Franklin

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DistrictFranklin
Shared Contract District
Org Code1010000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2012
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersTri-County RVTSD
CountyNorfolk
ESE RegionGreater Boston
Urban
Kind of Communityeconomically developed suburbs
Number of Schools11
Enrollment6120
Percent Low Income Students7
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document PREAMBLE

 

Teacher Agreement

 

for

September 1, 2010 through August 31, 2012

 

between

The Franklin School Committee

and

The Franklin Education Association

Franklin, MA

 

 

 

 


                                    "Together we achieve the extraordinary"

 

 

 

 

 

 

 

Table of Contents

 

 

 

 

        Article       Title                                                                                                                                                       Page

 

                        Preamble..................................................................................................................................................... 4

               I        Recognition............................................................................................................................................... 4

             II        Entirety and Separability of Agreement................................................................................................ 5

            III        No Strike Clause........................................................................................................................................ 5

            IV        Negotiations.............................................................................................................................................. 5

             V        Duration..................................................................................................................................................... 6

            VI        Work Year.................................................................................................................................................. 6

           VII        Teacher Assignment................................................................................................................................ 7

         VIII        Teacher Evaluation and Files.................................................................................................................. 9

            IX        Teacher Facilities...................................................................................................................................... 9

             X        Teaching Hours and Workload.............................................................................................................. 9

            XI        Reduction in Force................................................................................................................................. 12

          XII        Transfers.................................................................................................................................................. 15

         XIII        Promotions............................................................................................................................................... 16

         XIV        Resignations............................................................................................................................................ 16

          XV        Teacher Protection................................................................................................................................. 17

         XVI        Paid Absence and Leave Benefits....................................................................................................... 17

        XVII        Leaves of Absence Without Pay......................................................................................................... 21

      XVIII        Sabbatical Leaves................................................................................................................................... 23

         XIX        Maternity Leave - Sick Leave............................................................................................................... 24

          XX        Salaries..................................................................................................................................................... 25

          XX        Miscellaneous Benefits......................................................................................................................... 27

         XXI        Course Reimbursement.......................................................................................................................... 27

       XXII        Grievance and Arbitration..................................................................................................................... 28

      XXIII        Miscellaneous Provisions..................................................................................................................... 30

      XXIV        Textbooks................................................................................................................................................ 30

       XXV        No Reprisals............................................................................................................................................ 30

      XXVI        Extended Day Program........................................................................................................................... 31

     XXVII        Agency Service Fee ………………………………………………………………………….............. 31

   XXVIII        Health and Safety Committee................................................................................................................ 31

      XXIX        On-Line Learning.................................................................................................................................... 31

               

Appendixes

Appendix A

                        Salary Schedule....................................................................................................................................... 33

                        Miscellaneous Salary Benefits............................................................................................................. 35

                        Longevity Pay......................................................................................................................................... 35

                        Instructional Stipends………………………………………………………………………................ 37

                        Non-Instructional Stipends................................................................................................................... 38

               


Appendix B

                        Coaches Stipends................................................................................................................................... 40

               

 

Appendix C

                        Modification of Teacher’s Salary Schedule....................................................................................... 41

 

Appendix C-1

                        Chapter I /Title One................................................................................................................................ 42

 

Appendix D

                        Evaluations.............................................................................................................................................. 46

                       

Appendix E

                        Family and Medical Leave of Absence............................................................................................. 104

 

 

 


Preamble

Recognizing that our prime purpose is to provide education of the highest possible quality for the children of Franklin and that good morale within the teaching staff of Franklin is essential to the achievement of that purpose, we, the undersigned parties to this Agreement, declare that:

 

1.     The Franklin School Committee is a public body established under and with powers provided by the Statutes of the Commonwealth of Massachusetts and nothing in the Agreement shall be deemed to derogate from or impair any power, right, or duty conferred upon the Committee by statute or any rule or regulation of any agency of the Commonwealth.  As to every matter not specifically mentioned or provided for in the Agreement, the Committee retains all the powers, rights, and duties that it has by law.  The Committee has final responsibility for establishing the educational policies of the public schools of Franklin.

2.     The Superintendent of Schools of Franklin, in conjunction with Principals, has the responsibility for carrying out the policies so established.

        The Superintendent of Schools is the Chief Officer of the Franklin School Department and shall exercise all authority as provided by law.  S/he shall supervise all Directors, Counselors, Specialists and all others covered by this Agreement in conjunction with the Principal of each school.

3.     The Principal is the Chief Administrative Officer of each school and is responsible for implementing effective administrative practices, which are consistent with the laws of the Commonwealth, the duly established educational policies of the Franklin School Committee and the terms of this Agreement.

4.     The teaching staff of the Franklin Public Schools is responsible for providing the highest quality of instruction and services to the children entrusted to their care through compliance with all applicable state laws, the duly established educational polices of the Franklin School Committee, the terms of this Agreement, as well as the administrative practices as described in Paragraph 3 of this Preamble.

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

 

 

ARTICLE I
Recognition

1.1  Representation

For the purposes of collective bargaining on questions of wages, and conditions of employment, the School Committee recognizes the Franklin Education Association as the exclusive representative of the following professional employees of the Franklin Public School System.

 

UNIT A—All Teachers, Counselors, Librarians, Reading Teachers, Related Service Providers, Directors, Department Chairs, Coaches, Federally Funded Directors and Teachers, Specialists, Coordinator of Career Development/Educational Planning and regular part-time teachers, and Nurses  but excluding substitutes, Chapter/Title I Director, Assistant Principals for Instructional Services, Summer School teachers, Evening Education teachers, Workshop teachers*, and other employees of the Franklin Public Schools.

 

Unless otherwise indicated, the employees in the above Unit will be hereinafter referred to as

teachers.  *Workshop teachers include those members of the collective bargaining unit who are involved in any special or summer workshop projects.

 

 

1.2  Membership

As sole bargaining agent, the Association will accept into voluntary membership all teachers covered by this Agreement without regard to race, color, creed, national origin, gender, marital status, sexual orientation or previous affiliation with other teacher organizations.

 

 

ARTICLE II
Entirety and Separability of Agreement

2.1  Entirety of Agreement

This Agreement incorporates the entire understanding of the parties on all issues, which were or could have been the subject of negotiation.  Any matter not specifically covered by the Agreement is not a part of this Agreement.

 

2.2  Separability of Agreement

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 will continue in full force and effect.

 

 

ARTICLE III
No Strike Clause

The Association on its own behalf and on behalf of each of the employees that it represents, hereby agrees and covenants that during the term(s) of this Agreement, it will not authorize, approve, participate or in any way encourage any illegal strike, illegal work stoppage, illegal slowdown or the illegal withholding of services including extra curricular services from the employer, Franklin School Committee and the Town of Franklin.  It is further agreed that the Association will not unlawfully interfere or restrain any person from seeking employment with the Franklin School Department during the term(s) of this Agreement.  It is further agreed that any employee covered by this Agreement who violates this provision, or any part thereof, subjects himself or herself to disciplinary action or dismissal.

 

 

ARTICLE IV
Negotiations

4.1  Reopening of Agreement

Either party wishing to modify or amend this Agreement for the period after August 31, 2012, shall so inform the other party in writing on or before November 1, 2011.  Otherwise, this Agreement shall continue from year to year thereafter unless written notice is sent on or before the first of November of each year thereafter.

 

4.2  Changes in Policy

Before the Committee adopts a substantial change in policy which affects wages, hours, or any other conditions of employment which are not covered by the terms of this Agreement and which have not been proposed by the Association, the Committee will notify the Association in writing that it is considering such a change.  The Association will have the right to negotiate with the Committee, provided that it files such a request with the Committee within five (5) days after receipt of such notice.

 

4.3  Modification of Agreement

The Agreement may not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.

 

4.4  Schedule of Negotiations

Negotiations shall be scheduled at mutually acceptable hours.  These negotiations will not be held during school hours.

 

4.5  Negotiations for Successor (September 1, 2012) Collective Bargaining Agreement

The Parties agree to participate in Collaborative Bargaining Training, contingent upon each Party’s ability to fund their respective training costs.  The Parties will commence such training no later than November 1, 2011.  To the extent that any cost is involved in such training, such cost shall be shared equally by the Parties.  The aforementioned training costs shall not include the costs incurred by the Parties for their own legal fees. 

 

Following the conclusion of such training, the Parties shall meet to discuss ground rules for negotiations for a successor collective bargaining agreement to commence September 1, 2012.  As part of the ground rules discussion, the Parties will discuss whether or not to utilize a Collaborative Bargaining approach to these successor negotiations.  Nothing contained herein, including the agreement by the Parties to engage in Collaborative Bargaining training, shall bind the Parties to utilizing a collaborative bargaining approach to its negotiations for the September 1, 2012 agreement.

 

4.6  Availability of Documentation

The Committee will, upon request, provide the Association with copies of any documents, which are available to the Committee, which will assist the Association in its negotiations.  The cost of copying will be borne by the Association.

 

4.7  Distribution of Agreement

Five copies of the teachers' contract will be placed in each school library and one will be available electronically through First Class.  All new employees will be provided a printed copy of the current contract, and any employee, at any time, may request and receive a printed copy of the current contract from Human Resources.

 

 

ARTICLE V
Duration

It shall be a two year Agreement commencing September 1, 2010 through August 31, 2012.

 

 

ARTICLE VI
Work Year

6.1  Length of Work Year

The work year for this Agreement shall consist of one hundred eighty-three (183) days, of which one (1) day is an orientation day for all teachers prior to the opening of school.  The aforementioned day will be split as follows:  One-half (1/2) for administrative issues and one-half (1/2) for teacher preparation, including association time.

 

During the school year there will be two (2) full days of Professional Development.  A professional Development Committee comprised of staff and administrators will provide guidance and direction on the use of these days.  Recognizing that new initiatives require quality time for development and implementation, it is understood that administration will also recognize the difficulty in successfully addressing multiple initiatives concurrently. 

 

The first day of the teacher work year shall be no earlier than the Monday preceding Labor Day.

 

The last day of the school year will be a half-day for students.   The remainder of the day will be used by teachers for closeout procedures such as preparing rooms for summer maintenance.

 

The work year for the "Coordinator of Career Development/Educational Planning" may be extended subject to Appendix A, Section II, Subsection 3.  Also, the workday may be adjusted to address the needs of the program.  However, while the starting and ending times may differ from other unit employees, all hours worked will be contiguous unless mutually agreed to the contrary.

 

Teachers who are new to the school system will be required to participate in a three-day orientation program.  Said program shall consist of three consecutive days scheduled during the week immediately preceding the opening of school.  Payment shall be at the rate of $100 per five-hour day.

 

The work year for guidance counselors at the high school will be extended.  Each counselor will select up to two (2) days to work on counselor related activities within the first five (5) work days following the last day of school for teachers.  Counselors will be paid at their per diem rate for these two (2) days and any additional day(s) worked during the summer.

 

6.2  Adoption of Calendar

The School Committee shall consult with the Franklin Education Association prior to the adoption of the calendar.  The final decision is with the School Committee.

 

6.3  Teacher Directed Time

On the early release day scheduled for October 19, 2011, teachers at the Middle and Elementary levels will be relieved of their assigned duties during the non-instructional or unassigned portion of the day.  Such time will be designated as Teacher Directed Time and will be utilized to sustain and promote individual professional development.  The specific use of Teacher Directed Time shall be determined by the Teacher after consideration of any recommendations made by the administration but shall include one of the following activities: needs assessments, curriculum development, summative and formative assessments, and/or meetings with guidance counselors, adjustment counselors and psychologists.  All Teacher Directed Time shall be utilized in the teacher’s assigned building.

 

 

ARTICLE VII
Teacher Assignment

7.1  Notification of Programs

Teachers will be notified in writing of changes in their programs for the coming school year, including the schools to which they will be assigned, the grades and/or subject that they will teach, and any special or unusual classes that they will have, as soon as practicable and under normal circumstances no later than the end of the preceding school year.

 

7.2  Assignment

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

 


7.3  Mileage Reimbursement

In arranging schedules for teachers who are assigned to more than one (1) school, an effort will be made to limit the amount of interschool travel.  Such teachers will be notified of any change in their schedules as soon as possible.  Teachers who are assigned to more than one (1) school in any one (1) school day will receive a minimum of two (2) miles per move at the same per mileage rate that the Town pays to other employees for all inter-school driving.

 

 

ARTICLE VIII
Teacher Evaluation and Files

8.1  Teacher Observation

All monitoring or observation of the work performance of a teacher will be conducted openly.  The use of eavesdropping, public address or audio systems and similar surveillance devices shall be strictly prohibited.

 

8.2  Inspection of Files

The Committee agrees to comply fully with the provisions of G. L. Chapter 71, Section 42C:  School officials of cities and towns keeping records concerning any teacher or his/her work shall, at the written request of the teacher, permit the teacher by appointment to inspect the contents of his/her personnel folder, files, cards, and records, and to make copies of such contents and records as concern his/her work or himself/herself.

 

Upon written request to the Human Resources Director, any employee covered by this Agreement shall have the right to inspect the contents of his or her personnel folder, file cards and records which pertain to said employee, and said employee may request copies of such contents as concern such employee or his or her work.  It is understood that the records will be made available at reasonable and mutually convenient times.

 

The teacher will have the opportunity to review such material and affix his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the content thereof.  The teacher will also have the right to submit a written answer to such material, and said answer shall be attached to the file copy.

 

Whenever an addition is made to the teacher’s personnel folder, with the exception of formal evaluations and classroom observations, the teacher shall be immediately informed in writing within ten (10) days of the information being added to the file.  Notation of “personnel file” as a “cc” on the document shall satisfy the written notification requirements of this provision.

 

The teacher will have the opportunity to review such material and affix his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the content thereof.  The teacher will also have the right to submit a written answer to such material, and said answer shall be attached to the file copy.

 

8.3  Complaints Against a Teacher

 Complaints regarding a teacher made to any member of the administration by a parent, student or other person will be promptly called to the attention of the teacher, providing the complaint is not subject to a criminal investigation.

 

An administrator to whom a complaint against a teacher is made by a parent, student or other person, will, where appropriate, first refer the complaint to the individual about whom the complaint was made.  If the complaint cannot be resolved between the two individuals or if the complaint is of such a substantial nature that it should be handled by an administrator in the first instance, then, the administrator, within a reasonable amount of time, will notify the teacher that a complaint has been received and will be investigated.  The determination as to whether the nature of the complaint is one that requires attention by the administrator in the first instance lies within the exclusive discretion of the employer.  Complaints will be handled and investigated in a timely manner.

 

8.4  Just Cause

No teacher will be disciplined, reprimanded, reduced in rank or compensation without just cause.

 

8.5  Teacher Evaluation and Files

If during the life of this Contract, state or federal statutes or regulations pertaining to teacher performance evaluation processes or standards are changed, then the Parties agree to reopen this Contract for the limited purpose of negotiating changes to Article VIII and Appendix D.

 

 

ARTICLE IX
Teacher Facilities

Where economic and physical conditions allow, the Committee shall endeavor to provide the following:

 

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

2.     A teacher work area containing adequate equipment and supplies to aid in the preparation of instructional materials, such as file cabinet, table or desk, and photocopy machine.

3.     A serviceable desk and chair for the teacher in each classroom.

4.     A well-lighted and clean toilet for male teachers and a well-lighted and clean toilet for female teachers.

5.     A separate private dining area for the exclusive use of the teachers.

6.     A buzzer system to the main office on each floor of two and three story buildings.

7.     The School Administration will attempt to insure that the room temperature for all classrooms will be kept at a suitable level.

8.     The School Committee shall assure that no professional employee is subject to reprisals for filing a report of unsafe or unhealthy working conditions.

 

 

ARTICLE X
Teaching Hours and Workload

10.1  Teacher Work Day

1.     All teachers shall be required to be on duty for a period inclusive of lunchtime, of up to seven (7) hours each day.

2.     All professional personnel who do not have homerooms will work at their assigned tasks in the school building for at least the length of the regular teacher’s workday.  It is recognized, however, that the proper performance of their duties may, on occasion, require these persons to work longer than the normal working day.  The exact daily schedule will be worked out on an individual basis.

3.     When special teachers are in the classroom, the regular teacher shall have the right to leave the classroom for the sole purpose of teaching preparation.  However, when the special teacher is presenting new materials, lessons, or projects, the regular teacher may be required to remain in the classroom as long as this does not occur during the teacher's "preparation period".  Special teachers include, but are not limited to, art, music, physical education/health teachers, and elementary world language teachers.

 

10.2  After School Meeting/Conference Participation

1.             Teachers may be required to remain after the end of the regular workday without additional compensation up to one (1) hour, three meetings per month for all schoolteachers for school purposes.  Teachers may be required to attend an additional four one-hour meetings per year, without additional pay.  In addition, all teachers shall be required to attend two (2) evening events per year with no compensatory time or monies.  During the time used for Elementary Parent Conferences, time will be provided by using the three (3) monthly afternoon meetings.

 

2.             By the conclusion of the school year, each building principal will consult with their professional staff on a proposed meeting schedule for the upcoming school year.  If possible, building principals will publish their meeting schedule for the upcoming year by the last day of school; if they cannot then they will do so by July 15th.  Meetings will normally be scheduled on Wednesdays.  Meetings may be scheduled on days other than Wednesdays, if mutually agreed to by both the teachers and the principal.

 

10.3  Teacher Workload

A.    Secondary School Teacher Workload

1.     Secondary school teachers will not be required to teach more than two (2) subject areas, and no more than three (3) different course titles (excluding levels).

2.     Secondary teachers will teach no more than twenty-five (25) periods per week within said subject areas.  Secondary school teachers will receive at least one preparation period per day.  However, in Science and Physical Education disciplines, the limit of twenty-five (25) periods shall not apply, and for every additional period assigned, two (2) supervisory periods will be dropped.  For example:  26 teaching periods = 3 supervisory periods; 27 teaching periods = l supervisory period.

3.     In subject areas of Art, Physical Education, Health Education, Industrial Arts, and Business, a teacher may consent to take an additional teaching period in lieu of a supervision period.

4.     In addition to homeroom or early morning assignments, Grade 7-l2 teachers shall be assigned up to five (5) supervisory periods per week.  All teachers will conduct extra help or supervision in the classroom when not attending department meetings between the time students are regularly dismissed and the end of the teacher’s workday.

 

B.    Itinerant Teacher Workload

Every effort will be made to give a reasonable amount of travel time to Unit A specialists and related service providers who travel between two (2) or more buildings in a single day.  This travel time will be exclusive of their contractual twenty (20) minute duty free lunch and their thirty (30) minute preparation time.  In addition, every effort will be made to give them their thirty (30) minute preparation time as outlined in 10.4.1 upon arrival at the second building.  This should not be construed as an extra preparation period.

 

C.    Elementary Teacher Workload

1.     The School Committee will endeavor, whenever possible, subject to scheduling and available personnel, to provide a fifteen (15) minute recess period every other day in the elementary schools when each teacher will not be assigned any duty.

 

2.     The Committee will provide each elementary teacher at least a thirty (30) minute preparation period in addition to their twenty (20) minute duty-free lunch on days when there is no preparation period afforded under the terms of Section 10.1.3 of this Article.  The preparation period shall not include any supervisory responsibilities.  Elementary teachers shall be guaranteed not less than a total of 220 minutes per week in preparation time.  This time shall be exclusive of time before and after school.

 

No elementary teacher shall have as part of his/her regular schedule an assignment that requires him or her to supervise two classrooms for the purpose of providing preparation time.

 

10.4  Duty Free Lunch

The School Committee will provide each teacher with a twenty (20) minute duty-free lunch period per day, except in cases of emergency.  Said twenty (20) minutes shall not include walking students to and from the lunchroom.

 

10.5  Practice Teacher Assignment

Practice teachers shall be assigned only with prior consent of the cooperating teacher and the consent once given may not be revoked.

 

10.6  Preparation Time

It is the mutual agreement of the parties that it is in the best interest of the students of the Franklin Public Schools and the educational process of the Franklin Public Schools to utilize the preparation period in a variety of ways including, but not limited to individual/group meetings regarding a student; meeting with a parent; meeting with a principal; preparing materials for classes; making plans with the librarian; and contacting business, community organizations, etc. in order to improve the delivery of services to individual students and/or the entire class.  The decision as to the appropriate utilization of the preparation period shall be at the sole discretion of the teacher, after giving due regard to the input and/or recommendations of the administration.  The provisions of this paragraph are intended to apply to teachers at all grade levels.

 

10.7  Association Time

The Association President will not be assigned any supervisory duties. The President of the FEA shall be relieved of teaching duties for a total of ten school days per year, which days shall be utilized for addressing local issues of concern between the Union and the Committee.  It is understood that some of this time may be spent outside of the district, but the objective of the release time is to address local issues.  The Union shall bear the full cost of any substitute teacher necessary on these days and the days shall be scheduled so as to minimize the impact on students.  In addition, no more than two such days shall be taken in any given month.  Such days shall be dependent upon the President providing adequate notice so as to ensure that substitute coverage is available.

 

10.8  Part-timers

Part-timers who are required to work by the School Administration longer than their fraction of a day will be paid for the additional part.

 

10.9  Special Education

Resource, speech and language teachers, school psychologists, and school adjustment counselors will be given time up to the equivalent of three (3) school days per semester for the purpose of writing reports.  Scheduling of such days will be by mutual agreement between the employee and the building principal.

 

If available, and at the discretion of the Superintendent, secretarial help will be given to resource staff for the purpose of writing reports.

 

Recognizing that communication is essential to the success of the inclusion classroom, every effort will be made to provide concurrent preparation time to Inclusion Classroom Teachers and Special Educators.

ARTICLE XI
Reduction in Force

11.1 

The School Committee retains the right to reduce the number of teachers on its staff.  In determining the order in which the staff shall be laid off within the separate groups of professional status and non-professional status, the Committee shall consider the following factors in laying-off staff within a discipline:

 

1.     Seniority within a certification/licensure.

2.     Relevant demonstrated educational needs of the system.

 

In making lay-offs within a discipline, the most junior person within the discipline shall be laid off except in the following situation:

 

If there is a conflict with the relevant demonstrated educational needs of the system, then the School Committee need not lay off the most junior teacher within the discipline.

 

11.2  Certification/Licensure Categories

 

1.     Elementary Classroom Teachers

        PreK - 6

 

2.     Secondary Teachers 7 - l2

a)     English

b)    Science

c)     Math

d)    Social Studies/Political Science

e)     History

f)     Foreign Languages

g)    Business & Occupational Education

h)    Industrial Arts

i)      Family/Consumer Science

j)      Career Education

k)     Instructional Technology

l)      Technology & Engineering

m)    Alternative Education

n)    Theatre

 

4.     System-wide Specialists PreK-12

a)      School Psychologist

b)     Special Education

c)     Adjustment Counselors

d)    Guidance Counselors

e)     Librarians

f)     Speech Pathologists

g)    Reading

h)    English Language Learners

i)      Related Service Providers

j)      Visual Art

k)     Physical Education/Health

l)      Music

 

11.3  Professional Teacher Lay-offs

In the event that a professional status teacher must be RIF'd then the least senior in said discipline will reduce teachers.

 

11.3.2

In the event that a professional status teacher is to be transferred to a different level(middle school to high school or vice versa), then when possible, within two years, the administration will identify the specific course of Instruction which will facilitate the transition from one level to another.  Furthermore, cost of said course shall be paid for by administration over and above any other course reimbursement indicated in section 21.3.

 

11.4  Definition of Seniority

Seniority means a teacher’s length of continuous uninterrupted service in Unit A in years, months, and days commencing with the first date of employment (not hiring) as a teacher on a paid basis in the Franklin Public Schools.  Regular part-time teachers will receive proportional seniority.

 

In the event of seniority ties, and in the event of a pending layoff, a lottery(s) will be conducted in the Discipline Categories to be effected by the layoff.  Before a lottery is conducted the Principal’s Evaluation Report from the year immediately preceding the year of the layoff will be examined to determine if any of the tied employees received an unfavorable rating.  Any employees with an unfavorable rating will not be part of the lottery drawing and will be placed on the seniority list below those with favorable ratings.  If in a group of tied employees more than one employee has an unfavorable rating there will be a second lottery among those with unfavorable ratings to determine their order below those with favorable ratings.  In the event employees are recalled and there is a subsequent layoff a new lottery will be conducted.  Names drawn in the lottery will be the personnel who will return.

 

Any leave of absence as defined in Articles XVII (17.1, 17.2, 17.4, 17.5 & 17.6) XVIII, and XIX (unpaid child rearing leave only) shall be construed to be non-active service and will not be included in determining the total length of service.  However, such leaves will not be construed to break active service; and seniority will mean the total number of years, months, and days preceding the leave, added to the total number of years, months and days after resuming active duty after the leave of absence.

 

11.5  Lay-off Notice

Employees laid off under normal circumstances shall be notified in writing no later than June l5 of the school year preceding the school year in which the reduction is to be effected.  However, if school sessions conclude prior to June 15, employees will be notified of lay-off not later than the last day that school is in session.

 

11.6  Recall Provision

Employees laid off under this article shall be considered for recall in the inverse order of their lay-off within their certification/licensure category during a period of two (2) years from the effective date of their lay-off if they so indicate in writing to the Superintendent.  Teachers will not be required to accept any recall, which occurs during the school year.

 

11.7  Alternative Certification/Licensure Categories

A  teacher laid off, and on recall, will be given preference for an open position within another certification/licensure category provided that the teacher is properly certified in that subject and has taught said subject within the past seven (7) years. 

 


11.8  Regular Part-time Employment

Any position which is half-time or more is considered an open position for purposes of recall and reappointment and must be offered to a teacher on recall if there is a teacher on recall who is entitled to the position under the terms of this Agreement.  If the teacher is offered a position of half-time or more and does not accept the offer of employment, his/her refusal of the offer constitutes a resignation and he/she loses his/her rights to recall to any future position

 

If a teacher is offered a position of less than half time and does not accept the offer of employment, his/her refusal of the offer does not constitute a resignation and he/she retains his/her rights to recall to a half time or greater position to which he/she is entitled under the terms of this Agreement.

 

Having been placed in a fractional position, a teacher on recall is entitled to reassignment to any larger position which becomes available to which the teacher is entitled under the terms of this Agreement, if such assignment is desired by the teacher; e.g., a teacher recalled to a half-time Grade 2 position is entitled to the first full-time Grade K-6 position which becomes available.  If two or more teachers within the same discipline are placed in fractional positions, they are entitled to reassignment to larger positions, which become available in the order of their standing on the recall list.

 

11.9  Vacancies

If a half-time or greater vacancy occurs before the last term which is expected to last at least until the end of that school year, and if a teacher is on the recall list for the discipline in which the vacancy occurs, the first teacher on the recall list shall be offered the position and is entitled to all appropriate contractual benefits (salary, personal days, etc.) pro-rated.  No teacher shall be required to accept any such vacancy, which occurs during the school year.  If there is no teacher on the recall list who is entitled to fill the vacancy or if the vacancy occurs after the end of the third term of the academic year, the Superintendent may hire a substitute.

 

11.10  Recall/Transfer

Recall within a Certification/Licensure Category will take precedence over the transfer of a teacher from another Certification/Licensure Category into that Category.

 

11.11  Placement on Substitute List

Employees laid off under this article shall be given priority on the substitute list during said recall period if they so indicate in writing.

 

11.12  Continuation of Insurance Benefits

Employees on leave pursuant to their lay-off policy may continue group health insurance coverage at the applicable COBRA rate and subject to applicable COBRA regulations. 

 

11.13  Offers of Employment

Employees serving a recall period shall be notified by the Superintendent concerning any open positions in the system for which they may be qualified to fill.  Failure to accept an offer of employment for any such positions shall terminate this requirement unless the offer is made during the school year.

 

11.14  Restoration of Benefits

Employees recalled shall be credited with such salary and fringe benefits as they were entitled to at the effective date of their layoff.

 

11.15  Seniority List

An updated "Seniority List" shall be supplied by the Superintendent’s Office to the President of the Franklin Education Association, no later than October 1 of each year.

 

 

ARTICLE XII
Transfers

12.1  Transfer Procedures

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

 

1.     A list of open positions in other schools will be made available to all teachers being transferred; these teachers may make written application to the Superintendent of Schools for such position.

2.     Notice of transfer will be given to teachers as soon as practicable and under normal circumstances not later than the end of the preceding school year.

 

12.2  Voluntary Transfer

Teachers desiring a transfer will submit a written request to the Superintendent of Schools stating the assignment preferred.  Requests must be renewed each year.  All requests will be acknowledged in writing.  As a courtesy, all requests submitted prior to selection will be acknowledged in writing prior to the selection being made public.  If vacancies occur, transfer requests will be considered before new teachers are hired.

 

12.3  Involuntary Transfer

1.     Notices of involuntary transfers shall be given to teachers as soon as possible and under normal circumstances, not later than the end of the preceding school year.

2.     When an involuntary transfer is made, the Superintendent, upon written request, will provide the transferee in writing with the reasons for said transfer.

3.     When involuntary transfers are made, the teacher’s area of competence, major and/or minor field of study, quality of teaching performance, seniority in the Franklin School System and relevant demonstrated educational needs of the school system will be given due consideration.

4.     If an opening occurs in a position from which a teacher was involuntarily transferred, first choice shall be given the involuntarily transferred teacher to return to his/her previous position, provided that the initial transfer did not occur because of that teacher’s performance. If the Superintendent determines that the teacher who was involuntarily transferred shall not return to his/her previous position at the beginning of the next school year, the Superintendent, upon written request, will provide the transferee in writing with the reasons for said decision not to allow the teacher to return to his/her previous position.  The decision of whether or not to allow the teacher to return to his/her previous position shall be at the Superintendent’s discretion.

 

12.4  Postings

All vacancies in Unit A positions caused by death, retirement, discharge, resignation or the creation of new positions which the administration determines to fill shall be posted in all schools for a minimum of ten school days.  Employees who desire to apply for such vacancies shall file their applications in writing with the appropriate office as designated in the posting.

 

 


ARTICLE XIII
Promotions

13.1  Filling of Vacancies in Promotional Positions

All vacancies in promotional positions caused by death, retirement, discharge, resignation, or by the creation of a new promotional position, if decided by the Committee to be filled, shall be filled pursuant to the following procedure:

 

1.     Such vacancies shall be adequately publicized, a minimum ten (10) school days, including a notice in every school as far in advance of the date of filling such vacancy as possible.

2.     Said notice of vacancy shall clearly set forth the qualification for the position.

3.     Persons who desire to apply for such vacancies shall file their applications in writing with the office of the Superintendent within the time limit specified in the notice.

4.     Qualifications and criteria for selection of all personnel for promotional positions shall be published and adhered to except in the case of an emergency.  Subject to the provisions of this Article, the decision of the principal, subject to the approval of the Superintendent, in filling promotional vacancies shall be final.  

 

13.2  Probationary Period

1.     Promotional positions shall be filled for a probationary period of three (3) school years.  This provision may be modified by mutual agreement, in writing, by the parties.

2.     In the event the person promoted does not continue in his/her promotional position for any reason other than moral turpitude, insubordination or conduct unbecoming a teacher, he/she shall revert to his/her previous status as a teacher.  Any extra curricular positions held in the School Department by him/her prior to the promotion shall be evaluated by the Superintendent at the time the teacher reverts to his/her original positions.

 

13.3  Temporary Appointments

Nothing in this Agreement shall prevent the Superintendent from making temporary appointments until positions can be filled with permanent appointments as provided in the Agreement.  Unless qualified applicants are unavailable, all permanent appointments shall be made within twelve (12) months.  Time spent in such temporary appointment shall not be used as an indication of superior qualifications for the position.

 

 

ARTICLE XIV
Resignations

Any teacher who intends to resign his/her position shall give notice to the Superintendent through his/her principal no less than thirty (30) calendar days, except during the month of August, which will require sixty (60) calendar days prior to the date of intended resignation.  The Superintendent may, contingent upon the agreement of the teacher, release him/her before the agreed upon time provided a suitable replacement has been acquired and is ready to take over the teacher’s duties.  Exceptions to this provision may be approved by the Superintendent due to illness or unforeseen circumstances beyond the control of the teacher involved.  Unless so approved by the Superintendent, violation of this provision will be treated as a breach of contract and will be so noted in the teacher's file and will be included in any future reference requests.

 

 

ARTICLE XV
Teacher Protection

15.1  Notification of Superintendent

Teachers will report immediately in writing to the Superintendent of Schools and their Principal all cases of assault suffered by them in connection with their employment. This report will be forwarded to the Committee which will comply with any reasonable request from the teacher for information in its possession relating to the incident or the persons involved, and will act in appropriate ways as liaison between the teacher, the police and the courts.

 

15.2  Legal Expenses

The Committee agrees to comply fully with the provisions of G.L. Chapter 258 and to this end will provide sums of reasonable legal expenses, and, as of January 1, l970, for other damages incurred by a teacher in the course of his or her employment.  Said sums are to be supplemental to benefits provided under Chapter l52, Section 69, of the General Laws of the Commonwealth of Massachusetts Workers’ Compensation Insurance which the Committee will continue to provide during the terms of this Agreement.

 

15.3  Workers’ Compensation

Whenever a teacher is absent from school as a result of a compensable industrial accident, the Committee, subject to the following limitation, upon request, will make up the difference between the teacher’s workers’ compensation benefits and his or her regular salary providing said teacher has accumulated sick leave against which said difference may be charged.

 

 

ARTICLE XVI
Paid Absence and Leave Benefits

16.1 

During each school year teachers shall be entitled to fourteen (14) sick days per year for absence without loss of pay.  Once a teacher has accumulated up to two hundred forty-four (244) days this shall be the maximum number of days that can be accumulated.  First year teachers may be credited with fourteen (14) days but, should they leave the Franklin School Department having used more sick days than they earned at the rate of one point four (1.4) days each month, then the teacher shall have the excess deducted from his/her termination pay, if sufficient; or, if not, it shall be repaid to the Town of Franklin by said teacher.  Teachers shall make every effort to schedule medical tests and/or examinations at times when school is not in session.  In the event medical tests or examinations can only be scheduled during times when school is in session, absences for these reasons shall be charged to sick leave.  Teachers will be allowed to use up to fourteen (14) days annually from their accumulated sick leave in cases of family illness.  Family illness shall be limited to that of spouse, parents, children or a relative living at home.  Family illness time for in-laws, grandparents and other relatives shall be at the sole discretion of the Superintendent.   The Superintendent may require documentation from a regularly licensed and practicing physician in the event of any illness resulting in five (5) or more consecutive work-days.  The superintendent may also require medical documentation when circumstances warrant, such as repeated absences surrounding weekend and holiday periods.

 

Sick days must be taken in whole day increments.  Should a teacher work at least half a day prior to leaving due to illness, a sick day will not be issued and no pay will be deducted. Should a teacher leave prior to working at least a half a day, then a full sick day (if available) shall be issued.

 


16.2 Sick Leave Buy Back

At the end of the school year if a teacher has not used any sick leave days or any personal leave days, up to seven (7) days will be placed in a Buy-Back Bank according to the following formula:

 

If 0 days used, then                     7 days to Sick Leave Buy Back Bank

If 1 day  used, then                      6 days to Sick Leave Buy Back Bank

If 2 days used, then                     5 days to Sick Leave Buy Back Bank

If 3 days used, then                     4 days to Sick Leave Buy Back Bank

If 4 days used, then                     3 days to Sick Leave Buy Back Bank

If 5 days used, then                     2 days to Sick Leave Buy Back Bank

If 6 days used, then                     1 day  to Sick Leave Buy Back Bank

If 7 days used, then                     0 days to Sick Leave Buy Back Bank

 

Exemption:  Day(s) given to Sick Leave Bank.

 

Each day placed in bank before September 1, 1992, will be given a value of eighty ($80) dollars.  Each day placed in bank after September 1, 1992, will be given a value of ninety ($90) dollars.  After fifteen (15) years of service in the Franklin School Department, a teacher who resigns or retires will receive payment equal to the number of days in the Sick Leave Buy Back Bank.  After fifteen (15) years of service in the Franklin School Department, a teacher who dies while in the service of the Franklin School Department will have paid to his/her estate a payment equal to the number of days in the Sick Leave Buy Back Bank. In all cases, payment to a teacher or to his/her estate from the Sick Leave Buy Back Bank shall not exceed six thousand three hundred ($6,300) dollars.

 

16.3  Bereavement Leave

In case of death in the immediate family of any teacher, said teacher may be absent to attend funeral or memorial services for five (5) calendar days commencing with the day after the death.  Immediate family shall include father, mother, sister, brother, wife, husband, children, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents, grandchild, relative or other person living in the same home as the teacher.   Should travel be required, an additional day may be granted to an immediate family member by the Superintendent.  One (1) day or days at the discretion of the Superintendent for any members of the family or for a close friend may be allowed to attend funeral or memorial services.

 

The present method of providing released time to attend funeral services for a co-worker shall be continued during the term of the Agreement at the discretion of the Superintendent, and in his/her absence the Principal of the school involved.

 

16.4  Personal Leave

It is recognized that the regular attendance of teachers contributes significantly to the quality of the instructional program.  As such, whenever it is possible, individuals who are included in this bargaining unit will be expected to arrange personal business around the school year calendar. 

 

Teachers shall be entitled to take up to two (2) days paid leave of absence within a school year for personal business reasons provided:

 

1.     That personal day shall not be taken for recreational and/or leisure activities.  Personal days shall not be taken for the purpose of extending a vacation or holiday period.  Upon submission of acceptable documentary support, an exception to this provision may be granted by the Superintendent of Schools to allow an employee to use available personal time for purposes of attending a wedding.

2.     The teacher must, whenever possible, inform the principal or immediate supervisor two (2) school days in advance of a personal day.

3.     Requests for personal days contiguous to vacation periods or holidays must state the reason(s) necessitating the leave.  These requests, in writing, shall be sent to the Superintendent at least two (2) days in advance of the day being requested.

4.     No more than seven percent (7%) of a staff may take personal day leave on the same day.  In those buildings where seven percent (7%) is less than two (2) staff members, the maximum will be raised to equal two (2) staff members.  In cases of emergency, the percentage of teachers allowed to take personal days in each building could be extended at the discretion of the Superintendent; and, in all cases teachers shall be required to submit in writing all notification for personal days.  In the case of unforeseen events, written notification may be given after the personal day has been taken.

5.     At the conclusion of each school year any unused personal days will be added to a person's accrued sick time balance (not to exceed the maximum of 244 days).

 

16.5  Military Training Leave

A teacher required to be absent from school for military training shall be entitled to up to seventeen (17) days off.  The Committee will pay the difference between the teacher’s regular salary and what the teacher is paid by the military service, subject to the authorization of the Superintendent of Schools.

 

16.6  Professional Day

1.     Teachers may be entitled to attend various professional meetings or days of visitation solely at the discretion of the Principal.  Attendance at these meetings and visitations will not be considered teacher absences.

2.     Two (2) teachers will each be granted one (1) professional day to attend the NCTA Convention.

3.     Delegates elected to the MTA Annual Meeting will be granted one (1) professional day each to attend this meeting.

4.     Those employees who do not attend a Professional Development Day will not be paid for the day unless their absence is due to a verifiable use of paid leave, i.e., a note from a medical authority or a pre-approved Personal/jury/Bereavement/Religious day.

 

16.7  Sick Leave Bank

I.  Purpose

The Franklin Public School Teachers Sick Leave Bank will enable all members of the staff who voluntarily participate in accordance with the provisions herein and whose accumulated sick leave is exhausted due to prolonged illness, to access additional sick leave.  The Sick Leave Bank is designed for prolonged illness and will be used by teachers intending to return immediately following the prolonged illness.

 

II.  General Provisions

1.     The Sick Leave Bank will be used only when the teacher is prevented from working because of sickness or injury of the teacher and when this disability is of a prolonged nature; that is ten (10) consecutive working days or more.

2.     (a)  Effective for teachers hired after 9/01/2004, teachers within the first year of employment will not be eligible for the Sick Leave Bank.  Teachers in their second year of employment will be eligible to match up to 50% of their available sick days with sick bank days.  Teachers in their third year of employment will be eligible to match up to 100% of their available sick days with sick bank days.

        For those employees hired prior to 9/1/04 and/or with three or more years of seniority, the Sick Bank plan will cover only seventy-five (75) working days of any one (1) prolonged illness and the plan will end on the last school day of the school year in which the prolonged illness began.

        Consideration will be given for a relapse of the same illness and also for a second prolonged illness.

        (b) In all cases, to be eligible for Sick Leave Bank days, the applicant must have accumulated at the beginning of the prolonged illness, at least twenty (20) percent of the maximum accumulated sick leave available to the teacher since his/her employment or at least twenty (20) percent of the maximum accumulated sick leave available to the teacher since his/her last prolonged illness.

3.     A doctor’s certificate, along with a letter requesting use of the sick bank shall be required as consideration for benefits under the Sick Leave Bank Plan.

4.     The Sick Leave Bank plan will cover prolonged illness, but only after the applicant’s accumulated sick days are exhausted.  Example:  A teacher who is absent thirty (30) consecutive days because of illness and has twelve (12) sick days at the beginning of the prolonged illness will be paid using Sick Bank days from the thirteenth (13) to the thirtieth (30) sick day.

5.     Teachers using the benefits of the Sick Leave Bank must sign a Sick Leave Bank Agreement in which they state their intent to return to service immediately after* the prolonged illness for a minimum of at least the length of the leave** and to meet all terms of the regulations.  Default of this signed agreement would result in refunding to the Town of Franklin the full amount of the salary received while covered by sick leave from the Sick Bank.  Any change in the agreement must have prior approval by the Sick Leave Bank Committee.

 

  *However, if the leave is scheduled to end after the last day of the school year, then the teacher must

   return the first day of the following school year.

**A teacher returning need only finish the school year to fulfill the requirement.

 

6.     Once an employee accesses the sick bank, a waiting period of at least two full school years must be met before an eligible employee can re-access the sick bank.

 

III.  Membership

A teacher eligible to join the Sick Leave Bank must apply for membership on a form provided by the Sick Leave Bank administrators.  The application must be submitted by twenty (20) working days from the beginning of the school year in which a teacher is eligible for sick leave bank membership.  Membership is continuous.  Any new member must join by contributing one sick day.  No other days will be contributed unless the bank falls below two hundred days and then all members will be assessed one day.  All days can be carried over from one contract period to another.

 

IV.  Administration

The Sick Leave Bank will be jointly administered by a committee of four (4); two (2) members representing the Association and two (2) members representing the School Committee.  The Superintendent will be the non-voting secretary.  All requests for the use of days shall be directed to this Committee - to be named the Sick Leave Bank Committee.  The provisions of the sick bank shall not be grievable or arbitrable.  The decisions of the Committee shall be final and not subject to grievance and arbitration procedures.  Only those teachers who voluntarily contribute to this Bank shall be eligible for its benefits.

 

Amendments to these regulations can be made by a mutual agreement, in writing, of the Franklin School Committee and the Franklin Education Association Executive Board.

 

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 subsiding except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

 

 

 

 

 

16.8  Jury Duty Leave

In the event a teacher is summoned to serve on jury duty during the school year, the teacher shall within five (5) calendar days of receipt of the court summons, so inform his/her immediate supervisor, the principal of his/her school and the Superintendent.

 

Should the courts not excuse the teacher from serving or allow deferral of the jury duty, the Committee agrees to pay a teacher the difference between his/her daily rate of compensation and the compensation paid the teacher by the Courts, excluding expenses.

 

The daily rate of compensation for a teacher shall be equal to his/her annual rate of compensation divided by the number of work days in the work year stipulated in this Agreement.

 

The Superintendent or his/her designee shall authorize special leave for those employees attending court as required by a summons as a Good Samaritan Witness (not being party to the action).  Other legal matters may be attended to by using a personal day.  Payment to the employee will be his/her regular rate of pay less the amount given the employee in said proceedings.

 

16.9  Days for Religious Observance

Consistent with prior School Committee practices, teachers shall be excused with pay for up to three (3) days per year in order to comply with the practices of their religious beliefs.  In order to be eligible for absence with pay, teachers must request permission for absence two (2) school days prior to the day that they will be absent.  Any absence for observances of religious days that have not previously been allowed are to be mutually agreed upon by the Franklin School Committee and the Franklin Education Association.

 

16.10  Paid Paternity Leave

An employee may use up to fourteen (14) days of accumulated sick leave, if available, for the purpose of attending to the birth of a child, into their family.

 

16.11  Paid Adoption Leave

An employee may use up to fourteen (14) days of accumulated sick leave, if available, for the purpose of attending to the adoption of a child into their family.

 

 

ARTICLE XVII
Leaves of Absence Without Pay

17.1  Association Service Leave

The Committee agrees that up to two (2) teachers designated by the Association will, upon request, 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. Upon return from such leave, a teacher will be considered as if he/she were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent.

 

17.2  Peace Corps Leave

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

 

 

 

17.3  Military Leave

Any person, either inducted or enlisting in the armed services of the United States, will be deemed to be on leave of absence until one (1) year after the expiration of such service.  He/she shall be entitled to all seniority rights, all salary increments or other benefits as though he/she were in active service in his/her position.  This leave is without pay.

 

17.4  Personal Sickness/Accident Leave

Any teacher employed in the Franklin School System may be granted a leave of absence without pay for up to one (1) year for personal sickness or accident.  Any teacher who accepts employment on such leave shall be deemed to have resigned unless the teacher has received permission for such employment from the School Committee.  Requests for such leaves will be supported by appropriate medical evidence.  Employees on leave beyond FMLA may continue group health insurance coverage during said leave at the applicable COBRA rate and subject to the rights and regulations of COBRA. 

 

17.5  Adoption Leave

In order to be eligible for leave time to extend beyond the requirements of FMLA, an employee must have two (2) full school years of seniority.  An employee who legally adopts a child shall be entitled to take an unpaid leave of absence for up to one (1) year.  In order to minimize disruption a teacher whose one-year Adoption Leave is scheduled to end on a date between the first day of school and the last day of the first semester of the school year, may be required to return on the first day of the school year. If the teacher is required to return on the first day of the next school year thereby reducing the length of the Adoption Leave of Absence, that teacher shall be granted a request for an unpaid Adoption Leave of Absence for the school year in which he/she would have been required to return on the first day of the school year.

 

A teacher whose Adoption Leave of Absence is scheduled to end on a date after the last day of the first semester of the school year, may be granted, with the agreement of the Superintendent and of the teacher, an Adoption Leave of Absence for the remainder of the school year in which the initial year’s Adoption Leave of Absence expires.

 

17.6  Career Exploration Leave

A leave of absence without pay for up to two (2) years will be granted to any teacher for career exploration.  Career Exploration Leave shall be granted only for full school years.  The Superintendent may deny Career Exploration Leave, which is requested in order that the employee may take another full time teaching position in Grades K - 12.

 

A teacher who desires a Career Exploration Leave shall apply in writing to the Superintendent no later than January 31 of the school year preceding the school year in which the teacher desires to take the Career Exploration Leave of Absence.

 

No later than March 1 of the school year in which the Career Exploration Leave of Absence expires, the teacher on said leave must notify the Superintendent, in writing by certified mail, return receipt, of his/her intention to return to work in the Franklin Public Schools. Delivery to Superintendent’s office represents receipt.  Any employee on a Career Exploration Leave of Absence who fails to notify the Superintendent, in writing, by March 1 of the school year preceding the expected date of return shall be deemed to have resigned.

 

No more than five (5) percent but not less than ten (10) people (whichever is greater) of the bargaining unit may be on a Career Exploration Leave of Absence during any one school year.

 

In the event the number of applicants in any category exceeds the above limits, the Superintendent shall select from among said applicants on the basis of the date of earliest application.

 

The Superintendent may grant Career Exploration Leave to applicants in excess of the limits described under this section if it is deemed to be in the best interests of the school system.

 

Once a Career Exploration Leave has been granted (one or two years), a teacher cannot apply again for at least seven (7) years after returning to active teaching in Franklin Public Schools.

 

17.7  Restoration of Benefits

All benefits to which a professional status teacher was entitled at the time of the commencement of the leave of absence, including unused accumulated sick leave, will be restored to him/her upon his/her return, and he/she will be assigned to the same position which he/she had at the time said leave commenced, if available, or if not, to a substantially equivalent position.

 

 

ARTICLE XVIII
Sabbatical Leaves

The Superintendent of Schools may grant sabbatical leaves for full time study for credit for a recognized degree beyond the Bachelor’s degree to a member of the teaching staff subject to the following conditions:

 

1.     No more than two (2) members of the teaching staff will be absent on sabbatical leave during the school year;

2.     Requests for sabbatical leave must be received by the Superintendent of Schools in writing in such form as may be required by the Superintendent of Schools no later than February l (except for good cause), and action must be taken on all such requests no later than April l of the school year preceding the school year for which the sabbatical leave is requested, or, if the teacher has already been granted a sabbatical leave, until the completion of another period of seven (7) consecutive full years of service in the Franklin School System;

3.     The teacher has completed at least seven (7) consecutive full school years of service in the Franklin School System;

4.     Teachers on sabbatical leave for one year will receive fifty percent (50%) and for one semester will receive up to one hundred percent (100%) of their regular salary at the time their leave commences for the period authorized by the Superintendent, provided that such pay, when added to any program grant or other financial assistance will not exceed the teacher’s regular salary rate; 

5.     Prior to the granting of a sabbatical leave, a teacher shall enter into a written agreement with the Superintendent that upon termination of such authorized leave, he/she will return to service in the Franklin School System for a period of two (2) years, in addition to a written contract with the Superintendent on the terms by which the teacher will go on sabbatical leave, and that, in default of completing said minimum service, or failing to live up to all aspects of the written contract, he/she shall refund to the Town of Franklin, an amount of money equal to such proportion of salary received by him/her while on leave as the amount of service not actually rendered as agreed, bears to the whole amount of service agreed to be rendered;

6.     Upon his or her return from sabbatical leave, a teacher’s salary shall be the same as he/she would have received had the period of his or her leave been spent in the Franklin School System, and he/she shall be returned to the same position which he or she held at the time said leave commenced, if available, or if not, to a substantially equivalent position.

 

 

 

 

 

ARTICLE XIX
Maternity Leave—Sick Leave

19.1  Maternity Sick Leave Provisions

The illness, or disability, resulting from pregnancy will be handled as it pertains to sick pay in the same manner as any other illness or disability, that is,

 

1.     In order to be eligible for leave time to extend beyond the requirements of FMLA (12 weeks), an employee must have two full school years of seniority.

2.     The teacher must be in a paid teaching status at the time of her illness or disability in order to qualify for sick pay.  See clarification in Article XXI, Section 21.2

3.     The length of time that teacher can collect sick pay is restricted to her accumulated sick days plus sick bank days per Article 16.7.

4.     Sick pay shall be allowed only for days teachers would normally be teaching during the regular school year.

5.     As in all long term illnesses, the teacher must present a medical certificate from a regularly licensed and practicing physician to the Superintendent indicating the specific diagnosis of the medical condition which prevents the teacher from continuing her duties and that this certificate indicates the date on which this illness or disability began or will begin.

6.     As in all cases of absences because of illness, the Superintendent may require the teacher to produce a medical certificate of disability from a regularly licensed and practicing physician when circumstances warrant suspected abuse.

        As a guideline for illness or disability from pregnancy, the Superintendent would normally expect the teacher to leave her job because of illness due to pregnancy no sooner than two (2) weeks before the date of the delivery of her child and that she would be disabled not more than eight (8) weeks after the birth of the child.  If the disability does not fall within these parameters, then the Superintendent may require the physician’s disability certificate to be updated weekly, and/or examination and diagnosis by a second regularly licensed and practicing physician.

7.     A teacher who becomes pregnant shall notify the Principal as soon as practicable in order that appropriate replacement arrangements may be made.  In order to be eligible for a Maternity Leave of Absence, beyond the maternity/disability leave, the teacher shall indicate in writing at least eight weeks prior to her expected date of delivery, whether or not she is requesting Maternity leave of Absence in addition to the maternity/disability leave.  The teacher must also indicate in writing at the same time the duration of the Maternity Leave of Absence she is requesting. 

8.     Teachers desirous of returning after pregnancy shall give written notice to the School Committee before leaving and shall indicate before leaving the anticipated time of return.  If a teacher returns within the same school year, or the beginning of the next school year, she shall be assigned to the same position at the beginning of the next school year she had at the time said leave commenced, provided the position has not been eliminated, or if so, a substantially equivalent position, if available.

        Appropriate medical evidence shall be required prior to return from pregnancy.  In order to minimize disruption, a teacher whose one year Maternity Leave is scheduled to end on a date between the first day of school and the last day of the first semester of the school year may be required to return on the first day of the school year.  If the teacher is required to return on the first day of the next school year thereby reducing the length of the Maternity Leave of Absence, that teacher shall be granted a request for an unpaid Maternity Leave of Absence for the school year in which she would have been required to return on the first day of the school year.

        A teacher whose maternity leave is scheduled to end on a date after the last day of the first semester of the school year may be granted, with the agreement of the Superintendent and of the teacher, and the approval of the School Committee, a Maternity Leave of Absence for the remainder of the school year in which the initial year’s Maternity Leave of Absence expires.

9.     If said teacher returns within one (1) year, she shall be placed on the same step of the salary schedule she was on when she left, except, if she left after one-hundred and six  (106) elapsed school days in that year, she shall be placed on the next step of the salary schedule.  All accrued benefits at the time the teacher commenced her leave, including unused, accumulated sick leave, shall be returned to her. 

10.   A teacher who wishes to resign from the Franklin Public Schools will do so in accordance with Article XIV herein.

 

19.2  Clarification

As a matter of clarification, if a teacher begins a leave without pay, maternity or otherwise, prior to the date of the teacher’s illness or disability, then the teacher would not be entitled to sick pay when she does, in fact, become ill or disabled during this leave without pay; except that, a woman would be entitled to use her accumulated sick leave if she becomes temporarily disabled while on a Maternity Leave of Absence by reason of the same pregnancy for which she had been granted the maternity leave.  However, a woman on a maternity Leave of Absence would not be eligible for sick leave for either a subsequent or a non-pregnancy related illness occurring while she is on leave.  Also, leave without pay because of illness or accident, maternity or otherwise, will commence no later than the first day the teacher is unable to teach and thus begins receiving sick pay.  Employees on leave beyond the requirements of FMLA may continue group health coverage during said leave at the applicable COBRA rate and subject to the rights and regulations of COBRA.

 

 

ARTICLE XX
Salaries

 

20.1  Salary Schedule

The annual salary schedules set forth in Appendix A Part I hereof apply to every teacher covered by this Agreement and specify the basic salary level for his/her work year.

 

20.2  Placement on Salary Schedule

The Superintendent of Schools is responsible for determining the starting salary for all new staff at the time they begin their service in the Franklin Public Schools.  The Superintendent will place the staff member at the salary level commensurate with his/her degree status reserving consideration for degree credits in a field other than education.  However, the Superintendent will not be required to grant credit for graduate credits in a field determined not to be aligned to the subject(s) or grades being taught. 

 

Effective on September 1, 2002, and thereafter, the Superintendent shall not be subject to any limit as to initial step placement which may not be less than that which is due the employee.  Likewise, it will be the Superintendent's responsibility to place an individual at the appropriate salary level.  Consideration may be given to relevant work experiences outside the field of education.  The Superintendent shall credit past teaching experience(s) and consider continued training and recent work in the field of education.  Otherwise, the Superintendent will utilize his/her judgment as to whether additional credit will or won't be given.

 

 

 

20.3  Advancement on Salary Schedule

1.     In order to be eligible to advance on the salary schedule, a teacher must have worked and/or been paid for at least 106 days in the previous school year.

2.     Advancement on the salary schedule shall be automatic for any teacher receiving a favorable professional evaluation.  Any teacher receiving an unfavorable professional evaluation shall be retained at the same step and column placement on the salary schedule for the school year following the unfavorable professional evaluation.  For purposes of this Article an “unfavorable professional evaluation” is defined for teachers as the principal’s judgment as indicated in writing on the second and third line of the Principals Evaluation Report, Appendix D Part III.  An “unfavorable professional evaluation” is defined for Directors/Department Heads as the Superintendent’s recommendation on the last line (Section VII) of the Director’s Evaluation Form that the Director/Department Head is not recommended for advancement on the salary schedule.  For purposes of this article, the “school year following the unfavorable professional evaluation” is defined as the first year following the unfavorable professional evaluation that the teacher is in a paid full time status in the Franklin School Department.

        After a teacher has received an unfavorable professional evaluation and has been retained at the same salary level for the following year, that teacher may petition the Superintendent of Schools to be placed at the salary level that said teacher would have achieved if they had not received an unfavorable professional evaluation.  The Superintendent shall at his/her sole discretion determine whether or not that teacher has sufficiently corrected the deficiencies which led to the unfavorable professional evaluation and may decide to restore or not to restore the teacher to the level he/she would have achieved had the unfavorable professional evaluation not occurred. 

        The minimum penalty for a teacher receiving an unfavorable professional evaluation is retention at the same salary level as the year in which he/she received the unfavorable professional evaluation for the first year following the unfavorable professional evaluation (as defined in preceding paragraph).  The discretion of the Superintendent in this matter shall not be subject to the grievance and arbitration procedure contained in this Agreement.

3.     The evaluation, which shall be made at least once during the academic year by principal, vice-principal, supervisor or director, shall be reviewed by the Superintendent.  If the Superintendent arrives at a recommendation which is inconsistent with the recommendation of the majority of the evaluators, he shall then document said recommendations.

4.     Teachers not recommended for advancement on the salary schedule shall have the right to appeal,  such appeal shall be made in writing to the Superintendent of Schools and forwarded to the evaluating team for a hearing (if not resolved).  Said aggrieved person shall be present at the hearing before the evaluating team. 

 

20.4  Method of Payment

Annual salaries shall be paid in one of the following ways:

 

1.     Twenty - six (26) pay cycle = Twenty-one (2l) equal installments with the last remaining five (5) installments to be paid in a single lump sum on or before June 30 of each year, said request to be made in writing by June 1.

2.     Twenty - two (22) pay cycle = Twenty-two (22) equal installments with the last payment to be paid on or before June 30th of each year.

3.     All staff will be subject to enrolling the town's Payroll Direct Deposit Program by January 1, 2008.

A paperless payroll system (also referred to at times as an on-line payroll system) may be utilized at the option of the School Committee.  Members will be provided with two (2) weeks’ notice of the conversion to the paperless payroll system.

 

20.5  Extra-Curricular Salaries

Salaries for extra-curricular activities shall be paid in accordance with the provisions of Appendix A Part III - The Extra-Curricular Activity Salary Schedule.  Extra-curricular activities are voluntary, and, if no teacher is available and qualified, then the Superintendent is free to hire persons from any source.

 

20.6  Miscellaneous Salary Benefit Provisions

Miscellaneous salary benefits such as longevity adjustments to the salary schedule of payment for work in excess of the number of days stipulated in the agreement shall be made for individual teachers in accordance with the provisions of Appendix A Part II - Miscellaneous Salary Benefits.

 

20.7  Committee to Explore Alternative Compensation

The Parties agree to form a joint committee comprised of an equal number of representatives designated by the Association and by the Committee to study an alternative compensation plan.  The joint committee shall bring back recommendation(s) to the negotiating teams for a plan to be effective for the 2012-2013 contract year.  The negotiating teams will reconvene to negotiate over the recommended alternative compensation plan.

 

 

ARTICLE XXI
Miscellaneous Benefits

21.1  Salary Deductions

1.     The Committee agrees to comply fully with the provisions of G.L. Chapter 71, Section 37B, concerning annuity plans.  A teacher may enroll in an annuity plan at any time up to December 1, of the given school year.  The anniversary date for all plans shall be December 1 of the given school year.

2.     Deductions for Savings Bonds will be made at the request of a teacher, provided such request is made timely, as required under the law, with the approval of the Town Treasurer.

3.     Deductions for the Franklin Credit Union and the Century Bank - Teachers Division will be made at the request of a teacher.

        Teachers who are having or interested in having monies withheld on payroll deductions from Franklin Credit Union or the Century Bank - Teachers Division shall direct all inquiries about the policies, practices and purposes of said credit unions to those credit unions and not to Town Officials.

4.     The School Committee hereby accepts the provisions of Section l7C of Chapter l80 of the General Laws of Massachusetts and, in accordance therewith, shall certify to the Treasurer of Franklin all payroll deductions for the payment of dues to the Association duly authorized by the employee in writing that they are covered by this Agreement.

 

21.2  Professional Improvement

The Committee will pay the reasonable expenses (including fees, meals, lodging and/or transportation) incurred by teachers who attend workshops, seminars, conferences, or other professional improvement sessions at the request, and with the advance approval, of their Principal and the Superintendent of Schools.  Attendance at any of the above will not be considered teacher absences.  A brief summary of said workshop, seminar, etc., may be required.

 

21.3  Course Reimbursement

Teachers will be reimbursed for qualified graduate level courses if the course falls within Appendix C as determined by the Superintendent and provided the teacher receives a grade of "B" or higher.  This benefit will be limited $1000 per teacher. There is a yearly cap on the total amount available for course reimbursement: $150,000 in the first year, $160,000 in the second year and $170,000 in the third year. It is expressly understood that such reimbursement is subject to verification by the university from which the course is taken and that the course actually meets for the required number of contact hours.  Verification of grade must be presented within 90 calendar days of the last day of the course in order to receive reimbursement.

 

Teachers will be eligible for reimbursement for:

                A)           Graduate Courses, (as outlined in Appendix C)

 

B)            Undergraduate Courses when the course is content specific and necessary in order to take graduate   courses in same content area.  (The same grade requirements as outlined in Appendix C pertain to this item.)

 

Reimbursement up to $125 will also be given for workshops if those workshops relate to changes in curricula.  An advisory committee consisting of the Superintendent (or designee), 2 principals, a teacher and a specialist designated by the President of the Franklin Education Association will be established to determine if the workshops are applicable.

 

Prior approval of course and/or workshops will be required.  The denial of a course because it does not fit the parameters of Appendix C or is determined to be non-applicable by the Committee will not be grievable.

 

In special circumstances, an additional course or workshop may be approved by the Superintendent for reimbursement.

 

 

ARTICLE XXII
Grievance and Arbitration

22.1  Definition

A grievance is defined as a complaint or dispute between the parties involving the meaning, interpretation or application of this Agreement.

 

22.2  Purpose

The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of employment of the employees covered by this Agreement.  The Committee and the Association collectively believe matters that are subject to dispute are best addressed at the lowest level possible and as informally as possible.  As such, affected teachers agree to meet with the building principal or other appropriate member of the administration and discuss specific issues with the intention of resolving such matters in an informal manner.  Affected teachers may, if they desire, be accompanied by a union representative at such informal meeting.  If such attempts are unsuccessful, the parties may resort to the formal grievance procedure.

 

22.3  Grievance Procedure

An employee may present the grievance to the Committee and have such grievance heard without intervention by the Association provided the Association is afforded the opportunity to be present at such conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect between the Committee and the Association.

 

Level One—The employee with a grievance will first discuss it with his/her principal or immediate supervisor with the object of resolving the matter informally.  A representative of the Association may be present.  The grievance must be submitted within thirty (30) school days from the date of occurrence of the grievance or the date of first knowledge of the grievance by any party affected by it.

 

Level Two—If, at the end of five (5) school days next following the meeting with the principal or immediate supervisor, the grievance is not disposed of to the employee’s and/or Association’s satisfaction, the employee and/or the Association may submit the matter, in writing, to the Superintendent of Schools within five (5) school days.  The Superintendent, within eight (8) school days of receipt of the written grievance, shall meet with the aggrieved employee and/or the Association in an effort to resolve the matter.  The Superintendent will respond, in writing, to the aggrieved employee and/or Association within five (5) school days following the meeting.

 

Level Three—If the grievance is still unresolved, the employee and/or Association shall present the grievance, in writing, to the School Committee within five (5) school days following the written response of the Superintendent.

 

The School Committee, at the next regular School Committee meeting, after receipt at a regular meeting of the written grievance, shall meet with the aggrieved employee and representatives of the Association in an effort to resolve the matter.

 

Level Four—If the Association is not satisfied with the disposition of the grievance at Level Three, the Association may, by giving written notice to the Committee within ten (10) school days following the receipt of the School Committee disposition, submit the grievance to the American Arbitration

Association for disposition in accordance with the applicable Rules of the American Arbitration Association, provided, however, no grievance shall be submitted to arbitration that:

 

1.     involves a matter which is outside the scope of the terms of this Agreement;

2.     involves a matter which could not as a matter of law be effectuated by the School Committee;

3.     involves a matter which was a proposal in negotiations but not included in the express terms of the Agreement;

4.     involves a matter which has not been presented in a timely fashion in accordance with the time limitations set forth herein.

 

22.4  Common Grievance

A grievance common to a group of two or more teachers in the same building shall be initiated at Level One with the principal of that building.

 

A grievance common to a group of two or more teachers in more than one building, but which is not a system-wide grievance, shall be initiated at Level One with a committee composed of the principals of the buildings involved.

 

A grievance involving teachers throughout the system shall be initiated at level One with a committee to be appointed for that purpose by the Superintendent.

 

The decision of the arbitrator shall be final and binding upon the parties.  The cost of the arbitrator shall be borne equally by the parties. No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of Franklin for any employee involved in presenting such grievance.

 

 

22.5  Summer Vacation Period

If a grievance being processed under this Article should commence during or extend into the summer vacation period, the parties agree to meet at mutually agreeable times in order to expedite the resolution of the issue.

 

 

 

ARTICLE XXIII
Miscellaneous Provisions

23.1  Professional Conditions Meeting

Upon written request of the Association, a meeting with the School Committee to discuss matters of the best interest of the Franklin School Department will take place at a mutually convenient time within fifteen (15) school days of receipt by the School Committee of the written request at a formal School Committee meeting.  Said request shall be in writing setting forth the matters to be discussed.  These meetings shall be informal and shall be arranged by the Superintendent at the mutual convenience of both parties.

 

23.2  Availability of School Committee Rules, Regulations and Minutes

The Association President, upon request, shall have a copy of the Rules and Regulations pursuant to Chapter 71, Section 37H, and also copies of approved School Committee minutes which are made public.

 

23.3  Distribution of Sick Leave Information

Information on accumulated sick leave shall be given on or before October first of each year.

 

23.4  Distribution of Teachers’ List

A list of teachers’ names and addresses, by building, where authorized, shall be given the Association President as soon as available.

 

23.5  Summer School Employment Opportunities

The Superintendent will advise the Association and post in each school, as soon as practicable, opportunities for employment in the summer school.  The selection of teachers for summer school assignments shall be solely the prerogative of the Superintendent.

 

 

ARTICLE XXIV
Textbooks

The Committee will order sufficient textbooks to insure that each pupil has textbooks for his/her own use while in a classroom.

 

 

ARTICLE XXV
No Reprisals

 

25.1  Committee Restriction

The Committee agrees that it will not discharge a teacher or take any job-related disciplinary action against a teacher for engaging in any activity resulting from the collective bargaining dispute between September l6, l977 and September 30, l977.

 

25.2  Association Restriction

The Association agrees that it and its members will not in any way discriminate or take any reprisal  against any student, parent, teacher, citizen or other school employee as a result of their activities or support of the School Committee relative to the collective bargaining dispute between September l6, l977 and September 30, l977.

 

 

ARTICLE XXVI
Extended Day Program

 

Staff with children enrolled in the Franklin Public Schools will have first priority for any openings in the Solutions Extended Day Program.  Employees are required to follow all applicable registration procedures.

 

ARTICLE XXVII
Agency Service Fee

 

The Committee agrees to require, as a condition of employment, that all employees, except those employees certified as members to the Committee by the Association, pay annually or by dues deduction to the Association, as of the 30th day subsequent to the effective date of this Agreement or 30 days subsequent to the execution of this Agreement, whichever is later, an Agency Service Fee.  The Agency Service Fee shall be equal to the amount required to become a member and remain a member in good standing of the exclusive bargaining agent and those with whom they are affiliated, to or from which membership dues are paid.  The amount of the fee will be consistent with statutory requirements and will be certified annually to the Committee by the Association.

 

However, it is expressly understood that any teacher who was not a member of the Union as of the 2000-2001 school year shall be exempted, if he/she so desires, from the requirements of this section for the duration of his/her employment by the Franklin Public Schools.

 

 

ARTICLE XXVIII
Health & Safety Committee

28.1  Committee

A Health and Safety Committee(HSC) will be established consisting of two representatives appointed by the school committee and two appointed by the association.  The HSC will be responsible for assisting the School Committee in establishing and maintaining a healthy and safe environment.

 

28.2  Reports to Principal

If a teacher has a concern that a situation exists which is a potential health or safety hazard, he/she shall bring it to the immediate attention to the building principal.

 

28.3 Reports to Health and Safety Committee

In the event that the principal fails to respond within forty-eight (48) hours of being notified of the existence of a potential hazard, the teacher may, either alone or through the Association, refer the matter to the HSC, which shall investigate the claim.  A recommendation to remedy the situation will be made to the superintendent by the HSC.

 

ARTICLE XXIX

On-Line Learning

 

The Parties agree to form a joint subcommittee to study the impact of on-line learning on working conditions of unit members, to report back to the parties with any recommended changes to be incorporated into the collective bargaining agreement.  Said joint subcommittee will hold its first meeting no later than September 1, 2011 and will report back its recommendations to the Parties no later than December 31, 2011.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

SECTION I
Salary Schedule

 

 

Contract Year 2010-2011 (0%increase)

 

 

 

 

 

 

Step

Bach

B + 15

B + 36/M

M Fld

M + 15

MFld + 15

M + 30

M + 45

MFld + 30

M + 60/D

1

38,960

40,489

42,803

43,184

44,732

45,113

46,653

47,333

47,037

48,588

2

40,933

42,858

45,173

45,556

47,101

47,495

49,073

49,788

49,413

50,962

3

43,755

45,233

47,547

47,929

49,477

49,861

51,399

52,150

51,788

53,332

4

46,107

48,044

50,382

50,770

52,330

52,723

54,275

55,067

54,665

56,220

5

48,500

50,447

52,781

53,171

54,720

55,113

56,588

57,413

57,056

58,620

6

50,895

52,837

55,171

55,560

57,120

57,511

59,068

59,930

59,455

61,017

7

53,784

55,747

58,106

58,497

60,059

60,455

62,025

62,930

62,420

63,996

8

56,205

58,165

60,519

60,916

62,486

62,877

64,454

65,395

64,844

66,420

9

58,620

60,585

62,942

63,336

64,907

65,298

66,865

67,842

67,263

68,833

10

65,067

67,162

65,372

65,762

67,335

67,729

69,301

70,313

69,698

71,264

11

 

 

71,760

72,186

73,856

74,279

71,264

72,305

71,666

73,232

12

 

 

 

 

 

 

78,045

79,184

78,469

76,200

13

 

 

 

 

 

 

 

 

 

82,242

 

 

 

 

Effective September 1, 2011 (1% increase)

 

 

 

 

 

 

Step

Bach

B + 15

B + 36/M

M Fld

M + 15

MFld +15

M + 30

M +45

MFld +30

M +60/D

1

39,350

40,894

43,231

43,616

45,179

45,564

47,120

47,806

47,507

49,074

2

41,342

43,287

45,625

46,012

47,572

47,970

49,564

50,286

49,907

51,472

3

44,193

45,685

48,022

48,408

49,972

50,360

51,913

52,672

52,306

53,865

4

46,568

48,524

50,886

51,278

52,853

53,250

54,818

55,618

55,212

56,782

5

48,985

50,951

53,309

53,703

55,267

55,664

57,154

57,987

57,627

59,206

6

51,404

53,365

55,723

56,116

57,691

58,086

59,659

60,529

60,050

61,627

7

54,322

56,304

58,687

59,082

60,660

61,060

62,645

63,559

63,044

64,636

8

56,767

58,747

61,124

61,525

63,111

63,506

65,099

66,049

65,492

67,084

9

59,206

61,191

63,571

63,969

65,556

65,951

67,534

68,520

67,936

69,521

10

65,718

67,834

66,026

66,420

68,008

68,406

69,994

71,016

70,395

71,977

11

 

 

72,478

72,908

74,595

75,022

71,977

73,028

72,383

73,964

12

 

 

 

 

 

 

78,825

79,976

79,254

76,962

13

 

 

 

 

 

 

 

 

 

83,064

 


 

 

 

 

 

Effective August 31, 2012 (0.5% increase)

 

 

 

 

 

Step

Bach

B + 15

B + 36/M

M Fld

M + 15

MFld +15

M +30

M +45

MFld +30

M + 60/D

1

39,547

41,098

43,447

43,834

45,405

45,792

47,356

48,045

47,745

49,319

2

41,549

43,503

45,853

46,242

47,810

48,210

49,812

50,537

50,157

51,729

3

44,414

45,913

48,262

48,650

50,222

50,612

52,173

52,935

52,568

54,134

4

46,801

48,767

51,140

51,534

53,117

53,516

55,092

55,896

55,488

57,066

5

49,230

51,206

53,576

53,972

55,543

55,942

57,440

58,277

57,915

59,502

6

51,661

53,632

56,002

56,397

57,979

58,376

59,957

60,832

60,350

61,935

7

54,594

56,586

58,980

59,377

60,963

61,365

62,958

63,877

63,359

64,959

8

57,051

59,041

61,430

61,833

63,427

63,824

65,424

66,379

65,819

67,419

9

59,502

61,497

63,889

64,289

65,884

66,281

67,872

68,863

68,276

69,869

10

66,047

68,173

66,356

66,752

68,348

68,748

70,344

71,371

70,747

72,337

11

 

 

72,840

73,273

74,968

75,397

72,337

73,393

72,745

74,334

12

 

 

 

 

 

 

79,219

80,376

79,650

77,347

13

 

 

 

 

 

 

 

 

 

83,479

 

 

 

 

 

 

 

 

 

 

 

 


 

SECTION II
Miscellaneous Salary Benefits

 

1.  Advanced Degrees for Elementary Teachers

For elementary teachers hired prior to August 31, 1995 and with a Master of Education Degree or Doctor of Education Degree will be considered Master of Education or Doctor of Education degrees in the field.

2.  Longevity Pay

Longevity will be available only to those teachers who have served for at least twenty (20) years in the Franklin School District.  Any such teacher shall be eligible to receive a longevity benefit in the amount of Four Thousand Dollars ($4000) per year for any single period of three consecutive years subject to the following conditions:

a.   The teacher must give written notice of his/her intent to access this longevity benefit to the Superintendent on or before November 1 of the school year preceding the year in which the teacher desires to begin receiving this benefit.

b.    Once given, the written notice will be irrevocable.

c.    Once the three (3) year period for this longevity benefit has been completed, the longevity benefits will terminate and the teacher will revert to the salary level that he/she would otherwise be at under the terms of the then effective Collective Bargaining Agreement.

 d.    There shall be no limit to the number of teachers eligible to participate in the plan, so long as they meet the eligibility requirements established herein.

Longevity monies paid out are no longer pensionable under MTRS after July 1, 2007.

3.  Payment for Work in Excess of Contracted Days

If a teacher is required to teach in excess of one hundred eighty-three (183) days, the teacher will be paid at the rate of one one-hundred eighty-three (1/183) of the current salary for each day worked.  This formula does not apply to Chapter 1 teachers, summer school teachers, evening education teachers or other similarly employed staff.

4.  Director/Department Heads

Each year a Director/Department Head will receive sixty-eight dollars and thirty-one cents ($68.31) per teacher under his/her direct supervision.

5.  Directors’ Teaching Load

Directors shall not be required to teach more than three (3) periods and Department Heads shall not be required to teach more than four (4) periods per day.

6.  Alternative Discipline Program

Teachers participating in the ADP program will be paid additional monies at the rate of

 $24.29 per hour.

7.  Lane Change Notification Deadline

Any staff member requesting a change in lane status must notify the Superintendent by January 31 preceding the first day of school of the year in which the teacher will qualify for movement into a higher lane.  Teachers must indicate the lane into which they plan to move.  They also must submit evidence of the lane change no later than November 30th of the following school year to be eligible for movement that year.  Staff may only submit one change request for one lane only per year.

 

 

 

8.  National Board Certification

Teachers shall be paid the annual amount of two thousand dollars ($2,000.00) for possessing and maintaining National Board Certification.  Payment is to be made in the last paycheck of the school year.

 

9.  Mentors

Mentors shall be selected by the administration and shall be compensated as follows: 

Step 1                     $300 plus 3 In-service credits for use in movement across the salary schedule

Step 2                     $300 plus 3 In-service credits for use in movement across the salary schedule

Step 3                     $850

Step 4                     $850 plus percentage increase in stipend contract

 

10.  Curriculum Committees and Curriculum Enhancement Teachers

It shall be in the sole discretion of the Superintendent as to whether to convene a curriculum committee in a particular subject/level.  Curriculum Committee members will be paid their per diem rate for work performed during the summer weeks, which time shall be scheduled by mutual agreement between the members and the Administration.

At the middle and high school levels, curriculum enhancement teachers will be assigned not more than three teaching periods per day.  At the elementary level, curriculum enhancement teachers will be freed from one-half of their workday to perform their CET duties.

11.  Extracurricular Salaries

The salary scale for extracurricular and coaching salaries is based upon a mutually agreed upon formula.  It is agreed, future new positions require the review and recommendation of a joint committee comprised of three representatives each from the Franklin School Committee and the Franklin Education Association.

12.  Open Circle Consultants

Teachers serving as open circle consultants will receive a stipend of $250.

 

13.  Additional Contracted Work

Teachers contracted for additional work by the Town of Franklin or the Franklin Public Schools will be paid an hourly wage of $25.00.  Effective September 1, 2011, this hourly wage will be increased to $27.00.

 

 

14.  Any agreed upon percentage increase negotiated in Appendix A, Section I will also be applied to Appendix A, Section II Instructional Stipends, Section III Non-Instructional Stipends and Appendix B Coaches Stipends.

 


 

Section II

Instructional Stipends

 

Position

 

2010-2011

9/1/2011

8/31/2012

 

Director/Department Head

 

 

 

$4,251.93

 

$4,294.45

 

$4,315.92

 

Coordinator

 

 

 

$1,248.29

 

$1,260.77

 

$1,267.08

 

Building Technology Coordinator/

Content Area Coordinators

 

 

 

$1,566.58

 

$1,582.25

 

$1,590.16

 

Elementary Spanish Coordinator

 

 

 

$1,566.58

 

$1,582.25

 

$1,590.16

 

Head Teacher

 

 

 

$903.37

 

$912.40

 

$916.62

 

Curriculum Committee Chair

 

 

 

$2,522.65

 

$2,547.88

 

$2,560.62

 

Curriculum Committee Member

 

 

 

$1,891.98

 

$1,910.90

 

$1,920.45

 

 

The Coordinator of Nurses will receive a stipend of $2,000 per year for executing the duties and responsibilities outlined in the job description for Nurse Coordinator.

 

Effective September 1, 2011, Team Chairs will receive a stipend of $1,000.00 per year for the additional duties and responsibilities of the position


SECTION III
Non-Instructional Stipends

 

High School Level

Factor

Base

2010-2011

Base

2011-2012

Base

Effective August 31, 2012

Academic Decathlon

21.6

390

$8,424

394

$8,510

396

$8,554

Asst Band Director

5.5

390

$2,145

394

$2,167

396

$2,178

Chorus Director

3.8

390

$1,482

394

$1,497

396

$1,505

Chorus Director - Select

4.5

390

$1,755

394

$1,773

396

$1,782

Class Advisors 9, 10, 11

5.1

390

$1,989

394

$2,009

396

$2,020

Class Advisor, 12

8.1

390

$3,159

394

$3,191

396

$3,208

Classics Club Advisor

4.2

390

$1,638

394

$1,655

396

$1,663

Color Guard Instructor

5.5

390

$2,145

394

$2,167

396

$2,178

Concert Band Director

4.5

390

$1,755

394

$1,773

396

$1,782

Drama Coach

8.1

390

$3,159

394

$3,191

396

$3,208

Gay/Straight Alliance

2.2

390

$858

394

$867

396

$871

Jazz Band Director

8

390

$3,120

394

$3,152

396

$3,168

Marching Band Director

11.3

390

$4,407

394

$4,452

396

$4,475

Marching Instructor

5.5

390

$2,145

394

$2,167

396

$2,178

Math Club Advisor

6.7

390

$2,613

394

$2,640

396

$2,653

Mock Trial Advisor - High School

4.2

390

$1,638

394

$1,655

396

$1,663

National Honor Society

3.6

390

$1,404

394

$1,418

396

$1,426

Orchestra Director

4.5

390

$1,755

394

$1,773

396

$1,782

OSKEY

6.7

390

$2,613

394

$2,640

396

$2,653

Panther Pause

9.9

390

$3,861

394

$3,901

396

$3,920

Peer Leadership Advisor (2 @ HS)

5.1

390

$1,989

394

$2,009

396

$2,020

Percussion Instructor

5.5

390

$2,145

394

$2,167

396

$2,178

SADD Advisor (1 @ HS)

3.9

390

$1,521

394

$1,537

396

$1,544

School Newspaper Advisor

6.2

390

$2,418

394

$2,443

396

$2,455

Ski Club Advisor

3.9

390

$1,521

394

$1,537

396

$1,544

String Ensemble Director

4.5

390

$1,755

394

$1,773

396

$1,782

Student Council Advisor

6.7

390

$2,613

394

$2,640

396

$2,653

Yearbook Advisor

11.2

390

$4,368

394

$4,413

396

$4,435

Green Team

4.2

390

$1,638

394

$1,655

396

$1,663

Mirage

5.2

390

$2,028

394

$2,049

396

$2,059

Young Democrats

2.9

390

$1,872

394

$1,143

396

$1,148

Empty Bowls

6.7

390

$2,613

394

$2,640

396

$2,653

Best Buddies

 

 

 

 

$1,000

 

$1,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


Middle School Level

Factor

Base

2010-2011

Base

2011-2012

Base

Effective August 31, 2012

Advanced Band Director

3.1

390

$1,209

394

$1,221

396

$1,228

Art Club Advisor

4.5

390

$1,755

394

$1,773

396

$1,782

Chess Club Advisor

4.2

390

$1,638

394

$1,655

396

$1,663

Chorus Director—Grade 6

2.9

390

$1,131

394

$1,143

396

$1,148

Chorus Director—Grades 7 & 8

3.1

390

$1,209

394

$1,221

396

$1,228

Chorus Director - Select

3.1

390

$1,209

394

$1,221

396

$1,228

Computer Club Advisor

4.8

390

$1,872

394

$1,891

396

$1,901

Drama Club Coach

5.4

390

$2,106

394

$2,128

396

$2,138

Homework Club Advisor

4.8

390

$1,872

394

$1,891

396

$1,901

Intermediate Band Director

2.9

390

$1,131

394

$1,143

396

$1,148

Intramural Advisor

6.2

390

$2,418

394

$2,443

396

$2,455

Jazz Band Director

4.5

390

$1,755

394

$1,773

396

$1,782

Musical Production Director, MS

6.6

390

$2,574

394

$2,600

396

$2,614

Newspaper Advisor

6.2

390

$2,418

394

$2,443

396

$2,455

Proud to be Substance Free (2@ ea MS)

3

390

$1,170

394

$1,182

396

$1,188

Science Olympiad

4.2

390

$1,638

394

$1,655

396

$1,663

Strings Director

2.9

390

$1,131

394

$1,143

396

$1,148

Student Council

6.7

390

$2,613

394

$2,640

396

$2,653

Track- Middle School

3.9

390

$1,521

394

$1,537

396

$1,544

Best Buddies

 

 

 

 

$1,000

 

$1,000

Comuniteen

4.2

390

$1,638

394

$1,655

396

$1,663

SIMS Club

4.2

390

$1,638

394

$1,655

396

$1,663

Fitness

4.2

390

$1,638

394

$1,655

396

$1,663

Engineering

4.2

390

$1,638

394

$1,655

396

$1,663

Wired Teens

4.2

390

$1,638

394

$1,655

396

$1,663

Creative Writing

4.2

390

$1,638

394

$1,655

396

$1,663

Latin

4.2

390

$1,638

394

$1,655

396

$1,663

Rock Band

4.2

390

$1,638

394

$1,655

396

$1,663

Lego/ Games/Chess Club

4.2

390

$1,638

394

$1,655

396

$1,663

Adventure

4.2

390

$1,638

394

$1,655

396

$1,663

 

 

 

 

 

 

 

 

Elementary Level 

Factor

Base

2010-2011

Base

2011-2012

Base

Effective August 31, 2012

Too Good for Drugs (1 @ each Elem)

2

390

$780

394

$788

396

$792

 

 

 

 

 

 

 

 

 

 

*  All stipends shall be calculated by multiplying the appropriate factor by the base values identified herein.

 


 

Coaches Stipends

 

Sport

 FY10-11

Effective

9-1-2011

 Effective   8-31-2012

 

 

 

 

 

 

 

 

 

 

Tier 1

 

 

 

 

 

 

Football Head Coach

 $8,603.00

 $8,689.00

 $  8,732.00

 

 

 

Asst 1:  formerly JV

 $5,162.00

 $5,214.00

 $  5,240.00

 

 

 

Asst 2:  formerly Freshman Football

 $4,301.00

 $4,344.00

 $  4,366.00

 

 

 

Asst 3:  formerly Varsity Assistant

 $3,011.00

 $3,041.00

 $  3,056.00

 

 

 

 

 

 

 

 

 

 

Tier 2

 

 

 

 

 

 

Basketball, Hockey, Wrestling Head Coach

 $6,385.00

 $6,449.00

 $  6,481.00

 

 

 

Asst 1:  formerly JV

 $3,831.00

 $3,869.00

 $  3,888.00

 

 

 

Asst 2:  formerly Freshman Football

 $3,192.00

 $3,224.00

 $  3,240.00

 

 

 

Asst 3:  formerly Varsity Assistant

 $2,235.00

 $2,257.00

 $  2,268.00

 

 

 

 

 

 

 

 

 

 

Tier 3

 

 

 

 

 

 

Baseball, Softball, Soccer, Volleyball, Indoor & Outdoor Track, X Country, Lacrosse, & Field Hockey Head Coach

 $5,238.00

 $5,290.00

 $  5,316.00

 

 

 

Asst 1:  formerly JV

 $3,143.00

 $3,174.00

 $  3,190.00

 

 

 

Asst 2:  formerly Freshman Football

 $2,619.00

 $2,645.00

 $  2,658.00

 

 

 

Asst 3:  formerly Varsity Assistant

 $1,833.00

 $1,851.00

 $  1,860.00

 

 

 

 

 

 

 

 

 

 

Tier 4

 

 

 

 

 

 

Golf, Tennis, & Cheer Head Coach

 $3,599.00

 $3,635.00

 $  3,653.00

 

 

 

Asst 1:  formerly JV

 $2,180.00

 $2,202.00

 $  2,213.00

 

 

 

Asst 2:  formerly Freshman Football

 $1,816.00

 $1,834.00

 $  1,843.00

 

 

 

Asst 3:  formerly Varsity Assistant

 $1,271.00

 $1,284.00

 $  1,290.00

 

 

 

 

 

 

 

 

 

 

Tier 5

 

 

 

 

 

 

Weightroom Supervisor*

 $   800.00

 

 

 

 

 

 

 

 

 

 

 

 

*Tier 5, Weight Supervisor is a flat rate not affected by Steps nor percentage increases or decreases.

 

**Coaches above this pay scale are currently frozen until rate matches or position turns over. 

 

 

Steps work backwards from the hightest Step of each, similar to Step concept in teachers' contract.

 

 

 

 

 

 

 

 

Step 1:  subtract 18% of Step 4

 

 

 

 

 

 

Step 2:  subtract 12% of Step 4

 

 

 

 

 

 

Step 3:  subtract 6% of Step 4

 

 

 

 

 

 

Step 4:  Highest Step in pay on the tier chart.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*  All stipends shall be calculated by multiplying the appropriate factor by the base values identified herein.

 


Modification of Teachers’ Salary Schedule

 

             Column Heading                                        Requirements

Bachelor’s Degree

Bachelor’s degree from an accredited college or university

Bachelor’s Degree + 15 Credits

Teacher received 15 or more graduate credits at an accredited college or university*

Master’s Degree or B + 36 Credits

Teacher awarded a Master’s Degree (regardless of the number of credits required, whether it is 30, 45, or 60) or teacher received 36 or more graduate credits at an accredited college or university*

Master’s Degree + 15 Credits

Teacher received 15 or more graduate credits at an accredited college or university*

Master’s Degree + 30 Credits

Teacher received 30 or more graduate credits at an accredited college or university*

Master's Degree + 45

Credits

 

Teacher received 45 or more graduate credits at an accredited college or university*

Doctorate or M + 60 Credits

Teacher awarded Doctorate from an accredited college or university or who has received sixty (60) or more graduate credits from an accredited college or university*

 

All individuals in field columns at present will be kept in their appropriate column at no loss of benefit.  These field columns will remain as part of the salary schedule until such time that no member of the Association is contained in them.  No new members to the column of field will occur.

 

* Approval of credit affects B+15, B+36, M+15, M+30, M+45 and M+60 lanes shall be granted as follows:

 

Upon submission of an official transcript or an official grade report from an accredited college or university indicating the awarding of graduate credits in the area of certification where the teacher is certified and/or is teaching.

 

Upon submission of an official transcript or an official grade report from an accredited college or university indicating the awarding of graduate credits:

 

a.     In the area of certification closely related to the teacher’s current teaching assignment.

b.     In an academic discipline other than sports or leisure activity directly related to educational programs or services offered within the Franklin School System.

 

In cases where a teacher intends to take graduate courses at an accredited college or university in areas or situations which are not clearly covered under category a and b as above, that teacher shall be required to obtain written prior approval from the Superintendent in order to receive lane credit(s) for the course(s).  Failure to receive written prior approval from the Superintendent for any courses that do not fall under categories a and b, shall result in the teacher not receiving lane credit(s) for the course(s).  Once approval has been granted, the teacher shall submit an official transcript from an accredited college or university indicating the awarding of graduate credits.

 

Upon submission of a proof of completion from a MTA/NEA or NCTA 3-credit graduate-level course, accepted by an accredited college or university.  The Superintendent’s prior approval will be required.

 


All provisions of the Franklin Education Association/School Committee Teacher Agreement are applicable to Chapter 1/Title One unit with the exception of the following paragraphs:

 

        6.1, 7.1, 8.4, 10.1, 10.2, 10.4, 10.5, 10.7, 10.9, 11, 16.1, 16.2, 16.4, 16.7, 17.6, 17.7, 18, 20, 26, Appendix A: Sections I and II

 

        The following additional provisions are applicable to the Chapter 1/Title One Bargaining Unit employees.

 

ARTICLE VI
Work Year

6.1  Length of Work Year

The number of workdays; the number of hours; and the configuration of the program and assignments are at the annual discretion of the School Committee.

 

6.2  Hours

Chapter 1/Title One employees will be assigned sufficient number of hours to qualify for Town Health Insurance and other group benefits.

 

6.3  Holidays

Chapter 1/Title One employees shall receive a full day’s pay for the following holidays during the term of this Agreement:

 

        Veterans’ Day               Thanksgiving                   Christmas                    New Year’s Day             Memorial Day

        Labor Day                     Columbus Day                  Martin Luther King Day                                     Presidents' Day

        Patriots' Day

 

Employees shall be paid for one (1) day per year in order to comply with the practices of their religious beliefs.

 

6.4  After Work Day Requirements

Any work performed by Chapter 1/Title One employees at the request of the respective administrator and in excess of assigned school hours will be paid at their hourly rate.

 

When meetings are held after their workday, the Chapter I/Title One employees will be assigned and paid for up to two additional hours of work and for the time to attend the meeting.

 

Chapter 1/Title One employees required to attend after school functions during the school year including meetings, parent workshops, night school, conferences, including Early Release Days or student activities will be paid at their hourly rate.

 

6.5  Inclement Weather/Emergencies

Chapter 1/Title One employees will be paid for one day when school is canceled.

 

When there is a delayed opening, Chapter 1/Title One employees’ schedules will be modified to insure that their hours of employment are equal to their assigned hours for that day which would conclude by 2:40 p.m.

 

 

 

 

 

ARTICLE X
Hours and Workload

10.1  Duty Free Lunch

The School Committee will provide each Chapter 1/Title One employee with at least a twenty(20) minute duty free lunch period per day except in cases of emergency.  Said twenty (20) minutes shall not include walking students to and from the lunchroom.

 

10.2  Preparation Period

The Committee will provide each Chapter 1/Title One employee at least a thirty(30) minute preparation period in addition to their duty free lunch period.  The preparation period shall not include any supervisory responsibilities.

 

 

ARTICLE XI
Reduction in Force

11.1  Employment

Chapter 1/Title One employees are hired on a year-to-year basis.  The Chapter 1/Title One program and annual appointment thereto, are subject to Federal Funding and the educational objectives of the School Committee.

 

11.2  Seniority

Seniority means an employee’s total number of accumulated hours of employment commencing with the first date of employment (not hiring) as a Chapter 1/Title One employee on a paid basis in the Franklin Public Schools and is limited to Chapter 1/Title One service.

 

An unpaid leave of absence shall be construed to be non active service and will not be included in determining the total length of service.  However, such leaves will not be construed to break active service and seniority will mean the total accumulated hours preceding the unpaid leave, added to the total number of hours after resuming active duty after the leave of absence.

 

In the event that any employees employed for the 1994-1995 school year tied for seniority, said ties will be broken by lottery within thirty (30) days of the execution of this Agreement.

 

All future ties will be broken by November 1 of each school year.

 

11.3  Reemployment

Chapter 1/Title One employees will be listed on a Chapter 1/Title One list in the order of their seniority.

 

Chapter 1/Title One employees will be reemployed in the order of seniority to vacancies which exist with the most seniority being reemployed first provided said employee(s) are certified and qualified.  All employees from the previous school year will be notified of their reemployment status within (30) calendar days of the grant approval.

 

Reemployment rights shall exist for fifteen (15) months from the expiration of the annual contract.  However failure to accept an offer of employment for a position equivalent to the position previously held, shall terminate rights for reemployment.

 

11.4  Seniority List

The Administration will prepare annually by November 1 of each school year a seniority list of all Chapter I/Title One employees.  Employees will have a right to challenge their placement on the list within thirty (30) calendar days of the publication of the list.

 

Challenges to the seniority list will be resolved through the Grievance Procedure.

 

 

11.5  Restoration of Benefits

Employees who are reemployed pursuant to this Article shall be credited with such salary and fringe benefits as they were entitled to at the last date of employment.

 

 

ARTICLE XVI
Paid Absence and Leave Benefits

16.1  Sick Leave

Chapter I/Title One employees will be entitled to fourteen (14) sick days per year for absence without loss of pay.  The maximum accumulation shall be 125 days. 

 

The Superintendent may require an employee to produce a medical certification of disability from a regularly licensed and practicing physician when circumstances warrant suspected abuse.

 

16.2  Personal Leave

Personal leave time totaling two (2) days per calendar year, with pay will be granted to each employee for the purpose of conducting urgent personal business which cannot be handled outside the regular work day.  One of the two personal leave days will be approved at the discretion of the Chapter/Title One Director. Personal leave will be approved at the discretion of the Chapter/Title I Director whose discretion shall not be unreasonably exercised.  A minimum of twenty-four hours notice will be given except in cases of emergency.

 

Personal days shall not be taken for recreational and/or leisure activities, and shall be non-cumulative, and may not be taken the day before or the day after a school vacation or holiday.

 

 

ARTICLE XXVI
Just Cause

 

Although Chapter I/Title One employees’ annual contract or employment expires on or about June 30 of each year, certified and qualified employees shall be reappointed in his/her order of seniority for whatever vacancies may exist in the next school year.  Failure to renew for existing vacancies is subject to the grievance and arbitration procedure under the just clause standard for unit employees who have completed 3 or more years.

 

First year Chapter I/Title One employees serve at the pleasure of the School Committee/designee until the 91st day of service.

 

All Chapter I/Title One employees who have served more than 90 days shall not be reduced in rank or compensation, suspended or dismissed during that academic year without just cause.

 

 

ARTICLE XXVII

The Franklin Education Association and the Franklin School Committee agree that during the 2010-2012 contractual agreement the allocation of funds within the Chapter I/Title One grant for salary and compensation benefits to Chapter I/Title One employees will be established in a collaborative manner.  There will be an annual review of this program to compensate and adjust for any changes in Chapter I/Title One funding.  All decisions will be consistent with State and Federal regulations and guidelines applicable to Chapter (Title) I.

 


Appendix A           Salary Schedule

 

                                        Salary Schedule

                                                                               

Step 1                                                     26.51

Step 2                                                     28.37

Step 3                                                     31.82

 

 

 

Article XXVIII

Longevity

 

Longevity pay will be granted to teachers each year as follows:

 

After completion of Consecutive Years in Franklin                                       Amount

 

   5 - 10  Years                                                                                                                        $   500.

 11 - 15   Years                                                                                                                       $   900.

        16+ Years                                                                                                                       $ 1,100.

 

               

 


                                     

Appendix D Staff Evaluation Policies and Procedures

 

 

Professional Evaluation Program

Evaluation is a cooperative and continuous process undertaken to improve the quality of instruction and to facilitate professional growth of the individual.  Franklin’s procedure for evaluation is consistent with this attitude and seeks improved educational outcomes for students through emphasis on the quality of the teaching process.  Staff members will be evaluated based on the Massachusetts Principles of Effective teaching.  Those principles are:

 

  1. Currency in the Curriculum
  2. Effective Planning and Assessment of Curriculum and Instruction
  3. Effective Management of Classroom Environment
  4. Effective Instruction
  5. Promotion of High Standards and Expectation for Students’ Achievement
  6. Promotion of Equity and Appreciation of Diversity
  7. Fulfillment of Professional Responsibilities

 

It is understood that there are varied ways that a staff member may demonstrate professional growth.  The evaluation process detailed below includes five different options for staff evaluation:

 

 

* ONLY AVAILABLE TO PROFESSIONAL STATUS STAFF

 

At least once every three to four years, a staff member with professional status must go through the observation cycle; staff members with professional status may choose which evaluation option they wish to use for years two and three. VETERAN PROFESSIONAL STATUS STAFF WHO HAVE TEN YEARS EXPERIENCE IN FRANKLIN AND CHOOSING AN ALTERNATE PATHWAY IN BOTH YEARS TWO AND THREE WILL BE EXEMPT FROM OBSERVATION AND IN HIATUS FOR ONE YEAR.  THEY SHALL RE-ENTER THE OBSERVATION CYCLE, SPECIFICALLY YEAR ONE OBSERVATION, IN THE FOLLOWING YEAR.  Staff members without professional status continue in the observation cycle for the first three years of their employment in the district.  Staff members who are not recommended for an alternate evaluation cycle based on the Principal’s Final Evaluation Report will continue in the observation cycle until such time as their evaluation status changes.

 

Alternate Evaluation Pathways

 

 

No later than October 1, staff members must return Appendix Form D8 to the principal and schedule a focus conference with him/her.  A teacher who chooses an alternate evaluation pathway must meet twice per year with his/her evaluator.  The second conference must take place no later than February 1 and the third conference no later than June 1.  A rubric for assessing completion of the evaluation requirements for each of the alternate pathways follows the alternate evaluation description.

                                                                                                                                            

Glossary of Terms

 

Focus Conference: a mandatory meeting for professional status staff to define which Principles of Effective Teaching the staff member will focus on for the year.

Pre-Observation Conference:  an optional meeting at the staff member’s discretion to share pertinent information about the lesson to be observed.  This pre-observation conference is available to both professional status staff and non-professional status staff for the first observation each year. The observation will occur within 3 to 5 days of the pre-observation conference.

Pre-Write Up Conference: a mandatory meeting to clarify, to answer questions, or to explain particular aspects of the lesson observed.

Post Write-Up Conference:  an optional meeting at the staff member’s discretion to clarify questions regarding the written account of the observation.

Evaluator:  an individual with an administrative certification who has successfully completed coursework in supervision and evaluation.  Evaluator is not a member of Unit A. 

Hiatus:  Option available to professional status teacher who has completed 10 years of service in the Franklin Public Schools.  This option is available after the teacher has completed 2 consecutive years in the alternate evaluation pathway. Teachers in hiatus will not be formally observed but will receive the principal’s evaluation in June. 

 

Observations

It is understood that one way in which an administrator and a staff member may work cooperatively toward improving the teaching/learning process is for them to have the opportunity to meet regularly throughout the school year to identify and confer about instructional goals through a series of observations and observation conferences.

The professional status staff observation cycle for evaluation will include: a focus conference (October 15 deadline) at which the staff member and administrator mutually define which PRINCIPLES OF EFFECTIVE TEACHING the staff member will focus on for the year.  If the teacher has more than one principal, then the principal in whose building the teacher spends the most time teaching will be responsible for the evaluation report, but said principal or assistant principal will receive input from other principals.  All staff members with professional status in the observation cycle will be observed at least once per year.  All staff members without professional status will be observed at least once per year.  For staff members without professional status, the first observation will take place by December 1: HOWEVER SHOULD THE OBSERVATION INDICATE AN UNFAVORABLE RATING, THEN THE EVALUATOR WILL CONDUCT AN ADDITIONAL OBSERVATION PRIOR TO APRIL 1. Any staff member will have the option of requesting a pre-observation conference with his/her observer/evaluator. Following the observation of either a professional status or non professional status staff member, a pre-write up conference will take place no later than four (4) school days, to clarify, to answer questions, or to explain particular aspects of the lesson observed.  The pre-write up conference will promote a more meaningful written observation.  Following this conference, the observer/evaluator will then write up a narrative account of the observation with specific examples of how the staff member addressed the individual principles of effective teaching during the lesson. The staff member will receive the narrative within three (3) school days following the pre-write up conference.  The staff member will have the opportunity to comment on the observer’s narrative and to indicate agreement, disagreement or request a post-write up conference.  A post-write up conference to clarify questions regarding the written account of the observation must be requested and held within three (3) school days.  At the conclusion of the post-write up conference, the staff member must indicate agreement or disagreement and sign Section IV of the observation form.

 

Should the observer/evaluator identify any area or areas as focus for growth, then he/she will develop specific recommendations to promote growth.

 

Should the observer/evaluator have significant concerns identified as “unfavorable”, the observer/evaluator will:

 

ANY STAFF MEMBER WITH AN UNFAVORABLE RATING IS ENTITLED TO REQUEST AN OBSERVATION BY ANOTHER EVALUATOR.  THIS OPTION IS ALSO AVAILABLE TO EVALUATORS.  EVALUATORS CANnot BE MEMBERS OF unit A.

 

The observation of staff members will occur at appropriate times within the school year and will not occur on days preceding or following holidays or school vacation days.  Observations will not occur on the day following a staff member’s absence.

 

In the interest of professional growth, comments are required or desired throughout the instrument.  When “Focus for Growth” or “Unfavorable” ratings are indicated, comments, recommendations, or explanations are required.  Otherwise, when comments are desired, the observer or evaluator and the staff member are encouraged to avail themselves of the opportunity to exchange feelings and ideas.

                                                                                                                                            

 “Favorable” is intended to mean an acceptable standard of instructional practice.  Focus for Growth” is intended to mean a standard of practice that requires a staff member’s attention on improved instructional and professional practice.

 

There will be three instruments for evaluation:

    1. Teachers (includes classroom teachers, special education teachers, librarians, speech and language therapists, curriculum specialists, special education team chairs)
    2. Student Services Professional Staff (guidance counselors, school adjustment counselors, and psychologists)

C.     Directors

 

 

 

Part I – Observation Form

 

The Observation Form is concerned with the overall effectiveness of all professional personnel.  All staff members in the observation cycle shall receive a minimum of one observation during the academic year by the principal, or assistant principal.  If a pre-observation conference has not been requested, then observations may be unannounced with one exception:  the first observation for staff members without professional status will be mutually scheduled between the observer/evaluator and the staff member.  Given reasonable circumstances, a staff member may request a postponement of the unannounced observation.  Each observation will not be less than twenty minutes in duration.

 

At the time of the observation, the observer will give the staff member Section III of the Observation Form (Staff Member Comments).  This section is to be completed by the staff member prior to the pre-write up conference when a copy of it will be given to the observer.

 

The pre-write up conference will be held after each observation at a mutually agreed time.  This conference will take place as soon as possible after the observation, but no later than four school days following the observation.  The observer/evaluator and the staff member will discuss the data collected through the observation.  The staff member will have the opportunity to elaborate on individual aspects of the lesson observed and to clarify any questions or concerns raised by the observer/evaluator.  The observer/evaluator will then develop the written observation and/or evaluation report which will be returned to the staff member within three (3) school days of the pre-write up conference (for timelines and specifics, see Observation, paragraph 3.)

 

Part II – Principal’s Interim Evaluation Report

 

In instances where the observation(s) indicate areas requiring improvement, a Principal’s Interim Evaluation Report may be completed and given to the staff member by the principal, no later than January 31.  No later than June 1, the principal will complete another interim report to the Superintendent, if warranted, by a noticeable change in the staff member’s performance, and will forward a copy to the staff member.  The staff member also will have the option of requesting and receiving the completion of such report.

 

Part III – Final Evaluation Report

 

The principal or assistant principal shall complete the Final Evaluation Report and a copy of it will be given to the staff member no later than five (5) school days prior to the last day of school.  Principals or assistant principals will complete the Final Evaluation Report by May 1 for any staff member for whom they expect to submit an unfavorable professional evaluation.  Five days prior to the last day of school, the Superintendent shall notify in writing all non-professional staff member status personnel whom he/she does not intend to reappoint.  Prior to April 15, the Superintendent shall notify in writing all professional staff status personnel whom he/she does not intend to reappoint.  The principal shall submit the report and all observation forms to the Central Office no later than the last day of school for review by the Superintendent of Schools.  All records will become part of the staff member’s personnel file. 

 

 

 

 

 

 

 

 


 

 

                                                                                                                                                                 FORM D1

FRANKLIN PUBLIC SCHOOLS

PART 1 – OBSERVATION FORM (checklist) – TEACHERS

 

Name__________________________________________________________________Date_________________

School___________________________________________Subject_____________________________________

Day___________________Time____________Period___________Observer_____________________________

Length of Observation__________________________________________________________________________________

Extenuating Circumstances________________________________________________________________________________

Lesson Observed (Topic and/or Activity)______________________________________________________________________

Text Box: FavorableText Box: Focus for
Growth
Text Box: Not 
Applicable
Text Box: Unfavorable                                                                                                                                                               

Comments are desired for each criteria, but recommendations

are required for each “Focus for Growth” and an Improvement Plan

is required if any “Unfavorable” ratings are noted.

 

 

SECTION I

Criteria:

 

 

 

 

 

 

 

 

 

 

 

 

 
I.     Currency in the Curriculum

·          The teacher is up to date regarding curriculum content

 

II.    Effective Planning and Assessment of Curriculum Instruction

·          The teacher plans instruction effectively

·         

 

 

 

 

 

 

 

 

 

 

 

 
The teacher plans assessment of student learning effectively

·          The teacher monitors students’ understanding of the curriculum effectively                                                       

         and adjusts instructions, materials or assessments when appropriate 

 

III.   Effective Management of Classroom Environment

·         

 

 

 

 

 

 

 

 

 

 

 

 
The teacher creates an environment that is positive for student learning and

         involvement

·          The teacher maintains appropriate standards of behavior, mutual respect

         and safety

 

IV.   Effective Instruction

·          The teacher makes learning goals clear to students

·         

 

 

 

 

 

 

 

 

 

 

 

 
The teacher uses appropriate instructional techniques                         

·          The teacher uses appropriate questioning techniques           

·          The teacher evaluates, tries innovative approaches and

         refines instructional strategies, including the effective use of technologies,

         to increase student learning and confidence to learn             

 

V.    Promotion of Higher Standards and Expectations for Students’ Achievement                                   

·         

 

 

 

 

 

 

 

 

 

 

 

 
The teacher communicates learning goals and high standards and

        expectations to students

·          The teacher promotes confidence and perseverance in the student that stimulate

increased personal student responsibility for achieving the goals of the curriculum             

 

VI.   Promotion of Equity and Appreciation of Diversity

·         

 

 

 

 

 

 

 

 

 

 

 

 
The teacher strives to ensure equitable opportunities for student learning

·          The teacher demonstrates appreciation for and sensitivity to the diversity among

        individuals

 

 

 

 

 

     

 

      FORM D1

VII. Fulfillment of Professional Responsibilities

·         

 

 

 

 

 

 

 

 

 

 

 

 
The teacher is constructive and cooperative in interactions with parents and receptive

        to their contributions                                                                                                                                                                  

·          The teacher shares responsibility for accomplishing the goals and priorities of

        his/her grade/team/department, building and school district

·          The teacher is a reflective and continuous learner

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Evaluator’s Signature__________________________      Staff Member’s Signature____________________

 

Date________________                                                        Date__________________