committee shall be established to review and develop an evaluation instrument for teachers, department heads, guidance counselors, occupational therapists, physical therapists, school psychologists and nurses.

ARTICLE XVII

PERSONAL PROTECTION

Section 1. An employee who is absent from work as the result of a personal injury, which is incurred in the course of his/her employment and which is compensable under the provisions of the Massachusetts Workers' Compensation Act, shall, upon his/her written request to the Superintendent, receive as a charge against his/her accrued sick leave the difference between his/her current salary and the amount he/she receives as workers' compensation.

Section 2. Protective clothing and any other safety equipment deemed necessary by the Superintendent for the proper performance of professional duties will be provided.

Section 3. Employees will report immediately all cases of assault suffered by them in connection with their employment to the Superintendent in writing. The Superintendent will comply with any reasonable request from the employee for information in its possession relating to the incident or the persons involved, and will lend support to the employee in appropriate ways.

ARTICLE XVIII

STUDENT TEACHERS

All employee may accept or reject assignment as a supervising teacher for a student teacher.

ARTICLE XIX

PAYROLL DEDUCTIONS

Section 1. The Superintendent will, at the written request of an employee, made on a form approved by the Superintendent, make deductions from his/her compensation for group life insurance, group health insurance, health care organizations, group income protection insurance, tax sheltered annuities, the Century Bank and Trust, and the Mansfield Credit Union.

Section 2. The Superintendent will, at the written request of an employee, made on a form approved by the Superintendent, make deductions in the manner provided for herein from his/her compensation for his/her regular, current and annual dues as a member of the Foxborough Education Association, the Massachusetts Teachers' Association, and the National Education Association. The total of said deductions shall equal the regular annual dues of said Associations, and said deductions shall be made in sixteen (16) equal amounts beginning with the first pay day in November.

Section 3. Any such authorization made by an employee in accordance with Section 2 above may be withdrawn by such employee by giving at least sixty (60) days notice in . writing of such withdrawal to the Superintendent and by filing a copy thereof with the Association for which such dues deduction was being made. Said authorization, if not previously cancelled or revoked, shall be deemed automatically terminated upon the termination of the employment of the employee by whom it was signed.

Section 4.  The specific amount of the current dues of each of said local, state and national associations shall be certified to the Superintendent by the Treasurer of the Association on or before September 15th of each school year.

ARTICLE XX

REDUCTIONS IN STAFF

Section .1. In the event that it becomes necessary for the Superintendent to reduce the number of employees in the bargaining unit because of decreases in pupil enrollment, changes in the curriculum, or for reasons of economy, the procedures set forth in this Article will govern the termination and reemployment of employees who are affected by any such reduction.

Section 2, The Superintendent shall have the sole discretion in determining which position or positions or which type or types of position are to be eliminated.

Section 3. In determining which of its employees are to be terminated to accomplish any such reduction in staff, the Superintendent will evaluate the qualifications and the quality of past performance of such employees in accordance with the criteria set forth in Appendix C attached hereto. Where, in the opinion of the Superintendent, the qualifications and the quality of past performance of employees are substantially equal, employees will be terminated in the order of their seniority as employees of the Committee, those with the least seniority to be terminated first. In the event an employee is selected for reduction in force who is qualified for a position held by an employee with the same or less seniority, such employee will be granted the opportunity to meet with the Superintendent to receive an explanation of the factors which determined his/her selection and to discuss the reasons for his/her proposed termination. The employee may have a representative of the Association attend such meeting.

Section 4. Seniority, as used herein, shall mean an employee's length of service in years, months and days in the employ of the Committee. Employees shall be credited for seniority purposes up to a maximum of one (1) year with time spent on any leave of absence provided for in this Agreement.

Section 5. Employees, whose employment is to be terminated under the provisions of this Article at the end of their work year will be notified in writing of their proposed termination on or before June 15th of the work year.

Section 6. An employee with professional teacher status whose employment has been so terminated will, during a period of two (2) years, except as is otherwise provided herein, from the effective date of his/her termination, be offered reemployment, in the inverse order of his/her termination, to a vacancy which may occur in a position in the same subject matter and at the same level (elementary, middle, high) which the employee was teaching at the time of his/her termination. If two (2) or more such employees, whose employment has been terminated on the same date, are eligible for such reemployment, the Superintendent, in determining which of such employees will be reemployed, will use the same factors and criteria which were used under the provisions of Section 3 above, in selecting the employees for reduction in force. During said, two (2) year period, an employee will be notified by certified mail, addressed to his/her last address of record, of the Superintendent's intent to reemploy him/her. The employee must notify the Superintendent in writing of his/her acceptance of the offer of reemployment within fifteen (15) days from the date of his/her receipt of said certified mail. The employee's failure to so notify the Superintendent of his/her acceptance of any such offer or his/her failure, after accepting any such offer, to report for duty on the date indicated shall terminate his/her reemployment rights, notwithstanding the fact that the two (2) year period of reemployment has not expired.

Section 7. Employees, whose employment is so terminated, will be given preference by the Superintendent in his/her employment of substitute teachers, if they inform him/her in writing of their desire to be so employed.

Section 8. An employee who is reemployed by the Committee within said two (2) year period after his/her termination under the provisions of this Article, shall have restored to him/her the unused sick leave he/she had accumulated at the time of his/her said termination,

Section 9,   The provisions of this Article shall not apply to the termination of an employee for any reason other than the reasons specified in Paragraph 1 hereof.

ARTICLE XXI

WORKSHOPS

Section 1. The Committee and the Association recognize that the curriculum of the Foxborough school system must be subject to constant refinement and evaluation. Accordingly, the Superintendent will conduct from time to time workshops designed to carry out the study, evaluation, and refinement of the curriculum. Employees who participate in such workshops will be paid at the rate of compensation established therefor in Appendix A.

Section 2.   Employees who have reached the maximum step and have fewer than fifteen (15) years of consecutive service will be given priority for workshops.

ARTICLE XXII

CLASS SIZE

Class size is a priority of the Foxborough public schools. A reasonable effort will be made to maintain class sizes of twenty (20) to twenty-five (25) students.

ARTICLE XXIII

PROFESSIONAL DEVELOPMENT

Section 1. The Superintendent shall establish a Professional Development Committee which will include teachers, administrators, and educational assistants. The Committee shall organize itself and assume responsibility for the planning and implementation of in-service education for all teachers. The professional development of teachers is a priority of the Foxborough Public Schools. Professional development opportunities will be provided on the scheduled professional development work days.

Section 2.  The Professional Development Committee shall address itself primarily

to, but shall not be limited to, conducting programs in the areas of system priorities and strategic objectives and current research applicable to the field of education and its implication for current school practices, as well as the expressed needs of the professional staff. The recommendations of the Professional Development Committee are subject to the approval of the Superintendent.

ARTICLE XXIV

TEAM MANAGEMENT

Section 1. The Committee is committed to team, management through the establishment, from time to time, of both standing and ad hoc teams. Each September, the Superintendent and the President of the Association will agree upon the ad hoc teams that will be operating for the ensuing year. The Superintendent will determine the number of members for each of the standing and ad hoc committees and will designate the individual members to serve on such committees. Membership on each standing committee will be rotated so as to insure some turnover in the membership each year.

Section 2.    The following are the standing teams and the ad hoc teams to be established from time to time:

Standing Teams

Building-Based Support Team

Professional Development Team

Ad Hoc Teams

Instructional Review Teams

Materials Adoption Teams

Other Teams as agreed upon between the Superintendent and the President of the Association

Special Project Teams as determined by the Superintendent

Chairmanships

Site-Based - Principal

Building-Based Support - determined by team

Professional Development - determined by team

Ad Hoc Teams - determined by Superintendent

Facilitators

Site-Based - determined by Superintendent and Principal

ARTICLE XXV

GENERAL

Section 1. Three hundred (300) copies of this Agreement will be published by the Association. The expenses for the preparation and printing of the Agreement will be shared equally by the Association and the Committee.

Section 2. The Association will be provided with a copy of minutes of official open committee meetings.

Section 3. The Committee wall be provided with a copy of the Association's current by-laws, its officers, board of directors and list of negotiating committee members.

Section 4. The Association agrees that school time or school facilities will not be used for any Association sponsored function or activity without the approval of the Superintendent or his/her designee.

Section 5. Employees who are required to use their automobile in the performance of their regularly scheduled duties will be reimbursed for mileage incurred at the IRS rate per mile.

Section 6. The President of the FEA will not be assigned any traditional duties.

ARTICLE XXVI

AGENCY FEE

Section 1. All employees, except those certified as members to the Superintendent by the Association, shall pay, on or after the thirtieth day following the beginning of their employment or the effective date of this Article, whichever is later, an agency service fee to the Association commensurate with the cost of collective bargaining and contract administration as determined by the Association. The amount of such agency fee shall be certified annually to the Superintendent by the Association.

Section 2. The payment of the agency fee shall be a condition of employment. The parties expressly agree that the Committee shall have no responsibility to enforce or require the payment of an agency fee. The Association shall, however, have standing to pursue any and all remedies it may have at law to collect such fee.

Section 3. The agency service fee shall not be due and payable during leave of absences without pay of more than one (1) month in duration.

Section 4. The Association shall indemnify and hold the Committee harmless from any claims, damages or liability whatsoever arising out of or with respect to the collection or attempted collection by the Association under the terms and provisions of this Article of an agency fee from an employee.

ARTICLE XXVII

SCOPE OF AGREEMENT

Section 1. The Committee and the Association agree that during the term of this agreement, all matters and issues pertaining to wages, hours, and conditions of employment of professional employees shall be governed exclusively by and limited to the terms and provisions of this Agreement.

Section 2. No addition to, alteration, modification or waiver of any of the terms or provisions of this Agreement shall be valid, binding, or of any force and effect unless it is made in writing and executed by the Committee and the Association.

Section 3. The failure by the Committee or by the Association in one or more instances to observe or enforce any provisions of this Agreement shall not be construed to be a waiver of said provisions.

Section 4. If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.

ARTICLE XXVIII

DURATION

Section 1. This Agreement shall take effect on September 1, 2011 and shall continue in effect to and including August 31, 2013. It shall thereafter automatically renew itself for successive terms of one (1) year each, unless by the October 1st next prior to the expiration of the contract year involved, either the Committee or the Association shall have given the other written notice of its desire to modify or terminate this Agreement. Notice of desire to modify shall not be considered notice of termination. In the event notice is given of a desire to modify or terminate this Agreement, the Committee and the Association will meet promptly to begin negotiations.

Section 2.    The stipends for Appendix A (clubs, athletics, activities, etc.) and Appendix B (Department Heads) shall be increased by 1.5% effective September 1, 2012.

ARTICLE XXIX

MENTORING

Teachers who serve as mentors, have served at least three (3) years in the Foxborough Public Schools agree, whenever possible, to participate in training every year of their involvement in the program.   Whenever possible, substitute coverage for mentors and inductees will be provided by the Committee for mutual classroom visitations. Compensation will be as follows:

2011-2012          $1,000 per first year inductee, $600 per second year inductee or up to two (2) inservice credits at the Superintendent's discretion.

2012-2013          $1,000 per first year inductee, $600 per second year inductee or up to two (2) inservice credits at the Superintendent's discretion.

Stipend for Mentoring Coordinators:

2011-2012        $1,000

2012-2013        $1,000

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of  __________________-- ,2011.

FOXBOROUGH SCHOOL COMMITTEE                         FOXBOROUGH EDUCATION ASSOCIATION

_____________________________________              _______________________________________

Bruce Gardner                                                                          Todd Kaeser

Chairman                                                                                  President

Date:_______________________________________               Date:___________________________________

BASE SALARY SCALE

2011-2012

0%

Bachelors

Bachelors

Masters & Bachelors

Masters

Masters

Masters

Masters

 

Step

Degree

Plus 15

Plus 36

Plus 15

Plus 30

Plus 45

Plus 60

Doctorate

2

42,723

44,645

46,571

48,499

50,422

52,347

54,273

55,235

3

44,687

46,603

48,534

50,457

52,383

54,307

56,156

57,081

4

48,604

50,532

52,450

54,374

56,304

58,227

60,151

61,113

5

50.57

52,493

54,418

56,348

58,269

60,190

62,121

63,083

6

52.531

54,460

56,372

58,313

60,232

62,163

64,082

65,045

7

56,453

58,381

60,311

62,233

64,156

66.081

68.013

68,978

8

58,419

60,347

62.268

64,201

66,123

68,047

69,974

70,936

9

60,376

62,304

64,226

66,162

68,077

70,015

71,921

72,880

10

62,347

64.26

66,192

68,114

70,039

71,967

73.896

74,861

11

64,306

66,213

68,160

70,080

72,007

73,932

75,862

76,828

12

66,271

68,189

70,119

72,047

73.975

75.896

77,825

78,785

13

 

 

72.084

74,009

75,938

77,859

79,789

80,754

14

 

 

 

 

77,895

79,827

81,758

82,727

15

 

 

 

 

 

 

 

84,696

* A stipend of $1,000 will be available to any teacher currently at the Bachelors Plus 36 who was certified before October 1994 (pre-masters degree requirement) who has attained additional graduate credits equal to Bachelors plus 51 or higher.

APPENDIX A (CONTINUED)

WORK YEAR 2011-2012

2. SCHEDULE OF SUPPLEMENTAL COMPENSATION

 

Compensation

Activity - High School

 

Academic Decathlon

1,231

Band Director

3,883

Band Director - Assistant

2,113

Band Director - Jazz (8th Grade)

2,235

Best Buddies

1,842

Capitol Forum

982

Choral Director

2,396

Class Advisor - Freshman

310

Class Advisor - Sophomore

614

Class Advisor - Junior

1,076

Class Advisor - Senior

1,076

Color Guard Advisor

1,754

Debate Team

2,308

Drama Club

5,860

Fed Challenge

982

Foreign Language Club

982

Foreign Language Exchange (per person)

1,059

Gay/Straight Alliance

1,842

History Club

1,842

Literary Club

1,842

Math Club

1,842

Model Senate

982

Multicultural Club

982

National Honor Society

1,899

Newspaper

2,426

Orchestra Director

2,396

Outdoor Club

3,195

Repertory Theatre

1,842

Science Club

1,842

Ski Club

982

Student Store

2,308

Students Against Drunk Drivers (SAAD)

602

Student Council

2,885

Student Activity Accounts

730

Virtual High School

1,906

Yearbook

5,116

Athletic Department

 

Coaches -Boys

 

Baseball Head

5,783

Baseball .TV

3,785

Baseball Frosh

3,560

Basketball Head

7,113

Basketball JV

4,006

Basketball Frosh

3,424

Basketball - 8th Grade

2,466

Football Head

8,452

Football First Assistant

4,856

Football Second Assistant

4,856

Football Third Assistant

4,223

Football Fourth Assistant

3,206

Football Fifth Assistant

2,978

Hockey Head

5,783

Hockey JV

4,006

Lacrosse Head

5,783

Lacrosse JV

3,785

Soccer Head

5,116

Soccer JV

3,343

Soccer Frosh

2,955

Tennis Head

4,448

Track Spring Head

4,674

Track Spring Assistant

3,111

Wrestling Head

4,674

Wrestling Assistant

3,111

Coaches - Girls

 

Basketball Head

7,113

Basketball JV

4,006

Basketball Frosh

3,424

Basketball - 8th Grade

2,466

Cheerleading - Full Year

4,926

Field Hockey Head

5,116

Field Hockey JV

3,343

Field Hockey Frosh

2,955

Lacrosse Head

5,783

Lacrosse JV

3,785

Softball Head

5,783

Softball JV

3,785

Softball Frosh

3,560

Soccer Head

5,116

Soccer JV

3,343

Soccer Frosh

2,955

Tennis Head

4,448

Track Spring Head

4,674

Track Spring Assistant

3,111

Volleyball Head

5,116

Volleyball JV

3,343

Volleyball Frosh

2,955

Coaches - Boys & Girls

 

Golf

2,449

Gymnastics

4,674

Swimming

4,006

Track Cross Country

3,343

Track Cross Country Assistant

2,888

Track Winter Head

4,006

Track Winter Assistant

2,888

Track Winter Assistant

2,888

Weight Room Supervisor - Fall

2,064

Weight Room Supervisor - Winter

2,064

Weight Room Supervisor - Spring

2,064

Teachers - Hourly

 

D-Hall

39.93

Summer School Academic Teachers

43.83

Workshop Teachers

37.55

TEAM (766) meeting (Begin. w/7th mtg.)

48.21

Head Teachers

 

Business

1,695

Technical Education

1,695

Nurse Leader

4,635

Audiovisual

 

Middle School

1,571

High School

1,571

Building Facilitators

894

Building Technology Coordinator

1,700

District Facilitator

4,369

Media Coordinator - K-8

3,330

Media Coordinator - 9-12

2,664

Team Membership

448

School Council Membership

448

Ahern Activities

 

Ahern Student Activity Advisor-Full Year

840

Ahern Student Activity Advisor-Half Year

420

Ahern Student Activity Advisor-Quarter Year

210

Ahern Yearbook

1,000

Ahern Broadcasting Club

2,842

Activity - Middle School

The Committee will provide extra-curricular activities for the students of the Ahem Middle School. Under the supervision of the Principal, a program will be organized to respond to the needs of Middle School students. All programs are subject to the approval of the Superintendent.

APPENDIX B WORK YEAR 2011-2012

DEPARTMENT HEADS' SALARY SCHEDULE

The compensation to be paid Department Heads shall be the sum total of four (4) elements as they pertain to each separate department. These elements are: 1) base pay; 2) additional stipend for Department Heads who have responsibility for Grades K through 12; 3) compensation for each full-time and part-time teacher, exclusive of the Department Head assigned to a department; 4) compensation for equipment.

The amounts of such elements are set forth below:

 

 

 

$ per

S per

 

Base Pay

Stipend

Teacher

Equipment

Department Head K-12

 

 

 

 

Art

4369

971

218

218

Foreign Language

4,369

971

218

218

Music

4,369

971

218

218

Physical Education

4,369

971

218

218

Department Head 9-12

 

 

 

 

Guidance

4,369

 

218

218

Department Head 9-12

 

 

 

 

English

4,369

 

218

218

Math

4,369

 

218

218

Science

4,369

 

218

218

Social Studies

4,369

 

218

218

Special Education

4,369

 

218

218

BASE SALARY SCALE

2012-2013 (Pay Periods 1-13)

Plus 1%

 

 

 

 

 

 

 

 

 

Bachelors

Bachelors

Masters & Bachelors

Masters

Masters

Masters

Masters

 

Step

Degree

Plus 15

Plus 36

Plus 15

Plus 30

Plus 45

Plus 60

Doctorate

2

43,150

45,091

47,037

48,984

50,926

52,870

54,816

55,787

3

45,134

47,069

49,019

50,962

52,907

54,850

56,718

57,652

4

49,090

51,037

52,975

54,918

56,867

58,809

60,753

61,724

5

51,076

53,018

54,962

56,911

58,852

60,792

62,742

63,714

6

53,056

55,005

56.936

58,896

60,834

62,785

64,723

65,695

7

57,018

58,965

60,914

62,855

64,798

66,742

68,693

69,668

8

59,003

60,950

62,891

64,843

66,784

68,727

70,674

71,645

9

60,980

62,927

64,868

66,824

68,758

70,715

72,640

73,609

10

62,970

64,903

66,854

68.795

70,739

72,687

74,635

75,610

11

64,949

66,875

68,842

70,781

72,727

74,671

76,621

77,596

12

66,934

68,871

70,820

72,767

74,715

76,655

78,603

79,753

13

 

 

72,805

74,749

76,697

78,638

80,587

81,562

14

 

 

 

 

78,674

80.625

82,576

83,554

15

 

 

 

 

 

 

 

85,543

* A stipend of $ 1,000 will be available to any teacher currently at the Bachelors Plus 36 who was certified before October 1994 (pre-masters degree requirement) who has attained additional graduate credits equal to Bachelors plus 51 or higher.

1% AH Steps & Additional 1% For All Top Steps

BASE SALARY SCALE

2012-2013 {Pay Periods 14-26)

 

Bachelors

Bachelors

Masters & Bachelors

Masters

Masters

Masters

Masters

 

Step

Degree

Plus 15

Plus 36

Plus 15

Plus 30

Plus 45

Plus 60

Doctorate

2

43,582

45,542

47,507

49,474

51,435

53,399

55,364

56,345

3

45,585

47,540

49,510

51,471

53,436

55,399

57,285

58,228

4

49,581

51,548

53,504

55,467

57,436

59,397

61,360

62,341

5

51,586

53,548

55,512

57,481

59,440

61,400

63,370

64,351

6

53,587

55,555

57,505

59,485

61.443

63,412

65,370

66,352

7

57,588

59,554

61,523

63,484

65,446

67,409

69,380

70,364

8

59,593

61,560

63,520

65,491

67,452

69,415

71,380

72,362

9

61,590

63,556

65,517

67,492

69,445

71,422

73,367

74,345

10

63,600

65,552

67,522

69,483

71,447

73,414

75,381

76,366

11

65,599

67,544

69,530

71,489

73,454

75,418

77,387

78,372

12

68,279

70,255

71,528

73,495

75,462

77,422

79,389

80,369

13

 

 

74,268

76,252

77,464

79,424

81,393

82,377

14

 

 

 

 

80,255

82,246

84,235

84,390

15

 

 

 

 

 

 

 

87,262

* A stipend of $1,000 will be available to any teacher currently at the Bachelors Plus 36 who was certified before October 1994 (pre-masters degree requirement) who has attained additional graduate credits equal to Bachelors plus 51 or higher.

APPENDIX A (CONTINUED)

WORK YEAR 2012-2013 2.

SCHEDULE OF SUPPLEMENTAL COMPENSATION

 

Compensation

Activity - High School

 

Academic Decathlon

1,249

Band Director

3,941

Band Director - Assistant

2,145

Band Director - Jazz (8th Grade)

2,269

Best Buddies

1,870

Capitol Forum

997

Choral Director

2,432

Class Advisor - Freshman

500

Class Advisor - Sophomore

750

Class Advisor - Junior

1,200

Class Advisor - Senior

1,200

Color Guard Advisor

1,780

Debate Team

2,343

Drama Club

5,948

Fed Challenge

997

Foreign Language Club

997

Foreign Language Exchange (per person)

1,075

Gay/Straight Alliance

1,870

History Club

1,870

Literary Club

1,870

Math Club

1,870

Model Senate

997

Multicultural Club

997

National Honor Society

2,200

Newspaper

2,462

Orchestra Director

2,432

Outdoor Club

3,243

Repertory Theatre

1,870

Science Club

1,870

Ski Club

997

Student Store

2,343

Students Against Drunk Drivers (SAAD)

611

Student Council

3,000

Student Activity Accounts

741

Virtual High School

1,935

Yearbook

5,193

Discretionary Fund for New Clubs

1,000

Coaches - Boys

 

Baseball Head

5,870

Baseball JV

3,842

Baseball Frosh

3,613

Basketball Head

7,220

Basketball JV

4,066

Basketball Frosh

3,475

Basketball - 8th Grade

2,503

Football Head

8,579

Football First Assistant

4,929

Football Second Assistant

4,929

Football Third Assistant

4,286

Football Fourth Assistant

3,254

Football Fifth Assistant

3,023

Hockey Head

5,870

Hockey JV

4,066

Lacrosse Head

5,870

Lacrosse JV

3,842

Soccer Head

5,193

Soccer JV

3,393

Soccer Frosh

2,999

Tennis Head

4,515

Track Spring Head

4,744

Track Spring Assistant

3,158

Wrestling Head

4,744

Wrestling Assistant

3,158

Coaches - Girls

 

Basketball Head

7,220

Basketball JV

4,066

Basketball Frosh

3,475

Basketball - 8th Grade

2,503

Cheerleading - Full Year-

5,000

Field Hockey Head

5,193

Field Hockey JV

3,393

Field Hockey Frosh

2,999

Lacrosse Head

5,870

Lacrosse JV

3,842

Softball Head

5,870

Softball JV

3,842

Softball Frosh

3,613

Soccer Head

5,193

Soccer JV

3,393

Soccer Frosh

2,999

Tennis Head

4,515

Track Spring Head

4,744

Track Spring Assistant

3,158

Volleyball Head

5,193

Volleyball JV

3,393

Volleyball Frosh

2,999

Coaches - Boys & Girls

 

Golf

3,343

Gymnastics

4,744

Swimming

4,066

Track Cross Country

3,393

Track Cross Country Assistant

2,931

Track Winter Head

4,066

Track Winter Assistant

2,931

Track Winter Assistant

2,931

Weight Room Supervisor -Fall

2,095

Weight Room Supervisor - Winter

2,095

Weight Room Supervisor - Spring

2,095

Teachers - Hourly

 

D-Hall

40.53

Summer School Academic Teachers

44.49

Workshop Teachers

39

TEAM (766) meeting

 

(beginning with the 7th meeting)

48.93

Head Teachers

 

Business

1,720

Technical Education

1,720

Nurse Leader

4,705

Audiovisual

 

Middle School

3,595

High School

1,595

Building Facilitators

907

Building Technology Coordinator

1,726

District Facilitator

4,435

Media Coordinator - K-8

3,380

Media Coordinator - 9-12

2,704

Team Membership

455

School Council Membership

455

Ahern Activities

 

Ahern Student Activity Advisor-Full Year

840

Ahern Student Activity Advisor-Half Year

420

Ahern Student Activity Advisor-Quarter Year

210

Ahern Yearbook

1,000

Ahern Broadcasting Club

2,842

Activity - Middle School

The Committee will provide extra-curricular activities for the students of the Ahern Middle School Under the supervision of the Principal, a program will be organized to respond to the needs of Middle School students. All programs are subject to the approval of the Superintendent.

APPENDIX B

WORK YEAR 2012-2013

DEPARTMENT HEADS' SALARY SCHEDULE

The compensation to be paid Department Heads shall be the sum total of four (4) elements as they pertain to each separate department. These elements are: 1) base pay; 2) additional stipend for Department Heads who have responsibility for Grades K through 12; 3) compensation for each full-time and part-time teacher, exclusive of the Department Head assigned to a department; 4) compensation for equipment.

The amounts of such elements are set forth below:

 

 

 

$ per

$ per

 

Base Pay

Stipend

Teacher

Equipment

Department Head K-12

 

 

 

 

Art

4,435

986

221

221

Foreign Language

4,435

986

221

221

Music

4,435

986

221

221

Physical Education

4,435

986

221

221

Department Head 9-12

 

 

 

 

Guidance

4,435

 

221

221

Department Head 9-12

 

 

 

 

English

4,435

 

221

221

Math

4,435

 

221

221

Science

4,435

 

221

221

Social Studies

4,435

 

221

221

Special Education

4,435

 

221

221

Appendix C

Criteria to be used in evaluating qualification and past performance of employees

1.       Certification

2.       Bachelor's degree in area

3.       Advance degree in area

4.       Course work in area and/or closely related area and/or teaching learning process

5.       Recency of experience in present or projected assignment with emphasis on last five (5) years.

6.       Performance as evidenced by formal evaluations for the last five (5) years.