Freetown-Lakeville

AGREEMENT

between

THE SCHOOL COMMITTEES

of the

TOWNS OF FREETOWN AND LAKEVIIXE

and the

FREETOWN-LAKEVILLE

REGIONAL SCHOOL DISTRICT

and

EDUCATORS' ASSOCIATION OF FREETOWN AND LAKEVILLE

September 1, 2009 - August 31, 2012

REPRESENTATIVES

EDUCATORS' ASSOCIATION OF FREETOWN AND LAKEVILLE

BARGAINING TEAM:

Elizabeth K. Carter, President

Cynthia Stork, Bargaining Chair

Leona Andrade, Lakeville

JoAnn Lord, Freetown

Stacey Snyder, Intermediate

Kathleen Manning, Region MS

Russell Perry, Region MS

Henry DeMello, Region HS

Paula Mueller, Region HS

SCHOOL COMMITTEE CHAIRPERSONS

Joseph Shaw, Freetown

Charlene Shea, Region

David McQueeney, Lakeville

BARGAINING TEAM:

Joseph Shaw, Freetown

David McQueeney, Lakeville

Charlene Shea, Region

Stephen Furtado, Facilitator

Lawrence Ashley, Freetown Selectman

Charles Evirs, Lakeville Selectman

TABLE OF CONTENTS

AGREEMENT

Pursuant to the provision of Chapter 150E of the General Laws of the Commonwealth of

Massachusetts, THIS CONTRACT IS APPROVED ________ by the SCHOOL COMMITTEES

OF THE TOWNS OF FREETOWN, LAKEVILLE, AND THE DISTRICT (hereinafter sometimes referred to as the Committee) and the EDUCATORS' ASSOCIATION OF FREETOWN AND LAKEVILLE (herein sometimes referred to as the Association).

PREAMBLE

1.                   Under Massachusetts Law, the Committee, elected by the citizens of Freetown and Lakeville, have final responsibility for establishing the educational policies of the public schools of Freetown, Lakeville, and the District.

2.                   The Superintendent of Schools of Freetown, Lakeville, and the District (hereinafter referred to as the Superintendent) has responsibility for carrying out the policies so established;

3.                   The teaching staff of the public schools of Freetown, Lakeville, and the District has the responsibility for providing education of the highest possible quality;

4.                   Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information between the Committee or its designated representatives, and the teaching staff in the formulation and application of policies relating to wages, hours, and other conditions of employment for the teaching staff; and so,

5.                   To give effect to these declarations, the following principles and procedures are hereby adopted.

ARTICLE I RECOGNITION

A.          The Committee recognizes the Association subject to the provisions of General Laws Chapter 150E and any applicable amendments or provisions of state or federal laws now or hereinafter in effect, as the exclusive representatives of all full time and part-time professional teaching employees including federally funded unit positions, nurses, librarians, department leaders and guidance personnel; provided, however the wages, hours, and working conditions of department heads when they are not engaged in actual teaching will not be covered by this Agreement.

Specifically excluded are per diem/intermittent substitute teachers, school administrators, athletic director, aides, secretaries, academic tutors and all other employees. Seniority and other benefits for federally funded and part-time employees will be pro-rated.

B.            Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as "teachers".

C.            Long-term substitute teachers are teachers employed at least 91 consecutive working days in one position. Long term substitutes will commence full coverage under this Contract on the 92nd working day of employment.

ARTICLE II GRIEVANCE PROCEDURE

A.            Definitions:

1.                   A grievance is a claim based upon an event or condition which involved a misinterpretation, direct violation(s) or a misapplication(s) of the specific provisions of this Agreement.

2.                   A grievant is an individual employee or a group of employees who has been personally affected by a misinterpretation, direct alleged violation(s) or misapplication(s) of the specific provisions of the Agreement. The Association may file a grievance on behalf of an identified, aggrieved individual employee or an aggrieved identified group of employees.

3.                   "Days" shall mean school days, except during the summer recess when days shall mean when the Superintendent's office is open.

B.            1.             All grievances shall be in writing and shall specify in a concise manner the nature of the grievance, the Article of the Agreement allegedly violated, the remedy requested, and the date on which the grievance was initially filed. At all steps subsequent to the initial step, the grievance shall also contain the decision rendered at the previous step and the date said decision was rendered. All grievances shall contain the signature(s) of the aggrieved person(s).

2.                    Decisions on grievances shall be in writing and shall include a statement of the reason(s) for the decision. Decisions shall be forwarded to the grievant and the Association. The decision shall not be inconsistent with the terms of the Agreement.

3.                    An employee may present a grievance to the employer and have such grievance heard without the intervention of the Association; however in such an event, the Association shall be afforded the opportunity to be present during the presentation of such a grievance. The settlement of such a grievance shall be consistent with the terms of this Agreement.

4.                    All grievances brought before the Committee will be held in closed session.

5.                    The grievant may be represented at all stages of the Grievance Procedure by representatives of the EAFL and/or those with whom they are affiliated.

C.             1.            If a grievance is not initiated or appealed in accordance with the procedures and time limits specified in this grievance procedure, the grievance shall be deemed waived.

2.                    A grievance initiated by a group of employees shall be signed by all the aggrieved employees and may be initiated at Level Two. If any party of the aggrieved group fails to sign the group grievance, said failure shall not render the group grievance void. Said party shall thereby be bound by the disposition of said group grievance.

3.                    No written document or record relating to the processing of any grievance shall be filed in the personnel folder of any employee except as may be required to implement the disposition thereof.

4.                    The time limits herein may be extended in writing by mutual agreement of the parties.

5.                    To the extent required by M.G.L., c. 150E, the Committee shall upon request provide to the grievant and/or the Association such documents or data which are pertinent to the disputed grievance.

6.                    Failure at any step of this procedure to communicate the decision of a grievance within the specified time limits to the grievant and the Association shall permit the grievant to proceed to the next step.

7.                    Any party in interest may be represented through Level Four of the grievance procedure by a person of his/her own choosing.

8.                    No reprisal of any kind will be taken by the School Committee or any member of the Administration against any party-in-interest, any school representative, any member of the PR & R Committee, or any other participant in the grievance procedure by reason of such participation.

D.             The purpose of the Grievance Procedure is to produce prompt and equitable solutions to those problems which from time to time may arise. The Committee and the Association desire that the stated Grievance Procedure shall always be as informal and confidential as may be appropriate for the grievance involved at the procedural level involved.

LEVEL ONE - Principal.

The grievant shall present the grievance to the appropriate building principal within fifteen (15) days of the occurrence of the alleged violation or from the date when the grievant should have reasonably become aware of said alleged violation. The principal shall meet with the grievant within five (5) days of receipt of such grievance and render a decision to the grievant and the Association within ten (10) days of such meeting. During the summer months, at those schools in which no principal is scheduled to work, a grievance may be filed initially at Level II.

LEVEL TWO - Superintendent

If the grievance has not been resolved at Level One to the satisfaction of the grievant, the grievant may appeal such decision by submitting the same grievance document as filed at Level One to the Superintendent within ten (10) days of the grievant's receipt of the Level One decision. The Superintendent shall meet with the grievant to discuss the allegations within ten (10) days after receipt of the written appeal, and render a decision to the grievant and the Association within, in ten (10) days after such meeting.

LEVEL THREE - School Committee

If the grievance has not been resolved at Level Two to the satisfaction of the grievant, the grievant may appeal such decision by submitting the same grievance document as filed at Levels One and Two to the School Committee within twenty (20) days of the grievant's receipt of the Level Two decision; The School Committee, or its designated Sub-Committee, the Superintendent, appropriate administrators and legal counsel, if so requested for the School Committee, will meet with the grievant, members of the PR & R Committee, and Association representatives for the purpose of resolving the grievance within thirty (30) days following receipt of the written grievance. Within fifteen (15) days after said meeting, a decision will be sent to the grievant and the Association.

LEVEL FOUR - Arbitration

A.            1.            If the grievance has not been resolved at Level Three to the satisfaction of the Association, the Association may, within fifteen (15) days after the grievant's receipt of the decision at Level Three, present the grievance for arbitration to the American Arbitration Association for disposition in accordance with its Voluntary Labor Arbitration Rules. The Association will also send a copy of the Demand for Arbitration to the Superintendent of Schools within fifteen (15) days after the grievant's receipt of the Level Three decision.

2.            The decision of the Arbitrator will be submitted to the Committee and to the

Association and will be final and binding upon the Committee, the Association and the aggrieved employees. The cost of the services of the Arbitrator including per diem expenses, if any, and actual and necessary travel and subsistence expenses will be borne equally by the Committee and the Association.

3.                    The Arbitrator selected, shall hold hearings promptly and will issue a decision not later than thirty (30) days following the close of hearings, or if oral hearings has been waived, then from the date that the final statements and proofs are submitted. The Arbitrator's decision will be in writing and will set forth findings of fact, reasonings and conclusions to the issues submitted.

4.                    The Arbitrator will be without power or authority to add to, or subtract from the language and/or terms of this Agreement. The Arbitrator will be without power or authority to make any decision or award which violates statutory Law, case Law, or any rules and regulations issued under the authority of the Commonwealth of Massachusetts or of the United States or which violates any of the terms of this Agreement.

B.            For purposes of this grievance procedure, verification of the "date of receipt" shall be made in one of the following ways:

1.                   Certified Mail, Return Receipt Requested.

2.                   A dated written acknowledgment of actual receipt signed by the receiving party.

C.            It is the intent of the parties that the School Committee may avail itself of the aforementioned Arbitration procedure to resolve disputes arising out of the implementation of this Agreement.

ARTICLE III WORK YEAR, WORKING DAY & TEACHING LOAD

A.           WORKING DAY

1.             The regular working day for all professionals employees shall begin ten (10) minutes before the specified time of the beginning of the pupils' day at the school to which they are assigned.

2.                   For the purposes of this Agreement, the term "pupils' day" shall mean that period of time between the regular starting and dismissal times established by the Committee for pupils at the respective schools. Said starting and dismissal times are subject to modification by the Administration and School Committee to allow for unforeseen circumstances and for staggering schedules between schools for transportation and scheduling purposes.

3.                   The regular starting and dismissal time established by the Committee shall be such that the pupil's day, including lunch and recess, will not exceed the following:

High School - 6 hours, 20 minutes

Middle School - 6 hours, 20 minutes

Intermediate School - 6 hours, 10 minutes

Elementary - 6 hours

Past practice with respect to High School late buses will continue.

4.                    Professional Employees will be in their assigned classrooms, laboratories, shops, etc., and have them open for admission of pupils ten (10) minutes before the beginning of the pupils' day.

5.                    The workday of professional employees, except as otherwise provided in this Article, or unless such employee is sooner dismissed shall end not less than twenty (20) minutes after the end of the pupils' day at the school to which they are assigned.

6.                    Professional employees shall work the regular workday not withstanding the early dismissal of pupils on any such day, unless otherwise dismissed.

7.                    Past practice in each school with respect to after school and evening meetings, conference, duties and other activities, shall be maintained during the life of this agreement. Past practice for example, include but are not limited to the continued application of all reasonable efforts to maintain and continue to work with building-wide and system-wide curriculum committees, the composition and activities which will be determined by individual building committees in coordination with the building administration and the Central Office Administration.

8.                    In assigning teachers for after school administrative detentions in the Middle School, the past practice of voluntary service shall be continued.

9.                    In assigning teachers for after school administrative detentions in the High School, volunteers initially will be sought. In cases where volunteers cannot be found, teachers shall be assigned to said duty on an equitably distributed rotational basis; no teacher shall serve said duty more than three (3) times per year; in either a volunteer or assigned duty situation, a member of the administrative staff shall simultaneously serve said duty with the appointed member of the teaching staff.

A.            10.           Parent Conferences

a.             Effective September 1,1998, in grades 5-12, the Open House shall be replaced by up to two (2) parent conferences to be held in the afternoon or evening in each school year. The first such parent conference each year shall be scheduled after the first report cards are issued.

b.             Effective September 1, 1998, in grades pre-school through grade 4, teachers may be required to participate in the following:

-     One Open House per school year

-     Two released time parent conferences per school year

-     One after school or evening parent conference per school year

The Building Principal shall have the option of substituting a professional improvement or professional development opportunity for one of the released time parent conferences during a school year.

c.             Parents will receive a general announcement of Parent Conference and will be provided an opportunity to indicate whether or not they wish to schedule a conference, on a form provided for that purpose. Teachers will schedule individual conferences for those parents whose response so indicated. It is the intention of the Parties that, to the extent possible, individual parent conferences will be scheduled during parent conference. In the event individual parent(s) want to conference but are not able to do so on the day parent conference is scheduled, the teacher will schedule the individual conference on another day in which school is in session. Parent Conference shall not exceed two and one-half consecutive hours.

B.            WORK YEAR

1.            The working year for teachers will not exceed 181 days including the one-half instructional day before Thanksgiving, with the following exceptions:

a.             The regular work year for guidance counselors at the Region will be 188 workdays to be worked as follows: three (3) days prior to the start of the teacher work year, and four (4) days following the end of the teacher work year, and will be paid at their per diem rate.

b.            The regular work year for adjustment counselors and school psychologist at the Region will be 186 workdays to be worked as follows: three (3) days prior to the start of the teacher work year, and two (2) days following the end of the teacher work year, and will be paid at their per diem rate.

c.             The regular work year for special needs coordinator at the High School will he 185 workdays to be worked as follows: two (2) days prior to the start of the teacher work year, and two (2) days following the end of the teacher work year, and will be paid at their per diem rate.

2.                    Teachers will receive three consecutive hours of time, excluding lunch, on the first day of the work year for preparation of their classrooms, work station, assigned area or teaching materials in anticipation of student attendance the following day.

3.                    Included in the working year will be one day prior to the opening of school. On the 180^th student day, students will be dismissed, utilizing the 1/2 day schedule. Teachers will remain that day to complete end of the year responsibilities.

4.                    In the event a teacher loses a day's pay, this day shall be computed as 1/181 of the teacher's salary for the year.

5.                    All part-time employees will be required to be in attendance for a full workday on the first workday of the work year and the last workday of the work year. Also, on in-service days, part-time employees shall be required to attend release day activities. When a part-time employee is required to work a full workday, said employee will be paid for a full workday.

G.            DUTY FREE LUNCH

All teachers shall receive a duty-free lunch period equivalent in length to that of the students.

D.            EXTRA-CUIOUCULAR ASSIGNMENTS

1.             Distribution of extra-curricular activities will be on an equitable basis. Those activities that are subject to compensation will be in accordance with the provisions of Appendix C of this Agreement.

2.        Teachers shall not be required to teach classes that exceed the normal teacher work day as defined in A above, but may accept an assignment outside the normal teacher work day.

E.             CURRICULUM PLANNING TIME

Curriculum planning time may be scheduled on one-half day sessions at the Superintendent's discretion during the life of this Agreement. The Superintendent may determine that curriculum planning days are needed at any or all schools on any given day. Additional days may be scheduled at the Superintendent's discretion.

F.             PLANNING TIME

1.             Planning time to meet the needs of the program of the individual school is essential. Efforts will continue to be made to provide for this under the responsibility of the individual school administrator for meeting the needs of the students.

2.             HIGH SCHOOL PLANNING TIME:

Secondary school teachers shall normally be assigned no more than five (5) teaching periods per day. If it is necessary to assign a sixth period, the employee and the Association will be notified with the reasons for such assignment. Every teacher at the secondary level shall have five (5) preparation periods each week, during which they shall not be assigned to any other duties. Except where not feasible due to scheduling difficulties, such preparation periods shall be on a daily basis provided, however, the above shall not apply where adequate substitutes cannot be obtained to replace absent teachers. Teachers of Advanced Placement will be free from supervisory responsibilities unless adequate coverage for such duties does not exist, in an effort to provide additional preparation time.

3.             MIDDLE SCHOOL PLANNING TIME:

Teachers will receive forty (40) minutes individual planning time per day and sixty (60) minutes common planning time per week. The administration will not schedule Parent-Teacher Conferences in the above (Middle School) defined planning time unless absolutely necessary.

4.             INTERMEDIATE SCHOOL PLANNING TIME:

The School Committee shall make all reasonable efforts to maintain the existing planning time at the Intermediate School.

5.             ELEMENTARY SCHOOL PLANNING TIME:

The School Committee shall make all reasonable efforts to maintain the existing planning time at the elementary schools.

Elementary teachers at Freetown shall have 200 minutes and at Lakeville 200 minutes guaranteed as planning time, excluding duty free lunch, during which they shall not be assigned to any other duties, such time to be within the designated pupils' day. Every effort will be made to schedule such planning time when classes are under the supervision of special subject teachers and to avoid scheduling such planning time during the lunch cycle. No planning time will be scheduled in increments of less than ten (10) minutes of actual available duty-free time. The Committees will assure that substitutes will be employed in the above subject areas except when emergency conditions make them unavailable. The school administration will demonstrate that every reasonable effort is being made to increase the allotted minimum per week planning time. No recess time shall be counted as planning time.

Elementary teachers will not be required to be present in the classroom while students are being instructed by professional staff members in the special subject areas. Nothing in this Agreement shall prohibit a teacher from being present in said classroom if, in his opinion, he would be remiss in his professional responsibilities by being absent from the classroom, the time made available to the teacher shall be considered planning time.

6.             CLASS SIZE (Teachers of English)

Every effort will be made to regulate schedules so that teachers of English on the secondary level will be assigned no more than 100 students where there are classes dealing primarily with written composition.

G.            INSTRUCTIONAL/SUPERVISORY/UNASSIGNED TIME:

The Middle School shall be certified as a secondary school for the purpose of the Student Learning Time Regulations of the Department of Education.

1.             The amount of instructional/supervisory time shall not exceed 280 minutes per day.

2.             The amount of unassigned time shall not be less than 100 minutes per day.

H.            At the High School the work day and work year shall be as follows:

1.                    High School teachers shall not have more than five (5) teaching periods per day, except as specified in Article 3, F. 2. of the existing Agreement.

2.                    Teaching periods may vary in length based on the instructional program.

3.                    Existing practices in regards to instructional time/supervisory time/unassigned time shall remain in effect.

ARTICLE IV ASSIGNMENTS, REASSIGNMENTS & TRANSFERS

A.           REASSIGNMENTS:

The Committee and the Association recognize that reassignments may be necessary, they recognize that other than where reassignments may be necessary because of a reduction in the number of positions in a school, the prime factor to be considered in reassigning teachers is that of providing for the educational and instructional needs of the school system.

1.             For the purpose of this Article, a "reassignment" shall be defined as the movement of a teacher within a school building from one grade to another or from one subject matter and/or department to another.

2.             In making reassignment, it is recognized that the final decision rests with the Superintendent; however, the following procedures will he utilized:

a.             Reassignments shall be made only after a personal conference between individuals involved and the Superintendent of Schools, (or his designee), at which time the teacher shall be notified of the reasons for such reassignment. In making a reassignment, every effort will be made to honor the wishes of the individual teacher to the extent that such wishes do not conflict with the instructional requirements of the school system.

b.             In making any reassignment, consideration will be given to the teacher's competencies, certification major and/or minor field of study, quality of teaching performance, the specific area of competence sought, the length of service in the system and the length of service in the position currently held.

c.             Teachers being reassigned will be reassigned to a position which bears an appropriate relationship to the teacher's qualifications, experience or prior duties.

B.            TRANSFERS:

The Committee and the Association recognize that transfers may be necessary; they also recognize that other than where transfers may be necessary because of a reduction in the number of positions in a school, the prime factor to be considered in transferring teachers is that of providing for the educational and instructional needs of the school system.

1.                    For the purpose of this Article a "transfer" shall be defined as the movement of a teacher from one school building to another.

2.                    In making transfers, it is recognized that the final decision rests with the Superintendent; however, the following procedures will be utilized:

a.             In making any transfer, consideration will be given to the teacher's competencies, certification, major and/or minor field of study, quality of teaching performance, the specific area of competence sought, the length of service in the system and the length of service in the position currently held.

b.             Teachers being transferred will be transferred to a position which bears an appropriate relationship to the teacher's qualifications, experience or prior duties.

c.             An involuntary transfer will be made only after a meeting between the teachers involved and the Superintendent (or his designee), at which time the teacher will be notified of the reason(s) for the transfer. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Superintendent may meet with the Association's representative to discuss the transfer at a mutually convenient time.

d.             If two or more individuals have equal competencies, certification, major and/or minor field of study, quality of teaching performance, the specific area of competence sought, length of service in the system, and the length of service in the position currently held, then the person with the shortest length of service shall be transferred first.

3.                   A list of open positions in all schools for which a teacher is qualified and certified will, upon request, be made available to a teacher for whom involuntary transfer is being considered.

4.                   A teacher desiring a transfer will submit a written request to the Superintendent stating the assignment preferred and the reasons for said request. Such requests must be submitted between September 1 and April 1 of each school year to be considered for the following school year. Requests must be renewed each year. All requests will be acknowledged in writing.

C.            GENERAL:

1.                   Teachers will be notified as soon as decisions are made of their programs for the corning school year, including the schools to which they will be assigned, the grades and/or subjects that they will teach and any special or unusual classes that they will have. If prior notification has not been made, such notification will be made by August 1, provided, however, if the Superintendent deems it necessary, assignments previously announced may be changed when unanticipated circumstances arise. Teachers so affected will be notified promptly, in writing.

2.                   In arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of inter-school travel. Such teachers will be notified of any changes in their schedules as soon as practicable. Teachers who are assigned and must drive their vehicles in school related business mileage will be compensated at the IRS rate. Teachers will be instructed where to report for their first daily assignment and compensated mileage will be for any alternate or additional locations assigned from that starting point.

3.                   Teachers will not be asked to substitute except in emergencies.

4.                   Notice of all permanent vacancies shall be posted by the end of the school year in each school, clearly setting forth qualifications for the positions, duties, and salary ranges. Such qualifications, duties, and salary ranges shall not be changed after having been posted without prior notice to the Association. Such notice shall be posted at least fourteen (14) days before the date when applications must be submitted. Teachers who desire to apply for such vacancies shall submit their application, in writing, to the Superintendent or his/her designee within the time limits specified in the notice. .

5.             Teachers desiring transfers will submit a written request to the Superintendent stating the desired assignment. Such requests will be submitted between September 1 and April 1 of each school year. Requests must be renewed each year, and all requests must be acknowledged in writing. Teachers who have submitted a request for a transfer will be given preference over teachers who respond to the vacancy posting. When vacancies occur during the summer, the following time frame for posting shall be adhered to:

Before August 1st, at least fourteen (14) days; from August 1st to August 20th, at least seven (7) days; from August 21st to the opening of school, no time period.

ARTICLE V VACANCIES & PROMOTIONS

A.            1.            Whenever any vacancy in a professional position occurs during the school year (September to June) it will be publicized by the Superintendent by means of a notice placed on the Association bulletin board in every school as far in advance of the appointment as possible.

2.             Teachers who wish to be notified of vacancies which occur during the summer months shall place on file with the Superintendent of Schools a statement showing the type of vacancies of which they wish to be notified and the address to which the notifications are to be sent. When a vacancy occurs during the summer months, the Superintendent shall:

a.             post a notice of the vacancy on the bulletin board of each school;

b.             mail a copy of the posting to the President of the Association;

c.             mail a copy of the posting to each teacher who has filed a request as hereinbefore provided.

3.             In both situations, the qualifications for the position, its duties and the range of compensation will be sent forth.

B.             Except in unusual circumstances, all teachers who satisfy the posted qualifications will be given opportunity to make application for such positions and the Committee agrees to give consideration to all factors including the professional background and attainments of all applicants. All applicants will be notified of the final action taken.

C.            For purposes of this article, "vacancy" shall be defined as a professional teaching position caused by resignation, retirement, death, or resulting from the establishment of a new position or from a leave of absence of not less than one (1) year.

ARTICLE VI DISCIPLINE

No teacher with professional teacher status will be discharged, disciplined, reprimanded to the extent of material being placed in his personal file, reduced in rank or compensation, or deprived of professional advantage without just cause.

ARTICLE VII SICK LEAVE

A.            Teachers will be entitled to fifteen (15) sick leave days each school year. Sick leave may be accumulated from year to year with no maximum limit.

B.             1.            Sick leave each school year may also be utilized in cases of emergency or critical illness or injury in the employee's immediate family. For purposes of this section "immediate family" shall include the employee's spouse, child, parent, brother, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, and grandchild and/or other persons residing in the employee's immediate household.

2.                    Two (2) days of said sick leave each school year may be utilized for personal. matters which require absence during school hours for legal business, emergencies, or serious obligations that cannot be carried on at any other time. Teachers should make every reasonable attempt to mraimize the amount of time taken. Teachers will give at least 24 hour notice when taking such leave except in unusual or emergency circumstances. Violations of this paragraph will be subject to disciplinary action.

3.                    Personal leave days may not be taken the day prior to or the day following any vacation, holiday weekend, or other such similar recess period, nor may two (2) personal days be taken consecutively except under special circumstances with the approval of the Superintendent.

4.                    With a minimum of twenty-four (24) hours notice provided to the building principal, teachers may also use up to two (2) personal leave days to attend the graduation of a family member.

C.             An indefinite number of days at pay, less the equivalent of a Substitute's daily rate, shall be available once the accumulated number of sick leave days has been exhausted. Said adjustment shall apply regardless of whether a substitute is provided and such extension of sick leave shall not be carried beyond the end of the school year in which the regular sick leave has been expended.

D.            Teachers will receive an annual accounting of the total number of sick leave days accumulated by them as of June 30th of each year. This accounting will be made on or before the following September 15th.

E.            A doctor's certificate may be requested by the Superintendent from any employee who is absent in excess of five (5) consecutive working days. If an employee's absence exceeds twenty-nine (29) consecutive days the Superintendent may require a doctor's certificate stating a possible expected date of the employee's return to work.

F.            To be eligible to use sick leave, an employee must report the sickness to the appropriate Principal, or his designee, as soon as possible on the first day of absence.

G.            Teachers who notify the Superintendent, in writing, of their intent to resign or retire on or before April 1 of any school year, said resignation or retirement to be effective on June 30 of the next following school year, shall be eligible for sick leave buy-back as provided herein. Upon receipt of such notice by the Superintendent or his designee, said teacher shall receive a salary adjustment during the last year of employment in a sum equal to . twenty dollars ($20.00) multiplied by the number of accrued sick leave days -provided, however, that the maximum number of such eligible days shall not exceed two hundred (200) days. Teachers accruing more than two hundred (200) sick leave days shall receive no benefits in connection with days accrued in excess of two hundred.

H.            The existing practice regarding sick leave benefits for part-time employees shall continue; e.g., those employees working a portion of each day in a five (5) day week will receive sick days according to a fractional day and those working full days but not a Ml week will receive the appropriate number of full days off.

ARTICLE VIII LEAVES OF ABSENCE

Professional employees will be entitled to the following leave of absences with pay:

A.            Up to fifteen (15) days shall be made available for Association representatives to deal with National, State, County, or Local business. An additional five (5) days shall be available for the same purposes with the Superintendent's permission, which will not be unreasonably denied. The Association shall reimburse the Committee for the cost of a substitute for days 11-20. No individual teacher, with the exception of the President of the Association, shall be eligible to use more than four (4) "Association Days." The request must made by the Educators' Association of Freetown and Lakeville.

B.             Time necessary, for appearance in any legal proceeding connected with the teacher's personal employment in the School System except in cases in which the teacher has commenced a Court proceeding against either the employing Town and/or School Committee. This benefit does not apply to any proceeding arising out of any alleged violation of Article XVI nor does it apply to Arbitration or Fact Finding proceedings unless such proceedings are at the request of the School Committee and held during school hours.

C.            A member of the bargaining unit, suffering a personal bereavement as the result of a death of a member of his/her immediate family shall receive up to three (3) work days with pay for time lost from work. Such days shall be for the purpose of attending the funeral and/or preliminary services attendant to actual burial. For this purpose, "immediate family" should mean the following: mother, father, sister, brother, spouse, significant other, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandchild, grandparents and/or other persons living in the employee's household. In special cases not covered by the above, a day or days may be granted by the Superintendent.

D.            RELIGIOUS HOLY DAYS:

Up to three (3) days per school year will be granted, without loss of pay to an employee who observed the major traditional religious holy days which fall on days when school is in scheduled session. Such days will not be charged against the employee's accumulated sick leave.

E.             MATERNITY LEAVE - DISABILITY/EXTENDED LEAVE

A teacher requesting a maternity leave shall indicate, in her request to the Superintendent, the total length of leave desired including disability sick leave and extended, unpaid leave. A teacher may request only disability leave or a combination of disability and extended, unpaid leave, but the total maternity leave shall not exceed two (2) school years. The combination of disability and unpaid leave may include unpaid leave before the disability period and/or after the disability period.

1.            A teacher requesting maternity leave shall give four weeks' prior notice to the commencement of the leave, except in cases of premature delivery, of her anticipated date of departure and intention to return.

2.             The teacher who desires to return to work at the end of her disability period may then return to work. A teacher who intends to take extended unpaid leave immediately following the disability leave shall take such leave for the balance of the school year and, if the teacher so requests for the next following school year.

3.             During the disability period, a teacher may apply her accumulated sick leave to her disability resulting from her pregnancy, childbirth, and recovery from childbirth. Sick leave shall be allowed only for days teachers would normally be working during their regular work year. The teacher's attending physician shall certify to the Superintendent the length of the teacher's disability period.

4.                    A teacher not otherwise covered by the above sections of this Article shall be entitled to parental leave under the same terms and conditions as set forth above, except that the teacher shall not be eligible for sick leave and provided that such leave shall commence immediately following the birth or adoption of the teacher's child.

5.                    In the event that the reason for the maternity leave or parental leave be no longer operative, then such teacher, with the approval of the Superintendent, may return to work.

6.                    All contractual benefits to which a teacher was entitled at the time his/her leave commenced, minus any sick leave used, will be restored upon return, and the teacher will be assigned to the same position held at the time the leave commenced, or to an equivalent position, if possible. A teacher retailing from leave under this Article will be placed on the next step of the salary schedule if he/she had been in a pay status in the Freetown/Lakeville Public Schools for more than ninety-one (91) workdays in the year during which the leave commenced.

7.                    A teacher on leave pursuant to this Article must give written notice to the Superintendent by April 1st of the school year in which the leave is taken, or by April 1st of the subsequent school year, if applicable, of said teacher's intention to return the next following September. If such written notice is not received by the Superintendent on or before April 1, then the Teacher on leave may be terminated from the School System.

F.             JURY DUTY:

Any employee in the bargaining unit called for jury duty shall be allowed to fulfill this duty without loss of benefits and will be paid by the Committee the difference between his/her regular pay during such period of time and the compensation received for such duty from the appropriate governmental body upon presentation to the Superintendent of evidence of such service.

G.            ASSOCIATION LEAVE:

The Committee agrees that up to one (1) PTS teacher designated by the Association, upon request, be granted a leave of absence for up to four (4) years without pay for the purpose of engaging in Association (local, state or national) activities. Upon return from such leave, the teacher will be placed on the step and level of the salary schedule which he/she would have achieved on September 1 following his/her last year of employment by the school district as a teacher.

H.            MILITARY LEAVE:

1.                    Military leave will be granted to any teacher who is inducted or enlisted in any branch of the armed forces of the United States. Upon return from such leave a teacher will be placed on the salary schedule at the level which he would have achieved had he remained actively employed in the system during the period of his absence up to a maximum of three (3) years.

2.                    In addition to the above, Section 1, teachers who are inducted into the armed forces or are military reservists and are involuntarily called to active duty shall receive the following benefits:

a.             For ninety (90) school days of such military service, such teachers shall be paid a salary equal to the difference between their military pay and their salary they would be receiving as provided by the terms and provisions of this Agreement.

b.             During such military service, such teachers may continue to participate in the health insurance plans available to bargaining unit members, with the Employer paying the same percent of the premiums of such insurance as for bargaining unit members.

c.             During such military service, such teachers shall receive all other benefits pro-rated at the rate of fifty percent (50%) per year, or as though he/she had been in active employment for at least ninety (90) days, as the case may be.

d.             If such teacher volunteers to extend such military service beyond that which was actually required by induction or by being involuntarily called to active duty, the benefits under a, b and c above will cease and Section 1, above will apply effective on the date the involuntary military service ended.

3.             A maximum of ten (10) days per school year for persons called into temporary active duty of any unit of the United States Reserves or the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session. Teachers will be paid the difference between their regular pay and the pay which they receive from the State or Federal Government.

I.             MAINTENANCE OF BENEFITS:

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

J.             OTHER:

Other leaves of absence without pay, increment or benefit for reasons not stated in this Article may be granted by the School Committee in its sole discretion.

K.            EXTENSION OR RENEWAL:

All requests for extensions or renewal of leaves will be applied for in writing. Notification of actions taken will be in writing.

L.             Leave of absence for the Peace Corps, Americorps or similar program or for a Teacher Exchange program may be granted at the discretion of the Superintendent.

ARTICLE IX SABBATICAL LEAVE

Upon recommendation of the Superintendent, and after development of a comprehensive written plan outlining goals, objectives and value to the school system of the proposed sabbatical, sabbatical leaves may be granted by the Committee for study or travel to a teacher subject to the following conditions:

A.            No more than two (2) members of the teaching staff will be absent on sabbatical leave at any one time.

B.            Written requests for sabbatical leave must be received by the Superintendent of Schools no later than the start of the Spring semester prior to the school year in which the requested leave is to begin.

C.            The requesting teacher has completed at least five (5) consecutive full years of service in the school system prior to the start of said leave.

D.            Teachers on sabbatical leave will be paid at fifty (50) percent of their regular salary rate, provided that such pay when added to any program grant will not exceed the regular salary rate. "Salary" as used in this provision shall include only total annual salary, excluding any supplemental payments for special assignments such as extracurricular activity duties for which an employee would have been paid in the year during which he/she is on sabbatical leave.

E.             The teacher will agree to return to employment for one (1) full year in the event of a semester's leave or two (2) full years in the event of a full year's leave. A teacher who fails to live up to this obligation will be responsible for immediately reimbursing any compensation paid under this Article.

F.             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.

G.            Upon completion of a Sabbatical Leave, the recipient of the Leave shall submit a comprehensive report to the Superintendent containing transcripts of all college, and/or University work done while on Leave and/or any other pertinent data or interpretive material considered essential to an evaluation of his/her program.

H.            The granting of Sabbatical Leaves is in the sole discretion of the School Committee.

ARTICLE X INSURANCE

A.           HEALTH INSURANCE:

1.                   Under the Premium Payments portion of the Program, the employee portion of the health insurance premium (and the group term life insurance premium) will automatically be converted to a pre-tax expense. You will not have Federal and Massachusetts income taxes on these amounts. The conversion to the pre-tax expense will be at no cost to the school committees. The Association has the right to an annual review of the Administrative mechanism at its cost to convert to the pre-tax expense.

2.                   Employees covered by this Agreement will have available the following Health Insurance Plans:

Lakeville              Blue Care Elect Preferred (PPO)

Blue Cross Network Blue (HMO)

Harvard/Pilgrim - HMO

Freetown                Blue Care Elect Preferred (PPO)

HMO Network Blue New England

Region                   Blue Care Elect Preferred (PPO)

                                HMO Network Blue New England

3.             Seventy-five percent (75%) of the HMO premium is paid by the Town of Freetown, the Town of Lakeville, and the Freetown-Lakeville Regional School District. Sixty-five percent (65%) of the PPO premium is paid by the Town of Freetown, the Town of Lakeville, and the Freetown-Lakeville Regional School District.

4.                    Employees who retire from service will receive health insurance benefits at the same rate as actively employed members of the bargaining unit.

5.                    Participation at appropriate levels is open to new hirees at the time of employment and all unit members so requesting said coverage effective the next July 1, provided a written notification of intent to participate in the program has been received by the Superintendent of Schools on or before January 1 of the year in which the extended coverage provided hereunder is to commence. Additionally, any employee may apply for participation in the health insurance program at any time upon demonstration of hardship or emergency circumstances.

6.                    Part-time Employees

All employees hired in a sixty percent (60%) or greater position will receive the insurance benefits offered by the employer.

7.             The Committees agree that if the towns of Lakeville and Freetown offer the same health insurance benefits at the same premium percentage rate to surviving spouses of active and retired employees as to active employees, the Freetown-Lakeville Regional School District Committee shall also offer that same benefit. In order that the offering of such benefit shall be accomplished, the exclusion of the relevant sections of Chapter 32B, MGL, which include Sections 9D and 9D1/2, shall be rescinded by the Regional School Committee. The rescinding of exclusions of sections of Chapter 32B, MGL shall be to the extent that the accepted sections of Chapter 32B, MGL of the Regional School Committee shall conform to those accepted by both the Town of Freetown and the town of Lakeville which are relevant to this matter. It has been confirmed that the Town of Lakeville has accepted Sections 9D and 9D1/2 of Chapter 32 MGL. The Regional School Committee shall take the action necessary to provide acceptance of such Sections 9D and 9D1/2 within thirty days next following confirmation that the Town of Freetown has also done so.

B.            LIFE INSURANCE:

The life insurance benefits presently in effect will be continued.

C.            DISABILITY INSURANCE:

1.                    Disability Insurance will be provided at a cost of $4.29 per employee to be paid by the School Committee.

2.                    Individuals can supplement that coverage, but will have to pay the total cost of the extra coverage.

3.                    Disability Insurance coverage is available in the second year of employment..

D.            DENTAL INSURANCE:

The School Committee agrees to a check off for dental insurance at no cost to the employer. The employee will assume 100% of the cost of the plan.

ARTICLE XI PARAPROFESSIONALS

A.            The use of paraprofessionals is recognized as desirable for the development of a sound educational program. Therefore, paraprofessionals will be employed according to the needs of the program as determined by the Committee and the Superintendent, where possible, provided, however that the budgetary applications of this section remain the responsibility of the School Committees.

B.            A paraprofessional should not be employed in lieu of a teacher.

ARTICLE XII NURSES

A.           Work Day and Work Year

1.                    Prior to the start of school, the nurses will be allowed to work up to twenty (20) hours and they will be compensated for their time at the stipendiary hourly rate.

2.                    Nurses must remain in their assigned school to be on call in case of emergencies except when excused by the principal.

B.             Sick Leave

If it is determined that a nurse has contracted a reportable disease within the meaning of 105CMR 300 as a result of their treatment of students attending school, then absences resulting from receipt of prophylactic inoculations for such disease shall not be deducted from accumulated or current sick leave.

C.             Professionals Days

Up to three (3) days each year shall be granted to the nurses for professional improvement in order to satisfy the continuing educational requirements. In addition to Tuition Reimbursement language in the contract, up to $150 per year, per nurse, will be paid for CEU's taken in accordance with the Massachusetts Registration of Nurses Law.

D.            Protection

1.                    Nurses will not transport pupils. Responsibility for transporting ill students rests primarily with the children's parents. In the event of serious illness or injury, 911 will be called.

2.                    No member shall be held responsible for loss, damage, or destruction of school or student property when such damage occurs during the course of the provision of first aid or other medical treatment to students.

3.                    The provisions of MGL, c. 258, relative to indemnification of nurses will apply as set forth in said law.

4.                    The provisions of MGL, c. 71 section 55A relative to the rendering of first aid services is applicable as set. forth in said law.

ARTICLE XIII ASSOCIATION MEMBERSHIP

A.           Upon receipt by the Superintendent/School Committee of a signed voluntary authorization by Association members within the bargaining unit and in accordance with the terms of the form of said authorization, membership dues in all professional organizations such as National Education Association, Massachusetts Teachers Association, and Educators' Association of Freetown and Lakeville shall be deducted from the payroll in equal installments on a monthly basis provided, however, that treasurers or disbursing agents are notified in writing of procedures to be followed.

B.            In accordance with the provisions of M.G.L., Chapter 150E, all employees in the bargaining unit who commence their initial work year on or after September 1,1983 except those employees certified as members of the Association to the School Committee by the Association, as a condition of employment, shall pay, annually or by dues deduction to the Association as of the thirtieth (30th) day subsequent to the first day on which said employee initially works for the School Committee or thirty (30) days subsequent to the effective date of this Agreement whichever is later, an Agency Service Fee no greater than that sum paid by Association members to become and remain a , member in good standing of the exclusive bargaining agent. The "Bargaining Agent" shall include the National Education Association, Massachusetts Teachers Association, the Educators' Association of Freetown and Lakeville, the Bristol County Education Association or the Plymouth County Education Association. Said amount and the payment of said amount shall be certified annually to the Committee by the Association. The enforcement of this provision for nonpayment of said sum shall be the Association's right to bring legal action in a Court of Competent Jurisdiction against a member of the bargaining unit who is delinquent in paying any said sum. The School Committee shall not terminate the employment of nor take any action against any said member of the bargaining unit who is delinquent in paying any said sum.

C.            Notwithstanding Section B above, federally funded full time employees and federally and locally funded part-time employees who are entering the bargaining unit as of September 1, 1989, will be subject to the Agency Service Fee regardless of their date of hire by the School Committee.

D.            The School Committee assumes no obligation financial or otherwise, arising out of the provisions of this Article and the Association shall indemnify and hold the School Committee harmless from any and all claims, grievances, arbitrations, awards, suits, attachments or other proceedings arising out of or by reason of any action taken by the School Committee for the purposes of complying with any provisions of this Article. The Association assumes full responsibility for the disposition of the funds deducted under this Article as soon as they have been remitted by the School Committee to the Association.

ARTICLE XIV FACILITIES

Any reasonable complaint by a teacher as to a school facility shall be investigated promptly and the teacher shall be notified of the action taken. All facilities equivalent to or better than those in existence will remain available to teachers.

A.           The Committees will use all reasonable effort to maintain heating temperatures and working conditions conducive to the safety of its teachers.

B.            The Committee also agree to comply with all occupational health and safety standards and regulations as adopted by OSHA or the Department of Labor, as well as all state and local agencies.

C.            The Educator's Association of Freetown and Lakeville and the School Committees agree to establish and maintain Health and Safety Committees in each school building. Said committee shall be made up of union representatives and building administrators. Meetings of said committees shall not occur during school hours. The duties of the committee(s) shall include, but not be limited to, the following:

Monitoring health and safety conditions in their building and making recommendations to the officials in charge of improvement.

ARTICLE XV HEALTH AND SAFETY

The Tools for Schools test kit (Exhibit F) will be available in all schools. If there is an air quality concern, it will be brought to the attention of the Health and Safety Committee. The Health and Safety Committee will access the Tools for Schools test kit and oversee its implementation.

The application test kit will be performed by the building custodian or a designee of the Superintendent. Any diagnosed problems will be reported, immediately to the Superintendent and a copy provided to the Health and Safety Committee.

ARTICLE XVI INFORMAL DISCUSSION

A.           Upon request by the Association and upon mutual agreement as to time and place, the appropriate committee shall meet with the Association up to a maximum of four (4) times during the school year to discuss matters of mutual concern. Should the appropriate committee and the Association fail to reach mutual agreement as to time and place, the meeting will be held in Executive Session as a part of the appropriate regularly scheduled School Committee meeting within one (1) month of such request by the Association. Should the purpose of the meeting involve more than one committee, such meeting should be scheduled by mutual agreement of all concerned parties.

ARTICLE XVII COMMITTEE RIGHTS

A.            The Parties to this Agreement recognize that the Committee has and will continue to retain, whether exercised or not, the sole and unquestioned right and responsibility to direct the operation of the Freetown/Lakeville Public Schools in all its aspects. Nothing in this Agreement shall be deemed to derogate from or impair any power, right, or duty heretofore possessed by the School Committees except where such right, power or duty is specifically, limited by this Contract.

B.             The listing of the following specific rights of the Committees in this Article is not intended to be nor shall be considered restrictive of or as a waiver of any of the rights of the Committees not listed herein.

C.             Subject to such regulations and restrictions as are expressly provided in this Agreement or by Law, such management rights and responsibilities as are vested exclusively in the School Committees include: the right to hire and retain employees in positions within the school system; the right to determine the number of employees required to perform the operations of the School District, the right to suspend, demote, discharge or take other disciplinary action against Employees for just cause, the right to determine the care, maintenance and operation of the equipment and property used for and on behalf of the purposes of the School District; the right to establish grades and courses of instruction including special programs and/or provide for the athletic, recreational and social needs of the students; and the right to relieve employees from duty because of lack of work or other legitimate reasons.

ARTICLE XVIII NO STRIKE

A.            No employee nor the Association or any officers thereof pursuant to M.G.L. C.150E shall engage in, induce, encourage, condone or sanction any strike, walkout, slow down, work stoppage or withholding of services.

B.            The Association and its members individually and collectively agree that if there is a violation of this clause any or all teachers violating this clause will at the discretion of the Committee be subject to disciplinary action, including discharge or suspension and the only matter that shall be subject to the grievance and arbitration procedure is whether or not the teacher has engaged in any of the activities prohibited above.

ARTICLE XIX TEACHER EVALUATION

A.            Purpose

The purpose of evaluation is to provide information for improving performance, provide a record of facts and assessments for personnel decisions, including decisions by the Employer on Professional Teacher Status, PTS, and to judge the total job effectiveness of a teacher on PTS.

B.             Evaluation Report

1.                    An Evaluation Report will be based on the current teacher assessment of the Freetown and Lakeville schools which utilize the existing state guidelines for minimum performance expectations.

2.                    The evaluator must document and justify any item which is judged to be unsatisfactory.

3.                    The evaluation instrument must provide for consideration of significant differences in teaching assignments; i.e., class size, characteristics of students, characteristics of the environment, availability of aides and support personnel (if appropriate).

C.             Procedure

1.             Non PTS teachers will be evaluated formally two (2) times from September to April 1. Such teachers will be evaluated informally three (3) times during that period. The first observation shall be no later than December 15. Any teacher may be evaluated more frequently than the minimum schedule stated above. Notwithstanding the fact that the Committee or the School Administration may conduct evaluations of teachers, more often than as stated above, nothing in this Article shall be construed to require such additional evaluations by the School Committee or the Administration as a condition precedent to any action which the Committee or the Administration is otherwise authorized to take by any law or by any of the terms of this contract. Multiple evaluations will occur only if the first evaluation documents that improvement is needed.

2.                    The evaluator will be trained in general principles of supervision and evaluation; and the evaluator will abide by the principles of fairness and equity, and evaluations will be scheduled at the discretion of the evaluator (subject to C.1.) and will be conducted openly and with the teacher's full knowledge.

3.                    The unit member shall have the right to identify any constraints which the unit member believes may inhibit his/her ability to meet the objectives and standards established.

4.                    No employee shall be evaluated on his/her classroom performance except after fair and reasonable observation. The result of the observation shall, within twenty (20) school days, be communicated orally and in writing to the employee. An employee may provide additional information on his/her performance.

5.                    The teacher will have the opportunity to respond, in writing, to his/her evaluation report. Such response will be attached to the evaluation report and be placed in the teacher's personnel file.

6.                    The evaluation report shall provide specific written recommendations for improving performance if any areas are identified as needing improvement, and that the evaluator will make available, when appropriate, counseling and reasonable resources to assist the teacher toward improvement. Reasonable timelines should be developed to allow the teacher to benefit from any recommendation(s) for improvement prior to subsequent evaluations.

7.                    All non-PTS teachers shall participate in pre-evaluation conferences with the administrator responsible for their evaluation. PTS teachers may request, in writing, a pre-evaluation conference with their administrator which conference shall occur a reasonable period of time prior to the actual evaluation.

D.            Miscellaneous

1.                    Teachers will have the right, upon request to review the contents of their personnel file. A teacher will be entitled to have a representative of the Association accompany him/her during such review and to receive a copy of anything in the file.

2.                    No material derogatory to a teacher's conduct, service, character, or personality will be placed in his or her personnel file unless the teacher has had an opportunity to review the material. The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his or her signature to the copy to be filed, with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material, and his/her answer shall be reviewed by the Superintendent and attached to the file copy. The parties agree to abide by the provisions of Chapter 71, Section 38. A teacher may grieve and arbitrate the placement of materials in his or her personnel file pursuant to the provisions of Article VI of his contract and pursuant to the grievance and arbitration provisions of Article II hereunder. Regarding teacher evaluations conducted pursuant to state law and the provisions of this Article, however, a teacher may only grieve or arbitrate alleged procedural errors; substantive judgments and opinions of evaluators are not subject to the grievance and arbitration process. In no case shall such derogatory material be introduced in a grievance or arbitration if such material was not presented to the teacher for his or her signature provided however, that written materials or correspondence addressed to the teacher at his or her place of employment or last noted residential address on the records of the District, provided further that the teacher has received such correspondence, shall not be subject to this exclusionary rule. Any grievance and related document, which has been resolved, shall not be introduced in a subsequent grievance or arbitration if as part of the resolution of the earlier grievance it was agreed that any related documents shall be purged from grievance or personnel files and any other files regardless of their location upon a stated condition or event.

3.                    In the case of any complaint received by the Administration, a teacher will be notified of the complaint and the source of the complaint, prior to any action being taken concerning the complaint. The final disposition of the complaint will be made known to the teacher.

4.                    The teacher will be informed as to who will be evaluating him/her, and every effort will be made to provide evaluators who have or have available to them the expertise in the subject matter area to be evaluated. In the case of an emergency, another evaluator may be assigned, and the time lines will be waived to accommodate the change.

5.                    The evaluation process shall be free of racial, sexual, religious and other discriminations and biases.

6.                    The evaluator will be trained in general principals of supervision and evaluation; and that the evaluator will abide by the principles of fairness and equity and that evaluations will be conducted openly and with the teachers full knowledge. It is also expected that evaluation reports shall provide specific written recommendations for improving performance if any areas are identified as needing improvement, and that the evaluator will make available, when appropriate, counseling and reasonable resources to assist the teacher towards improvement. Reasonable time lines should be developed to allow the teacher to benefit from any recommendation(s) for improvement prior to subsequent evaluations.

7.                    Prior to evaluations, a teacher will be informed, in writing, as to the purpose of the evaluation and the procedure to be followed. (A communication referencing the evaluation Article and the evaluation instrument will suffice for the notification.)

8.                   The performance standards shall be measured.

9.                    Information used by any evaluator other than direct observation must be documented.

E.             The evaluation of unit personnel will be in accordance with the Department of Education's Regulations for Evaluation of Teachers and Administrators. Said Regulations were approved by the Board of Education under the authority of the Massachusetts General Law, Chapter 71, Section 38.

F.             All evaluations standards must meet the following principles of effective teaching:

1.             Currency in the curriculum.

,              The teacher is up to date regarding curriculum content.

2.             Effective planning and assessment of curriculum and 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 instruction, materials or assessments when appropriate.

3.             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.

4.             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 and ability to learn.

5.             Promotion of high standards and expectations for student 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.

6.             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.

7.             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.

G.            Guidelines for Minimum Performance Standards

An integral part of both PTS and non-PTS staff's employment in the Freetown and Lakeville Schools is continuous appraisal by their supervisors of their ability to meet minimum performance expectations. The appraisal of these minimum expectations will typically be made through a supervisor's routine contact and interaction with the staff member. As appropriate to the various jobs performed by staff members, the minimum performance expectations include, but are not necessarily limited to the following:

1.             Shows evidence of knowledge of subject matter.

2.                    Meets and instructs students at designated locations and times.

3.                    Develops and maintains a classroom environment commensurate with the teacher's style, norms of the building program, appropriate to the classroom activity, and within the limits of the resources provided by the District.

4.                    Prepares for assigned classes, and shows written evidence of preparation and implementation on request of the immediate supervisor.

5.                    Encourages students to set and maintain acceptable standards of behavior.

6.                    Provides an effective program of instruction based on the needs and capabilities of the individuals or student groups involved. This should include, but not be limited to:

a.             Review of previously taught material as needed;

b.             Presentation of new materials;

c.             Evaluation of student progress on a regular basis.

7.                    Correlates individual instruction objectives with the philosophy, goals, and objectives stated for the school (or schools, systemwide, K-12).

8.                    Takes all necessary and reasonable precautions to protect students, equipment, materials and facilities. Appropriately uses and cares for equipment.

9.                    Maintains accurate records as required by law, District Policy, and administrative regulations, and is prompt in submitting these records.

10.                 Assists in upholding and enforcing school rules, administrative regulations, and policies.

11.                 Makes provision for being available to students and parents for education-related purposes when necessary and by mutual agreement.

12.                 Attends and participates in faculty, department, and system-wide meetings.

13.                 Cooperates with other members of the staff in planning instructional goals, objectives, and methods (participates in curriculum development).

14.                 Assists in the selection of books, equipment, and other instructional materials.

15.                 Works to establish and maintain open lines of communication with students, parents and colleagues concerning both the academic and behavioral progress of all students.

16.                 Establishes and maintains cooperative professional relations with others in their buildings and district.

17.                 Performs related duties as assigned by the administration in accordance with contractual obligations.

18.                 Is receptive to new ideas and change.

19.                 Shows and evidences willingness to accept suggestions and directions for improvement.

20.                 Has the ability to follow-up on or follow-through with ideas.

21.                 Has command of and appropriately uses the English language, and is able to communicate effectively in oral and written media.

ARTICLE XX REDUCTION IN FORCE

A.            In the event a School Committee determines in its non-arbitrable discretion that it is advisable to reduce the number of PTS employees in the bargaining unit, the procedures set forth hereinafter, which are arbitrable, shall apply:

1.                   Said reduction where possible shall be accomplished by attrition.

2.                    In the event of a reduction of staff, a PTS employee shall not be laid off if there is a non-PTS employee whose position the PTS employee is certified to fill.

B.            There shall be four (4) categories and within the affected categories disciplines of certification shall be defined as follows:

1.             K-4 CATEGORY: (one for Lakeville and one for Freetown) Classroom

Music

Art

Physical Education

Special Needs with Certification

Reading

Speech Therapist

School Psychologist

Library Science/Unified Media Specialist

2.             5 & 6 CATEGORY:

Classroom

3.             7-12 CATEGORY:

English

Math

Social Studies

Science with Certification

(see Agreement of September 1, 1983 regarding Middle School Science Teachers which is hereby incorporated by reference)

Foreign Language with Certification

4.             5-12 CATEGORY:

Art

Music

Physical Education

Special Needs with Certification

Guidance

Reading

Speech

School Psychologist

Industrial Arts

C.            Bumping Procedures at the Elementary Level:

A PTS employee who has been reached for lay-off in each respective elementary building will be allowed to bump within his/her respective elementary building an employee with the least seniority in other elementary disciplines in which the more senior employee is certified and qualified.

D.            Bumping Procedures at the Regional District Level:

7-12 Category, 5-12 Category in which the more senior employee is certified and qualified.

CATEGORY 7-12:

A PTS employee who has been reached for lay-off within the 7-12 category will be allowed to bump an employee with the least seniority in other disciplines in the 7-12 category, 5 & 6 category, and 5-12 category in which the more senior employee is certified and qualified.

CATEGORY 5-12:

A PTS employee who has been reached for lay-off within the 5-12 category will be allowed to bump an employee with the least seniority in other disciplines in the 7-12 category and 5 & 6 category in which the more senior employee is certified and qualified.

In addition to the above if there are no vacant positions in the Regional School District for which an employee who has been laid off or whose position is eliminated is certified and qualified, he/she may, upon the recommendation of the Superintendent, replace any Regional School District employee with the least seniority in other disciplines taking all disciplines as a whole in which the more senior employee is certified as herein provided. Such recommendation shall not be unreasonably withheld.

E.             In implementing the procedures contained in this Article, the term "qualified" shall mean the more senior employee has previously held a regular teaching assignment for at least one year in the area of alternative certification in this school system and providing further that an employee who has not previously taught/held a position in the area of alternative certification in this system within the past five (5) years shall obtain six (6) semester hours of academic preparation in the subject area of alternative certification prior to the second year of assignment in the area of alternative certification.

F.             Seniority shall be defined as the length of continuous service in years, months, and days in the Freetown, Lakeville, and/or Regional School District in a professional position within the bargaining unit as described in Article I.

Notwithstanding the above definition of Seniority which, in effect, precludes Administrators from displacing members of the bargaining unit, an administrator may be appointed to a vacancy for which there are noneligible teachers on the recall list. If said administrator had previous experience in the bargaining unit, then said administrator shall return to the bargaining unit with all his/her most recent continuous service earned.

An individual employee's seniority shall be computed from the initial date of the employee's appointment by the School Committee as reflected in the official. School Committee minutes. In the event of identical seniority between two or more professional employees, the professional employee who has attained the highest level of professional training as set forth in appendix A, Section 2 of this Agreement shall be deemed to have the greater seniority. If there is identical seniority between two or more professional employees with identical levels of education as is set forth in Appendix A, Section 2 of this Agreement, the Committees reserve the right to the final determination of the employee to be retained.

G.            Leaves of Absence: All paid or partially paid leaves of absence provided in this

Agreement and/or approved by the School Committee shall count towards seniority. All unpaid leaves will not count towards seniority but shall not interrupt service. Teachers on leave of absence shall be eligible to be laid off as though they were currently serving on active duty. For the purposes of this Agreement, Maternity Leave shall be considered an unpaid leave except for that portion of disability leave which is paid pursuant to Article VIII.

H.            Notification: Those teachers being laid off will be notified on or before June 15^tb.

I.              Certification: For the purposes of this Article, "certification" shall mean a professional employee's credentials as mandated by the Massachusetts State Department of Education Bureau of Certification. In implementing the procedures set forth in this Article, the teacher's certification to be utilized is that certification on file in the Superintendent's office at the time the School Committee initially votes a reduction in force.

J.              Seniority List: By February 1st of each school year the Superintendent of Schools with the assistance of the President of the Educators' Association of Freetown and Lakeville will prepare and post a seniority list by discipline. If so certified, personnel may appear on the seniority list in more than one discipline as defined in this Article. Said seniority list shall be posted in all buildings. Professional employees with the greatest length of seniority as previously defined will be listed first in each discipline. Employees with the least amount of service will be placed last on the list.

K.            Recall:

1.             The effective date of the reduction or release shall be the last day worked by the teacher. In cases where the last day worked is the last day of the school year for teachers, such effective date shall be the day before the first day of the next school year for teachers.

2.                    A professional employee on the recall list shall be deemed to be on an involuntary leave of absence for the duration of his/her recall period.

3.                    Employees on the recall list will be recalled to vacancies which may occur in their last previous discipline in the reverse order of their lay-off. All employees on the recall list will be recalled to vacancies which may occur in disciplines in which they hold alternative certification provided there are no employees on the recall list awaiting recall to vacancies in said discipline and provided further that said employee has taught/held a position in such other discipline in the school system in accordance with the conditions set forth in Section E of this Article. If the position cannot be filled by a teacher on the recall list who is certified and qualified for said position but there is a teacher on the recall list who is certified for said position, the qualification requirement will be waived. In addition, if there is an employee on the recall list who is certified but not qualified for a position and more senior than another certified and qualified teacher eligible for said position, either teacher, may, upon the recommendation of the Superintendent, be appointed to the position.

4.                    When a vacancy occurs which the School Committee determines to fill, the appropriate teachers on the recall list will be notified by certified mail at their last address on file in the Superintendent's Office. Failure to accept the certified mail shall not justify failure to meet the necessary response date. Failure to respond to the Superintendent of Schools within fourteen (14) calendar days of the mailing date of the recall notice shall be considered a rejection of such offer and the employee shall be dropped from the recall list. It shall be the responsibility of the personnel on the recall list to inform the Office of the Superintendent of Schools, in writing, of changes in address. Employees on the recall list shall have priority in filling vacancies until all appropriate teachers on the recall list have been offered the vacancy pursuant to the provisions of this paragraph. A teacher, who accepts a part-time position upon recall, shall have first choice for the next vacant full-time position for which said employee is both certified and qualified.

5.                    For purposes of this Article, "vacancy" shall be defined as a professional teaching position caused by resignation, retirement, death, or resulting from the establishment of a new position or from a leave of absence of not less than one (1) year.

6.                    Subject to the provisions of applicable law and the insurance policy, an employee on the recall list shall be entitled to membership in any group health or life insurance coverage in existence at the time of the effective date of the lay-off provided, however, that the employee pay the entire cost of such insurance pursuant to the requirement of the law, and there shall be no contribution by the Committee for said employee's insurance.

7.                    Upon return to active employment from the recall list, an employee will have restored to him/her any benefits he/she had accumulated prior to lay-off including, but not limited to, the same number of sick days which he/she had accumulated at the time of his/her lay-off. Upon return, an employee will be placed on the appropriate salary schedule at the same step attained just prior to lay-off unless . the lay-off occurred during the work year and the employee had worked for more than 91 days, in which case the employee will move to the next step of the appropriate salary schedule.

8.                    No teacher covered by the Contract will be. laid off and replaced as a result of professional services being performed by per-diem/intermittent substitute teachers, teacher aides, or in-school academic tutors who are specifically excluded from the bargaining unit. It is understood by the parties that the above language shall in no way infringe upon the School Committee's right to reduce a full time position to a part-time position.

The provisions of this Article shall not apply to employees whose contracts are not renewed or whose contracts are terminated for reasons other than a reduction in personnel.

Except as set forth below, nothing in this Article shall act so as to diminish the rights of teachers under M.G.L., Chapter 71, sections 41 & 42,and Chapter 32, Section 16. Any teacher who accepts an involuntary leave in lieu of dismissal as the result of a reduction in force pursuant to this Article, shall waive, in writing, any present or future rights to a dismissal hearing which he or she may have pursuant to Chapter 32, Section 16, and, Chapter 71, Section 42. Any employee who desires to obtain the protection of PTS rights and contractual benefits provided by this Article in lieu of dismissal shall execute and deliver to the Committee a counterpart of the form attached hereto as Exhibit A., a waiver of any rights to a dismissal hearing and appellate procedures which said employee may have pursuant to M.G.L., Chapter 71, Section 42 and 43A and Chapter 32, Section 16. The Committee, or its authorized designee, will execute and provide to any such employee a counterpart of Exhibit B, attached hereto.

For the School Committees of the Towns of Freetown and Lakeville and the Freetown-Lakeville Regional School District

EXHIBIT A TEACHER LETTER

I have received the School Committee's notice that it intends to take a vote on __________, (20), with respect to my dismissal effective (20 ) pursuant to the provisions of M.G.L.c.32, 8.6. I understand I have a right to request and be furnished by the School Committee with a written statement of the reasons for which my dismissal is proposed, and a right to request and be given a hearing before the School Committee with representation of counsel of my own choosing. I also understand that I have a right to appeal such a vote of the School Committee pursuant to M.G.L.c.32, S.16 and c.71 42.

Since I desire to secure the benefits of the recall period as set forth in the contract between the School Committees of the Towns of Freetown and Lakeville and the Freetown/Lakeville

Regional School District and the Educators' Association of Freetown and Lakeville dated (20), and because I wish to retain my. status as a PTS teacher in the School system during such recall period, and in the event of my recall and return to active service, and since I admit that due to economic and budgetary considerations the School Committee has good cause for my dismissal, I hereby waive any written statement of the reasons, and waive my request for a hearing, and waive all rights of appeal, all as provided in c.71, 42 and 43a, and c.32, S.16 of the Massachusetts General Laws, all in considerations of the School Committee's agreement that because of such admissions and waivers, the School Committee shall not vote on my dismissal effective at the end of the school year pursuant to the provisions of M.G.L., c.71, S.42 and c.32.. S.16 but shall instead place me on an involuntary leave of absence without pay or increment as a result of layoff.

I understand that effective _______, I will, unless recalled and returned to effective service, be on a leave of absence without pay or increment as a result of layoff. If I am returned to active service during the recall period, the Committee agrees that any and all waivers and admissions which I have made in this letter shall not be applicable to any subsequent layoff(s) and/or dismissal(s). If I am not returned to active service during recall period, I understand the Committee will vote to dismiss me at the end of said period and that I have waived my rights to any statement of the reasons, and my rights to any statutory hearings or appeal with respect to that dismissal

I expressly do not waive any right I may have to contest by grievance and arbitration whether the School Committee has observed the provisions of the Contract between the School Committees of the Towns of Freetown and Lakeville and the Freetown/Lakeville Regional School District and the Educators' Association of Freetown and Lakeville dated ____________,(20 )

EXHIBIT B SCHOOL COMMITTEE LETTER

The School Committee is in receipt of your letter of ______, (20 ), requesting that you be granted an involuntary leave of absence without pay or increment as a result of layoff.

In order that you may receive the benefits of recall and in order that you may retain your status as a PTS teacher in the School System during such recall period, and in the event that due to economic and budgetary considerations the School Committee has good ;cause for your dismissal, and in consideration of your having waived the following:

(1)                 any written statement of the reasons for which your dismissal is proposed

(2)                 any request for a hearing before the School Committee as well as before the Contributory Retirement Appeal Board under M.G.L., c.32, s.16

(3)                 all rights of appeal as provided in M.G.L., c.71, S.42 and 43a, and M.G.L., c.32, S.16; therefore, the School Committee expressly agrees that because of your admissions and waivers, the Committee shall not vote on your dismissal effective ___ of the ( ____ ) school year but rather for a leave of absence without pay or increment as a result of layoff pursuant to the Contract between the School Committees of the Town of Freetown and Lakeville and the Freetown/Lakeville Regional School District and the Educators' Association of Freetown and Lakeville.

As a result of the School Committee's having granted your request, effective _______, you will, unless recalled and returned to active service, be on a leave of absence without pay or increment as a result of layoff.

The Committee agrees that if you are returned to active service during the recall period, any and all waivers and admissions to which you have agreed with respect to this initial layoff shall continue in full force and effect but shall not be applicable to any subsequent layoff(s) and/or dismissal(s). If you are not returned to active service during the recall period the Committee will vote to dismiss you at the end of said period, and in accordance with your waivers and admissions there will be no requirements of any statement of reasons, or of any formal statutory hearings and no appeal from said dismissal vote.

The Teachers Association and the Committee further agrees that you expressly do not waive any right you may have to contest by grievance and arbitration whether the School Committee has observed the Contract in effect at the time of your layoff.

In the event you are not returned to active service in accordance with the recall provisions of the Contract then, in such event, the Committee intends to vote on your dismissal on ________ (20 ), at its meeting at p.m. in the Superintendent's Office or such other place as may be designated as its meeting place on that date.

ARTICLE XXI GENERAL PROVISIONS

A.            This instrument constitutes the entire Agreement arrived at as a result of Collective Bargaining negotiations, except such amendments hereto as shall have been reduced to writing and signed by the Parties.

B.            The terms of this Agreement are applicable to any bargaining unit employee engaged in after school teaching, tutorial, summer program, coaching, and intramural activity to the extent that this agreement makes specific reference to said activity.

C.            Regular part-time teachers shall be entitled to share in all the benefits of this Contract in direct proportion to the amount of time they work as specified herein. Regular part-time teachers shall share in the usual and customary duties and responsibilities of all other unit members.

D.            Any waiver or breach of condition of this Agreement by either Party shall not constitute a precedent with respect to further enforcement of all the terms of this Agreement.

E.             In the event that any provision of this Agreement or application of this Agreement to any employee or group of employees within the bargaining unit or any arbitration award made hereunder shall be held to be contrary to state or federal law, then such provision or application shall not be deemed valid and subsisting, except of the extent permitted by law, but all other provisions of this Agreement will continue in full force and effect for the duration of this Agreement.

F.             The School Committee and the Association agree not to discriminate against any member of the bargaining unit on the basis of race, color, creed, national origin, sex, marital status or outside political activities.

G.            The Committee and the Association recognize that teaching is a professional endeavor and in order to promote professional growth and improve educational quality in the system, it is desirable that within the criteria of the established curriculum and teacher evaluation procedures, individual teaching styles be recognized.

H.           Non-Waiver:

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

I.              Protection:

In any reported assault and battery suffered by a teacher, the administration will immediately notify the town solicitor's office or Counsel to the school committee. Teachers are hereby advised of their option to pursue the matter through the District Attorney's Office in the event they wish to bring criminal charges and are further advised they may have other rights of a civil nature which may be exercised through independent counsel. If the school committee's liability insurance carrier provides counsel for employees of the district, and subject to the provisions of Chapter 258 of the General

Laws of the Commonwealth, a teacher may obtain advise of such counsel regarding his or her rights. When a teacher, reports to an administrator an assault by a student the administrator shall conduct an inquiry as soon as practicable. Consistent with due process, students may be suspended or otherwise disciplined if such action is deemed appropriate by the administrator.

J.              Substance Abuse:

Alcoholism and drug abuse are recognized by the parties to be treatable illnesses. Without detracting from the existing rights and obligations of the parties recognized in the other provisions of this Contract, management and the union agree to cooperate in encouraging employees afflicted with alcoholism or drug abuse to undergo a program designed to rehabilitate the employee. An individual can avail him/herself of up to twenty (20) workdays with sick leave pay for enrollment in a recognized substance abuse program. Any additional days would be subject to approval by the. School Committee. If the problem recurs, or an employee refuses to avail him/herself of assistance, and alcoholism or drug abuse impairs work performance, attendance, conduct or reliability, the normal contractual disciplinary procedures for dealing with problem employees may be used.

K.            Professional Support:

The Committees believe that within a progressive discipline model the processing and investigation of complaints concerning professional staff is an administrative responsibility, subject to the terms of the Agreement and applicable law. A system of complaint management mutually devised by the Committee and the Association assists all parties to understand the process. Therefore, the Committee and the Association agree as follows:

1.                   Teachers will be supported by administrators in all cases in which such teachers have acted in accordance with School Committee Policy, Rules and Regulations, building policy, the teachers' handbook, statutes of the Commonwealth or the United States or teachers have used reasonable professional judgement.

2.                   Whenever a complaint is made to any administrator concerning a teacher, which the administrator considers serious, the administrator shall first refer the complainant to the teacher and so notify the teacher, who will contact the complainant for the purpose of scheduling a meeting. If the complainant requests a meeting with the teacher, the teacher will schedule such meeting. If the teacher so requests, a building administrator will be present at such meeting.

3.                   Complaints may be handled either formally or informally. In informal instances, the Administration will verbally advise the teacher of the status and outcome of the matter. If the Administration determines that a formal procedure is warranted, the Administration will so advise the teacher in writing. The Administration will then investigate and review the matter prior to making a written determination which will be forwarded to the teacher. Adverse action, if any, will be consistent with progressive discipline and subject to the terms of the Agreement and applicable law.

L.             The President of the Association shall be provided with an advance copy of the agenda of School Committee meetings. Upon request of the Association, the minutes of School Committee meetings will be provided to the Association within five (5) business days after the approval of said minutes.

M.           To the extent required by regulations of the Massachusetts Department of Education concerning teacher recertification, teachers will relate their Individual Professional. Development Plans to the district plan and their individual school improvement plans and will not have approval of their plans unreasonably denied.

ARTICLE XXII SALARIES

A.            The salary schedules and general provisions with respect to salaries shall be set forth in Appendices A, B, and C of this Agreement.

B.            Longevity:

Effective 9/1/09

12 years$1,350.00

20 years -$1,450.00

25 years -$1,550.00

30 years$1,650.00

All years of teaching in Freetown, Lakeville, and Regional Schools shall count towards years of service. For employees hired during a school year, the following shall apply; an employee with an initial hire date before February 1 of the school year shall receive credit for that year. Employees with initial hire dates after February 1 of the school year shall not receive credit for that year for the purpose of calculating longevity only. Longevity payments shall be made in a lump sum in the first paycheck in December, each year.

C.            Longevity Buy-Out

Effective September 1, 2004, bargaining unit members with a minimum of ten (10) completed years of service may elect Longevity Buy-Out payments once in their career, as provided herein below, for three (3) consecutive years.

Longevity payments specified in Article XXII, Section B will continue upon a bargaining unit member's election of Longevity Buy-Out payments under this section, under the following terms.

The longevity buyout payments will be reduced by the amount of the longevity payment and the balance will be paid on a bi-weekly basis for three years. No staff member may receive more than the maximum 3-year longevity buyout of 3 years at $5,825.00 or $17, 475.00 when combining longevity payments and longevity buyout payments. Therefore, if a staff member elects to leave prior to the 3^rd full year of longevity buyout payments, the traditional longevity payment in December will be forfeited. The balance of the payments due will still be spread out from September to June each year even if the staff member is no longer actively employed. All payments for longevity and longevity buyout will cease after 3 years, even if the staff member remains actively employed.

In order to elect this option, an employee must provide written notice to the Superintendent on or before the November 15 immediately proceeding the September 1 of the first year of this option.

After 10 through 14 years -                $3,450.00 per year

After 15 through 19 years -                $4,625.00 per year

After 20 years -                                     $5,825.00 per year

D.            All members of the bargaining unit shall have the following options for payment of salary:

1.                   Bi-weekly equal payments (26 pay periods).

2.                   Bi-weekly equal payments for the duration of the school year. (22 pay periods)

3.                   All members of the bargaining unit will utilize direct deposit.

ARTICLE XXIII DURATION

A.            This Agreement shall become effective September 1, 2009, and shall continue in effect up to and including midnight of August 31, 2012, provided however, that the parties agree to continue negotiations relative to wage/salary/economic issues for the 2010-2011 and 2011-2012 years of the agreement.

B.             Either party may give to the other written notice of its intentions to terminate or modify this agreement by certified mail between September 1,2011 and December 31, 2011.

C.             Negotiations for terms of a new agreement to become effective September 1, 2012, will start no later than sixty (60) calendar days after the service of notice as provided in paragraph B above.

D.            None of the provisions contained in this Article shall prevent the parties, by written agreement, from extending any portion or all of this agreement (at any time after notice to terminate or modify is given) for any agreed upon period beyond its expiration date.

EAFL REPRESENTATIVES

_________________________                                      _________________________

Elizabeth Carter, President                                                  Date

_________________________                                      _________________________

Cynthia Stork, Bargaining Chair                                        Date

SCHOOL COMMITTEES

_________________________                                   _________________________

Joseph B. Shaw, Jr., Chairperson                                    Date

Freetown School Committee

_________________________                                   _________________________

Charlene K. Shea, Chairperson                                        Date

Freetown-Lakeville Regional School Committee

_________________________                                   _________________________

David A. McQueeney, Chairperson                               Date

Lakeville School Committee

APPENDIX A GENERAL PROVISIONS

1.             INITIAL EMPLOYMENT:

The opening of the beginning salary, with respect to steps and levels, for any teacher applying to one of the units covered by this Agreement, shall be set through recommendation of the Superintendent to the School Committee, and shall be finally set by appropriate action on the part of the School Committee. Due weight shall be given to the teacher's preparation, past experience, the availability or scarcity of qualified persons, number of years of teacher experience, and the nature of the position to be filled. Any teachers who are hired at a lower step or level than that for which they may potentially be qualified by prior experience, credits or degrees, shall be so notified in writing, at the time of their initial employment.

2.             DEFINITION OF LEVELS:

The levels on this salary schedule shall be designated as follows:

I.                   = Bachelor's (BS;BA)

II.                 = Bachelor's plus 15 credits (BS; BA)

III.           = Master's (MA; M.Ed; MAT)

IV.               = Master's plus 15 credits (MA; M.Ed; MAT)

V.                 = Master's plus 30 credits (MA; M.Ed; MAT)

VI.           = Master's plus 45 credits (MA; M.Ed; MAT)

VII.         = Master's plus 60 credits (MA; M.Ed; MAT)

Courses taken after and beyond the bachelor's degree, regardless of sequence, may be used for advancement on the salary schedule.

3.                   CERTIFICATION WAIVER: Persons serving on a waiver must show evidence of progress toward certification during each contract year. No increment shall be given to a person on the salary schedule serving under a waiver who fails to submit satisfactory evidence of progress towards certification in the subjects for which he is employed to give instruction. Personnel teaching in a subject area covered by Chapter 71B (Chapter 766) of the General Laws of the Commonwealth of Massachusetts shall not be subject to this provision.

4.                   LEVEL ADVANCEMENT:

A.            Courses taken for advancement to Level II (first fifteen hours) must be approved by the Superintendent of Schools, except that courses taken in the subject matter field will not be disapproved. Subject matter field is defined as follows:

1.                    Elementary: All subjects currently taught within the respective school.

2.                    Intermediate School: All subjects currently taught within the respective school and/or the teacher's assigned specialty within the team or grade.

3.                    Middle School: The teacher's assigned specialty within the team or grade.

4.                    High School: The teacher's assigned class specialty.

5.             All Levels: A maximum of nine (9) credit hours within the first fifteen (15) hours may be taken in the field of education (excluding guidance).

B.             Courses taken in any graduate degree program in the teacher's field or in the field of education need not be submitted for prior approval, unless they are being used to qualify for a Level II advancement.

C.             Courses taken beyond Level III need not be submitted for prior approval as long as they are in the field of education, the assigned subject matter field, or have direct application to the teacher's job assignment. Any exceptions to this provision must be given prior approval by the Superintendent of Schools.

D.            Courses taken on the undergraduate level shall receive one/half (1/2) their value for salary advancement purposes unless they are approved by the Superintendent for full salary credit.

E.             Employees shall provide the Superintendent's Office with written verification by the best available evidence of successful completion of courses taken for level advancement as soon as possible and no later than two weeks prior to the first day of school. If said verification is other than by transcript, said transcript shall be filed with the Superintendent's office no later than November 30th.

5.             PRIOR RULES

A.            All teachers on Level II or beyond on the payroll, effective September 1,1974, are permitted to advance two (2) additional Levels from their position on that date without achievement of the Master's Degree.

B.            All teachers on Level I with nine (9) credit hours, effective September 1,1975, are permitted to advance two (2) additional Levels without achievement of the Master's Degree.

C.l.           For the purposes of the application of prior rules only, Levels are defined as follows:

a.             Level I                   Certification

b.             Level II                  Certification + 15 credits

c.             Level III                 Certification 4-30 credits

d.             Level IV                 Certification + 45 credits

e.             Level V                  Certification 4-60 credits

2.             Certification shall mean approval by the appropriate division of the Department of Education of the Commonwealth of Massachusetts in the form of a certificate, properly dated, that the employee is approved to serve as a teacher in the Commonwealth of Massachusetts.

3.             All "prior rules" for approval and crediting of courses taken toward progress On the salary, schedule set forth in the 1972-74 Contract between the Committees and the Association shall govern progression under this provision.

6.             CHANGES IN TEACHING ASSIGNMENT:

If a certified teacher is required to teach in an area where he/she lacks certification, the courses then taken to achieve the additional certification shall be applicable to both horizontal and vertical progression.

7.             TUITION REIMBURSEMENT:

The School Committees agree to pay fifty percent (50%) of the tuition for one course per year per teacher taken in a degree program, in his field, in education, or other courses . approved by the Superintendent, if passed with a grade of B-or better. -Regular part-time teachers, as defined in Article I, shall also receive fifty (50%) percent of the tuition for one (1) course per year as described above.

Paid by the Committee for the one course per year:

Tuition                                    Fees

9/1/09                                                               1/2 cost                                   full cost

Prior to the first class meeting of any course or workshop session, every teacher must complete a course reimbursement form. It must be signed by the principal and by the superintendent. A signed copy will be returned to the teacher with a purchase order number assigned to it, guaranteeing funds have been encumbered for the purpose of reimbursement. This is not to be construed as a need for course approval.

8.             CHANGES IN LEVEL:

Teachers who anticipate completion of requirements for reclassification from any one of the salary levels to a higher salary level by September 1 of any year, must notify the Superintendent of such possibility prior to the preceding November 1.

9.             STATE REQUIRED COURSES:

In those instances where courses are required by a Division of the Massachusetts Department of Education which said Division shall consider essential for approval of the school program, the Committee will reimburse the individuals for expenses incurred.

10.           CONTINUITY OF STATUS:

A.            Each person presently included in this bargaining unit shall be assumed to have satisfied all requirements for progression on the new Salary Schedule if they qualified for such movement under the previous instrument; and no person presently included in this bargaining unit shall be penalized by regression through Levels or Steps, or loss of Course credits as a result of the transition to or interpretation of the Contract effective September 1, 1980.

11.           PRINTED COPIES:

Copies of this Agreement will be made available to all employees covered by the Agreement, all members of the School Committees, all members of the Administration, plus a reasonable number of spares for new employees, 25 additional copies for Association use, and 25 additional copies for the combined use of the Committees, the reasonable costs to be shared equally by the Committees and the Association. Such costs will be agreed upon in advance by both parties.

12.           STIPENDS:

All members of the bargaining unit shall be paid at the rate equal to $38.35, effective 9/1/09, per hour for all work done outside the school day in the following areas:

1.                    Curriculum

2.                    Tutoring

3.                    Summer School

4.                    Title Projects

5.                    Grants

6.                    Anything else not included in the Appendix C.

13.                Part-time teachers who are new to the bargaining unit shall continue on the Salary Schedule - Appendix A - in a manner consistent with the past practice of the Committee and the Association.

14.                Non-Resident Employee Student Enrollment

Members of this bargaining unit shall be granted the privilege of free tuition at any of our public schools under the following provisions:

1.                   No implied preference shall be granted for the enrollment of any non-resident child in school and classes where enrollment is over-crowded, to the exclusion of the enrollment of resident children.

2.                   No implied guarantee shall be made requiring the enrollment of any student within the same school to which the parent member may be attached.

3.                   Non-resident children of bargaining unit members may be asked to withdraw from enrollment in extreme disciplinary cases or when an I.E.P. under Chapter 766 would place an unfair financial obligation upon the Town of Freetown, the Town of Lakeville, or the Freetown-Lakeville Region.

4.                   It is understood that the discretion of the School Committees and the Superintendent in non-resident enrollment shall be final and not subject to the provisions of the grievance procedure herein.

5.                   The employee is responsible for the transportation of the student to and from the designated school(s).

6.                   A notification form must be submitted for each child each year.

APPENDIX B: SALARY SCHEDULE

SALARY:

Effective September 1, 2009, the following Salary Schedule shall be in effect and shall become the 2009-2010 salary schedule.

No step increases will occur.

Level advancement will be funded at sixty-seven percent (67%).

The parties agree to enter into discussions relative to wage/salary/economic issues for the remaining years of the agreement.

NOTE 1:                 The parties agree that professional employees shall be placed on the 2009-

2010 salary schedule at the same step as they maintained on the 2008-2009 salary schedule. Said step freeze shall be for the 2009-2010 school year only.

NOTE 2: For the 2009-2010 school year, level advancement will be delayed/deferred so as to be effective one-third (l/3^rd) of the way through the school year. For payroll purposes, level changes shall be paid over the entire school year at the rate of sixty-seven percent (67%).

APPENDIX B TEACHERS' SALARY SCHEDULES

 

 

 

 

 

 

Appendix C

Extra Curricular Activities/ Coaching Salaries

1.                    A Joint Salary Restructuring Committee was established by the Parties promptly following the execution of this Agreement to review individual extra curricular and coaching salaries to ascertain if the salary of any such positions should be restructured. Such Committee was comprised of an equal number of members appointed by the Employer and the Association. It is the goal of the Parties that such Committee reports its recommendations to the Parties as soon as possible, and that the Committee remain on going.

2.                    In addition, all extra curricular and coaching salaries shall be increased in each year of the Agreement by the same percent that is applied to the Teacher Salary Schedule effective for that year, across the board.

3.                    If an activity that is not included in Appendix C is started in a non-negotiating year, the stipend will be set at five hundred dollars ($500.00) for the first year, and seven hundred and fifty dollars ($750.00) for the second year. If after the second year the activity is deemed valuable, then negotiations for appropriate compensation and placement in Appendix C will take place.

4.                    When there is more than one advisor for an Appendix C activity and one of the advisors, for whatever reason is no longer capable of performing services, the remaining advisor has two options:

a.             receive the residual from the other member's stipend and become the sole provider

b.             request the vacancy be posted and filled.

APPENDIX C

EXTRA CURRICULAR ACTIVITIES/COACHING SALARIES

2009-10 Salary Schedule