Frontier

Show detailed information about district and contract

DistrictFrontier
Shared Contract District
Org Code6700000
Type of DistrictRegional Secondary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2016
Expired Status
Superintendency UnionUnion 38 Frontier
Regional HS MembersFrontier
Vocational HS Members
CountyFranklin
ESE RegionPioneer Valley
Urban
Kind of Communityrural economic centers
Number of Schools1
Enrollment705
Percent Low Income Students21
Grade Start7
Grade End12
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AGREEMENT

BETWEEN THE

FRONTIER REGIONAL DISTRICT SCHOOL COMMITTEE

AND THE FRONTIER REGIONAL TEACHERS ASSOCIATION

2013 - 2016

THIS AGREEMENT is made and entered into on the date set forth below by and between the FRONTIER REGIONAL DISTRICT SCHOOL COMMITTEE (hereinafter referred to as the "Committee"), and the FRONTIER REGIONAL TEACHERS ASSOCIATION (hereinafter referred to as the "Association").

PREAMBLE

1.        Recognizing   that   our   prime   purpose   is   to   provide   education   of   the   highest   possible quality for the students of the FRONTIER REGIONAL SCHOOL DISTRICT, and that good morale within the teaching staff of the Frontier Regional School is essential to achievement of that purpose, we, the undersigned parties to the Contract, declare that:

(a)        Under the Law of Massachusetts, (including, but not limited to General Laws, Chapter 70, 71, and 150E) the Committee, elected by the citizens of the towns comprising the Frontier Regional School District has final responsibility for establishing the educational policies of the public schools of the District.

(b)       Except as abridged or modified by this Agreement or any supplements hereto, all of the rights, powers, and authority held by the Committee prior to the effective date of this Agreement are retained by the Committee, and the exercise of said rights, powers, or authority shall not be subject to the grievance procedure or arbitration.

(c)        The Superintendent of the District, (hereinafter referred to as the Superintendent) or in his/her absence, some person duly vested with similar authority, has responsibility for carrying out the policies so established and those set forth in the General Laws, Chapter 71, and all other laws thereto pertaining.

(d)       The professional teaching staff of the public schools of the District has responsibility for providing education of the highest possible quality.

(e)        Fulfillment of these respective responsibilities can be facilitated and supported by consultation and free exchange of views and information between the Committee, the Superintendent, and the professional teaching staff in the formulation and application of policies relating to wages, hours, and other conditions of employment for the professional teaching staff

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

ARTICLE I

RECOGNITION

For purposes of collective bargaining with respect to wages, hours, and other conditions of employment, the negotiation of collective bargaining agreements, and any questions arising thereunder the Committee recognizes the Association as the exclusive bargaining agent and representative of all full-time and part-time professional employees of the Committee including degreed school nurses; excepting, however, the Superintendent, the Assistant Superintendent, the Special Education Director, the Business Manager, the Principal, the Co-Principals, the Assistant Principal,   the   Computer   Coordinator,   the   Director   of   Secondary   Education/Health   Education Coordinator and the Early Childhood Coordinator, Director of School Plant, and, when assigned to no more than a .4 teaching load, the Health Education Coordinator.

Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as the "teachers", and references to male teachers will include female teachers.

For the purposes of this Contract the following terms are defined:

1.         Full-time Professional Employee - any person employed under contract in a position which requires certification by the Massachusetts Department of Education and who would serve in that position for six and one half hours per day and 182 days in the aggregate shall be considered a full-time employee.

2.         Part-time Professional Employee - any person employed under contract in a position who does not meet the full-time requirements, but the position being fulfilled requires certification by the Massachusetts Department of Education. Part-time employees are covered under this Agreement; however, salary, leave and other benefits for which they are eligible, including preparation time are to be pro-rated according to one's full-time equivalency status.

ARTICLE II

NEGOTIATION PROCEDURE

A.        No later than November 1st of the calendar year preceding the calendar year in which this Agreement expires, the Committee and the Association agree to enter into negotiations over a successor agreement concerning all matters permissible by the Law of this Commonwealth to be the subject of collective bargaining. Within two weeks of date of said agreement to negotiate, a joint meeting will be scheduled for the purpose of revision of the guidelines under which negotiations will take place. Guidelines will be in writing and signed and executed by the designated chairpersons of both parties. Within thirty (30) calendar days of the aforesaid negotiation guideline meeting the first negotiation meeting shall be held at a mutually acceptable time and place. Any successor agreement so negotiated will apply to all teachers, and be reduced to writing and signed by the Committee and the Association.

B.        During negotiations, the Committee and Association will present relevant data, exchange points of view, and make proposals and counter-proposals. The Committee will make available to the Association for inspection all pertinent reports of the School System as are within the classification of public records. Neither party will be restricted in the use of professional and lay consultants to assist in the negotiations. Both parties agree to conduct such negotiations in good faith and to deal openly and fairly with each other on all matters.

C.        The Committee agrees that it will not adopt any change in policy which affects any of the provisions of this Agreement except that during the terms of this Contract, negotiations may be opened by mutual consent to cover issues that may arise under the Contract or not covered by the Contract. If an agreement is reached, an agreement of addendum to this Contract will be entered into and will be binding for the balance of the term of the Contract.

D.        The Committee agrees not to negotiate with any teachers' organization other than the organization recognized herein as the exclusive bargaining agent during the term of this Agreement.

ARTICLE III

GRIEVANCE PROCEDURE

A.        Definitions:

1.         A "grievance" is a claim based upon an event or condition which involves the interpretation, meaning, or application of any of the provisions of this Agreement.

2.         An "aggrieved person" is the person or persons making the claim.

3.         A "party-in-interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.

B.        Purpose:

1.         The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

2.         Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration or School Committee, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association is notified of the terms of the adjustment.

C.        Procedure:

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.

In the event a grievance is filed on or after June 1, which if left unresolved until the beginning of the following school year could result in irreparable harm to a party-in-interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.

1.        Level One:

A teacher with a grievance will first discuss it with his/her Principal (or the acting Principal), either directly or through the Association's School Representative, with the objective of resolving the matter informally. Before informally discussing a grievance with the Principal, a teacher will normally discuss such grievance with his or her department head or supervisor where such discussion is appropriate.

2.        Level Two:

(a)        If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within seven (7) days after presentation of the grievance, he/she may file a grievance in writing with the Superintendent of Schools within seven (7) days after the decision at Level One or fourteen (14) days after the grievance was presented, whichever is sooner.

(b)       The Superintendent will represent the Administration at this level of the grievance procedure. Within seven (7) days after receipt of the written grievance by the Superintendent, the Superintendent will meet with the aggrieved person in an effort to resolve it.

(c)        If a teacher does not file a grievance in writing with the Superintendent within twenty-one (21) days after the teacher knew or should have known of the act or condition on which the grievance is based, then the grievance will be considered as waived. A dispute as to whether a grievance has been waived under this paragraph will be subject to arbitration pursuant to Level Four. Within seven (7) days of meeting with the aggrieved person, the Superintendent shall give a written answer to the grievance which the aggrieved person brings forward.

3.        Level Three:

Within seven (7) days after a disposition by the Superintendent or within seven (7) days after the day on which the Superintendent should have given an answer, if no answer has been received, the grievant, if dissatisfied with the Superintendent's answer or if no answer has been given, may submit the grievance to the School Committee which will consider the matter at its next regularly scheduled meeting or may, at its discretion, within seven (7) days of receiving the grievance schedule a special session of the whole Committee or a Sub-committee to consider the grievance. Within ten (10) days after the School Committee or Subcommittee hears the grievance, the Committee's designee or the Committee will inform the Association of its disposition of the matter. The purpose of these meetings is to be resolution of the grievance.

4.       Level Four:

(a)        If the Association or Grievant is dissatisfied with the disposition of the matter or if no answer is given by the School Committee within ten (10) days, then within seven (7) days of the disposition or the last day on which an answer may be given by the Committee, the Association may file a demand for arbitration with the American Arbitration Association. It is recognized by the parties that after the demand for arbitration is filed, the rules of the American Arbitration Association and their time limits and procedures shall apply. The list of arbitrators shall be provided by said Association and the arbitrator will be chosen from the lists of that Association in accordance with their rules. The parties will make every effort to have the matter heard as soon as is reasonably possible.

(b)       The decision of the arbitrator will be rendered within thirty (30) days of submission of briefs or if there are no briefs, after the close of the hearing. The arbitrator's decision will be in writing and will set forth his findings of fact, reasoning, and conclusions on the issues submitted. The Arbitrator shall have no power to add to, subtract from, modify or amend any of the provisions of this Agreement, nor modify disciplinary action, nor shall he usurp the functions of the Committee or the proper exercise of its judgment and discretion under the Law and this Agreement, nor may he compel an act which is in derogation of such rights. No award shall be effective retroactively beyond the date at which the grievance was first presented under the Grievance Procedure established herein. The decision of the arbitrator will be submitted to the School Committee and to the Association and shall be final and binding upon the parties to this Agreement, and upon the aggrieved person or persons. Both parties to this Agreement realize that the submission of a particular matter to arbitration proceedings represents a step which, in most instances, ought to be avoided. Accordingly, before the arbitration option hereunder is invoked, the parties may mutually schedule such meetings as may be appropriate between representatives of both sides to attempt to resolve the matter on a local level.

(c)        Dismissals and suspensions of teachers either on professional teacher status or non-professional teacher status as provided for under General Laws, Chapter 71, Section 42, as amended, or any other applicable law, shall not be grievable, but the teacher shall have all of the rights and remedies provided for under the aforesaid laws.

(d)       If, at any time after the execution of this Agreement, binding arbitration is found to be illegal or is prohibited by legislative action, all references and provisions herein to such a procedure and the effect and application thereof shall thereafter be deemed null and void, and of no effect. If, at the time of such adjudication or legislative action, there are any grievances which have been submitted to arbitration and upon which no decision has been reached by the arbitrator under Article III, Section 4 (c), such grievances shall be affected only to the extent that the findings of the arbitrator shall be received and considered by the parties as advisory only. No further arbitration submissions will be required or permitted, and the grievance process will terminate at Level Three, and the decision of the Committee will thereafter be final.

(e)        The costs for 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 School Committee and the Association.

D.        Rights of Teachers to Representation:

1.          No reprisals of any kind will be taken by the School Committee or any member of the administration against any party-in-interest, any member of the Association, or teacher who has assisted in the preparation of a grievance, by reason of participation in the grievance procedure.

2.         Any party-in-interest may be represented at all stages of the grievance procedure by a person of his/her own choosing, except that he/she may not be represented by a representative or an officer of any teacher organization other than the Association. When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.

E.         Miscellaneous:

1.        If, in the judgment of the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Superintendent directly and the processing of such grievance will be commenced at Level Two. The Association may process such a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so.

2.        Decisions rendered at Levels One, Two, and Three of the grievance procedure will be in writing setting forth the decision and the reasons therefore and will be transmitted promptly to all parties-in-interest and to the Association. Decisions rendered at Level Four will be in accordance with the procedures set forth in Section C, Paragraph 4 (b).

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

4.        Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents will be jointly prepared by the Superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.

ARTICLE IV

SALARIES

A.        Effective July 1, 2013 there will be a one and a half percent (1.5%) increase in salary for steps one (1) through thirteen (13). Step 20L will be valued at five hundred dollars ($500) more than step 13. Step 25L will be valued at five hundred dollars ($500) more than step 20L.

Effective July 1, 2014 there will be a two percent (2%) increase in salary for steps one (1) through thirteen (13). Step 20L will be valued at five hundred dollars ($500) more than step 13.   Step 25L will be valued at five hundred dollars ($500) more than step 20L.

Effective July 1, 2014 there will be a two percent (2%) increase in salary for steps one (1) through thirteen (13). Step 20L will be valued at five hundred dollars ($500) more than step 13.   Step 25L will be valued at five hundred dollars ($500) more than step 20L.

B.        Teachers shall have the option annually of signing up for twenty-one/twenty-two (21-22) or twenty-six (26) / twenty-seven (27) pay periods. Those selecting twenty-six (26) pay periods shall be given the additional' option of receiving, with their twenty-first (21) or twenty-second (22) paycheck, a lump sum payment of the balance due on their contract. Teachers prior to the end of school in June must notify, in writing, the Central Office of their requested payment schedule. Teachers who request may have money withheld from salary in the credit union.

C.        All teachers entering the employ of the School Committee after the execution of this Agreement may be placed on the proper step of the salary schedule in accordance with their degree status and previous teaching experience; provided, however, that this section shall not preclude the administration from offering a prospective new teacher a lesser salary in the appropriate degree column on the salary schedule acceptable to the employee as long as Article XIV.C. Early Retirement and Incentive Plan shall remain available to members of the bargaining unit.

It is agreed that no such new teacher will receive a higher salary than any presently employed teacher with equal experience and training except in the case of a position requiring special or unusual skills and training.

D.         Teachers who expect to move to a new column must notify the Superintendent of Schools in writing on or before September 30 of the year preceding the expected move, in order to meet budget requirements. The appropriate increase in annual salary is to begin on September 1 following completion of the requirements for the degree with the exception that if the degree is granted in January, the increase in salary shall be pro-rated beginning the month following completion of the requirements for the degree.

E.          A teacher with a Master's Degree who subsequently obtains thirty (30) semester hours of study shall be compensated at a higher rate in accordance with "Appendix A".

ARTICLE V

PROFESSIONAL DEVELOPMENT

A.         Should the Committee request a teacher to take specific courses for advancement or improvement, it will reimburse the teacher for the entire cost.

Upon successful completion of an approved course, the teacher must provide receipts to the Superintendent with a college certified transcript of credit with the final course grade noted thereon. Reimbursement will depend on a grade of "B" or above in a graded course and a passing grade in a pass/fail course.

B.          The Committee will appropriate six hundred dollars ($600.00) for each full-time professional employee for professional development activities approved by the Principal. A part-time professional as defined in Article I will receive a pro-rated amount. Unused monies in this account will be offered to the staff for additional professional development activities or reimbursements on or before April 15th of each year. The total amount of the appropriated and additional professional development monies for each staff member will not exceed two thousand dollars ($2,000.00) per year.

Any professional development monies remaining as of May 15th shall revert to the building's general budget.

ARTICLE VI

TEACHER EVALUATION

A.        Pursuant to regulations adopted by the Massachusetts Department of Elementary and Secondary Education, the parties have agreed to implement a new procedure used for the evaluation of teachers at Frontier Regional High School. This agreed upon evaluation tool is marked as Attachment E to this contract.

B.        1.        Individual   teachers   will   have   the   right   at   any   time   during  the   working   day  to review the contents of their personnel  file. A teacher will be entitled to have a representative accompany him/her during such review. Such review will be conducted in the presence of a member of the school administration.

2.                   No material derogatory to a teacher's conduct, service, character, or personality will be placed in his/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/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 within thirty (30) calendar days of receipt.

C.        Any signed written complaint regarding a teacher made by any parent, student, or other person will be promptly called to the attention of the Principal, who will inform the teacher as to the complaint, the source and nature of the complaint and the disposition of the complaint. However, frivolous complaints or anonymous complaints that are not corroborated or verified by administration will be disregarded.

D.        The Association recognizes the authority and responsibility of the Principal for disciplining or reprimanding a teacher for delinquency of professional performance. If any formal action is to be taken against the teacher, he/she will be entitled at his/her option to have a representative present from those representatives reasonably available. All participants at disciplinary meetings are entitled to be treated with professionalism.

E.          Pursuant to Chapter 71, Section 42, a Principal may dismiss or demote any teacher or other person assigned full-time to the school, subject to the review and approval of the Superintendent; and subject to the provisions of this section, the Superintendent may dismiss any employee of the school district. In the case of an employee whose duties require him to be assigned to more than one school, and in the case of teachers who teach in more than one school, those persons shall be considered to be under the supervision of the Superintendent for all decisions relating to dismissal or demotion for cause.

A teacher who has been teaching in the district for at least ninety calendar days shall not be dismissed unless he has been furnished with written notice of intent to dismiss and with an explanation of the grounds for the dismissal in sufficient detail to permit the teacher to respond with documents relating to the grounds for dismissal, and, if he so requests, has been given a reasonable opportunity within ten school days after receiving such written notice to review the decision with the Principal or Superintendent, as the case may be, and to present information pertaining to the basis for the decision and to the teacher's status. The teacher receiving such notice may be represented by an attorney or other representative at such a meeting with the Principal or Superintendent. Teachers without professional teacher status shall otherwise be deemed employees at will. A teacher with professional teacher status, pursuant to section forty-one, shall not be dismissed   except   for   inefficiency,   incompetency,   incapacity,   conduct   unbecoming   a teacher, insubordination, or failure on the part of the teacher to satisfy teacher performance standards developed pursuant to section thirty-eight of this Chapter 71, or other just cause.

ARTICLE VII

TEACHING HOURS AND TEACHING LOAD

A.        1.        Starting   and   dismissal   times   for   students   will   be   established   by   the   School Committee after taking into careful consideration State regulations as prescribed by the State Board of Education. However, the previous sentence does not affect the current teacher day, including time before and after instruction begins.

2.        The workday of personnel covered by this Agreement shall begin at 7:45 a.m. and end at 2:15 p.m.

3.        High School teachers shall be required to spend a total of not less than one and one-half (11/2) hours each week before opening or after closing of school for parent-teacher conferences, student make-up sessions or tutorial assistance. Parents, students and Administration will be kept informed of times that High School teachers will be available before opening or after closing of school. Faculty meetings may be called monthly by the Principal or the Superintendent. Teachers shall be required to attend no more than ten (10) after school faculty meetings. These meetings can last up to one (1) hour and thirty (30) minutes. They shall be scheduled on a rotating basis of joint school and separate school staff meetings. Department Heads will schedule departmental meetings as often as is necessary to meet departmental goals and will make every attempt to schedule these meetings so as not to interfere with classes. The Principal or Superintendent may direct departmental meetings to be held when the educational need requires, and for special or unusual projects. Such meetings as may be directed by the Principal or Superintendent will not, under normal circumstances, be called more than once monthly.

B.                     The work year of teachers shall be in accordance with General Laws, Chapter 71, Section 1, as amended, and in accordance with requirements of the Board of Education of the Commonwealth of Massachusetts as set forth in the aforesaid Law. In addition thereto, up to two (2) additional days may be scheduled by the administration without additional compensation therefore, one (1) such day for teacher orientation prior to school opening, and one (1) day for administrative purposes as determined by the committee or Superintendent. The work year of teachers shall begin no earlier than the last Wednesday in August, and it shall end no later than June 30 unless mutually agreed upon or if a change is mandated by law or Department of Education regulations.

C.                     All subject areas, including World Languages, English, Mathematics, Science, Social  Studies,   Physical   Education,   Business,   Art,   and  Music   shall   not  exceed thirty (30) pupils per classroom. In the subject areas of Technology Education, Family and Consumer Science, and Lab Sciences, class size shall be limited for safety considerations. Commencing August 31, 2005, teachers may be assigned to student advisory period during the work day.

D.       1.       Preparation Period - Each teacher shall have a duty free preparation period each day except where unusual and temporary situations involving a staff shortage require a teacher to fill a temporary assignment on that day. Under such circumstances, compensation will be $45.00 for each period covered. Such compensation shall be paid annually.

1.         Emergency Duty Coverage - The School Committee or its designee shall make every effort to find non-teachers to handle duties. However, in emergency situations, teachers may be required to perform duties not to exceed one hundred eighty (180) minutes a year.

Each teacher shall determine whether the one hundred eighty (180) minutes will be either four (4) forty-five (45) or two (2) ninety (90) minute periods of time. Emergency assignments shall be rotated among all Frontier teachers based on a schedule prepared by lottery within thirty (30) days of the execution of this contract.

2.         Side Letter-Block Schedule

a)         A high school teacher will be scheduled for no more than three (3) block teaching assignments and a block preparation period per day. Additionally, a high school teacher will not be assigned a non-teaching duty.

b)         The contract parties agree to review the block schedule format at least on a yearly basis of the contract. Meetings called pursuant to this contract section shall be with the Superintendent and the Building Principal in attendance. The Superintendent is not required to attend this meeting unless the Association so requests, in writing. Other meetings related to block scheduling issues shall be with the Principal in attendance.

c)         If the block schedule format, as agreed upon by the parties, cannot be implemented for any reason, then high school teachers will be assigned classes and duties pursuant to the 1993-1996 Frontier Contract's Articles VII and VIII.

d)         The parties agree that 7th and 8th grade teachers shall not be required to spend one and one-half hours each week before and after closing of school for parent teacher conferences, student make-up sessions or tutorial assistance. However, 7th and 8th grade teachers shall be required to spend one and one-half hours each week (in the form of two 45 minute blocks) during   their    prep   time    for   the    purpose    of    meeting   with    same   grade teachers, attending IEP meetings, parent conferences, etc.

e)        The       following       chart       describes       preparation       time       for       part-time teachers in a block schedule.

Teaching        Prep Time

1 Block          1/3 Block

2 Blocks         2/3 Block

The   Superintendent   is   not   required   to   attend   this   meeting   unless   the Association so requests, in writing.

4.        Teachers    may    volunteer    to    tutor    students    during    their    preparation    periods. However, teachers may volunteer for only two (2) non-consecutive quarters per year. Posting requirements in Appendix C will be followed.

E.        The parties will review the District technology policies and make recommendations to the School Committee.

ARTICLE VIII

TEACHER ASSIGNMENT

A.        Teachers will be notified in writing of their program for the coming year, including grades, subjects, and division levels that they will teach and any special or unusual classes that they will have as soon as practicable, and under normal circumstances, not later than August 1.

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

C.        All employees covered by this contract who are called to work beyond the regularly defined school year shall be compensated at their per diem rate.

D.        The School Committee may increase the teachers' work year up to three (3) days and will compensate them at their per diem rates consistent with Section C of this Article.

ARTICLE IX

VACANCIES & PROMOTIONS

A.        Whenever a vacancy in a professional position occurs during the school year (September to June), it will be adequately publicized by the Superintendent by means of a notice placed on the Association bulletin board in this school as far in advance of the appointment as possible. Between close of one school year and start of next school year, written notices of any such vacancy will be given to each member of the Association who files a mailing or forwarding address with the office before leaving school. In both situations, the qualifications for the position, its duties, and rate of compensation will be clearly set forth. The qualifications set forth for a particular position will not be changed when such future vacancies occur unless the Association has been notified in advance of such changes and the reasons therefore. No vacancy will be filled, except on a temporary basis, within ten (10) days from the date the notice is posted in the schools and the giving of notification to the Association membership.

B.        All qualified teachers will be given adequate opportunity to make application for such positions, and the Committee agrees that the administration will give due weight to the professional background and attainments of all applicants, the length of time each has been in the school system and other relevant factors.

In filling such vacancies, first consideration will be given to qualified teachers already employed by the Committee, and each teacher applicant not selected will, upon request, receive from the Superintendent or his/her designees a written explanation of why the successful applicant was selected.

Where a vacancy is to be filled, appointments will be made wherever possible not later than sixty (60) days after the notice is posted in the schools or the giving of notification to the Association.

C.        Appointments will be made without regard to race, creed, color, religion, nationality, sex, age or marital status.

D.        The parties hereto recognize the desirability of improved curricula. They also recognize that continuous attention to such matters, coupled with occasional periods of concentrated effort are of value in updating and revising curricula. Teachers will be required to apply continuous effort to such matters which are part of the teachers' normal professional obligation. The Committee, however, recognizes that occasional special projects may be required. On such occasions, the Committee will employ those teachers willing to assist in such work on an agreed basis to serve for added compensation. By way of example and not of limitation, such special work may be undertaken on weekdays after school hours, or on Saturdays or during school vacation periods. Any summertime work on such projects, if scheduled by the Committee, will be subject to the rate of pay agreed upon.

ARTICLE X

LEAVES OF ABSENCE

A.       Sick Leave

1.        All employees covered by this Contract are allotted fifteen (15) days of sick leave with pay each year.

2.        In the event that an employee is absent due to illness for less than fifteen (15) days in any one school year, the days not used shall be accumulated for use in subsequent years to a maximum accumulation of one hundred twenty-five (125) days without loss of previous accumulation. Teachers who have completed fifteen (15) years of service to the Frontier District (including time spent in schools which were supplanted by this District) shall be entitled to accumulate a maximum of one hundred sixty (160) days of unused sick leave. If the administration feels that a pattern of abuse of sick leave exists, the subject teacher will be so notified in writing with a copy of such letter to the Association. The continuation of said pattern may result in the requirement of a doctor's certificate or refusal to pay sick leave for all future absences where such a certificate is not supplied. In the event that the Superintendent questions the medical capacity of a teacher to perform satisfactorily, the Committee reserves the right to require a medical examination; such examination to be made in the presence of the teacher's physician, if the teacher so desires. The Committee reserves the right to take action consistent with the examining physician's findings and advice.

3.         In any one school year five (5) of the fifteen (15) days intended for sick leave may be used at the option of the employee concerned for the following personal reasons:

(a)        Specific religious holidays;

(b)        Serious illness in the immediate family;

(c)        Court cases;

(d)        Other personal or business reasons at the discretion of the Principal.

4.         Five (5) days shall be given to a regular full-time teacher for death in the immediate family. The term "immediate family" shall be considered to include mother, father, sister, brother, husband, wife, son and daughter, comparable "step" relatives or a permanent resident living in the employee’s household. Five (5) days at the discretion of the Principal may be given to a regular full-time teacher for the death of others outside the immediate family.

5.         Up to three (3) days shall be given to regular full-time teacher to attend the funeral of an in-law, grandparent, grandchild, and comparable "step" relatives, or others at the discretion of the Principal.

6.         After the expiration of sick leave, or used up available days in the Sick Leave Bank, in prolonged illness, full salary minus the salary of the substitute teacher will be paid to the regular full-time teacher throughout the end of the school year. A doctor's certificate verifying the confining illness of such a person shall be required except as provided by state law. Authorization is to be secured by the Superintendent of Schools from the School Committee.

7.         In exceptional cases, other days of leave may be granted at the discretion of the School Committee.

8.         In computing the amount to be deducted for a day of unexcused absence, the year shall be held to consist of one hundred eighty-two (182) days.

9.         The Committee agrees to comply with all of the provisions of General Laws, Chapter 71, Section 55B, relative to tuberculosis control.

B.        Sick Leave Bank

The Frontier Teachers Association and the Frontier Regional School Committee agree jointly to create and operate a Sick Leave Bank for all members of the Frontier Regional School Unit A bargaining unit. If a member of the Sick Leave Bank (hereinafter S.L.B.) for just causes uses all of his/her accumulated personal sick days, he or she may apply to the Sick Leave Bank Committee for more days until such time as he/she accumulates more sick days of his/her own or exceeds the limits set forth in the contract below or in the by-laws of the Sick Leave Bank Committee.

1.        A Sick Leave Bank Committee shall be created consisting of two {2) teachers and two (2) members of the School Committee or designees thereof. This Committee may fix any by-laws that are appropriate and within the scope of its authority as granted by this Contract.

2.        In order for a teacher to receive sick days from the S.L.B., he/she must have already exhausted his/her accumulated sick leave. The S.L.B.C. shall assess the need of each applicant to the Bank and may grant sick leave to those persons suffering from prolonged or recurrent illness.

3.        Leave shall be granted only upon a majority vote of the S.L.B. Committee provided the leave does not exceed ninety (90) days in the aggregate during any given school year.

C.        Miscellaneous

1.       Visiting Day

(a)       Full-time teachers may be allowed to spend one (1) day per school year in observing another school system provided that the following conditions are fulfilled:

i.        adequate substitute replacement can be obtained.

ii.       the visiting day has been approved in advance by the Superintendent of Schools and the Principal.

(b)       Said visiting day shall not be deducted from paid sick leave.

2.       Conference Day

(a)       All days spent at conference approved by the administration shall not be deducted from paid sick leave.

D.        Maternity/Family Leave

Leaves under the provision of this Agreement which are also eligible under the Family and Medical Leave Act (FMLA) shall run concurrently as both FMLA and contractual leave, and the more liberal of the provisions shall apply.

E.         Sabbatical Leave

The School Committee may grant sabbatical leave to any teacher recommended by the Superintendent. Teachers eligible for such sabbatical will be only those who propose to the Committee a program of study and/or travel involving enrollment in an accredited college or university, whether such course of study takes place in the United States or abroad.

Sabbatical will be granted only to those teachers whose programs of study will, in the judgment of the Committee, benefit the program of the Frontier Regional School and may be granted under the following conditions and requirements:

1.         Eligibility for sabbatical  leave will be limited to teachers who have completed five (5) years of service at Frontier prior to applying for such leave.

2.         Application must be made to the Committee not later than January 15 of the school year prior to the school year in which the sabbatical leave is planned.

3.         Successful applicants will be paid at a rate of two-thirds of the salary payable to them for the duration of the leave based on a school year of 181 days.

4.         The applicant’s final decision to take a sabbatical leave may be delayed until the awarding of fellowships, grants, or scholarships which may be involved.

5.         Not more than two teachers will be granted sabbatical leaves for any school year and the two teachers granted sabbaticals will be selected from separate academic departments.

6.         The teachers granted sabbatical leaves shall execute an agreement to return to the Frontier Regional School System for not less than two (2) years of service. Failure to return as agreed will render the teacher legally liable to make restitution to the District of all salaries paid to him/her while on sabbatical leave except in the case of the teacher's death or permanent disability.

7.         The teacher returning from sabbatical shall be placed on the appropriate step on the salary schedule as though he/she had been in active service in the system for the period of the sabbatical leave. The sabbatical leave shall not affect continuity of service.

8.         Insurance coverage and all payroll deductions shall continue as though the teacher were in active service.

9.         Teachers shall be required to supply the Committee with such reports or certificates of attendance as it may reasonably request, relative to the teacher's itinerary and activities while on sabbatical leave.

F         Unpaid Long Term Leave of Absence

Upon written request, the School Committee may grant an unpaid leave of absence for a period of up to one (1) year. Said leave may be extended, upon written request, for a period of one (I) additional year. During such leave, an employee will not continue to accrue any additional salary, seniority, or leave benefits but, upon return, all such previously accrued salary, seniority, or leave benefits shall be restored. The returning employee shall be placed in the position most nearly equivalent to that held before going to leave. An employee may continue to participate in the premium costs during this leave of absence.

ARTICLE XI

TEACHER FACILITIES

A.       The Committee and Association agree that the following facilities are desirable, and the Committee   agrees   to   provide   such   facilities,   subject   to   physical   plant   and   budgetary restrictions:

1.         Space in each classroom in which teachers may safely store instructional materials and supplies, such as desks which may be locked, locked file cabinets, or the like.

2.         A teacher work area containing adequate equipment and supplies to aid in the preparation of instructional materials.

3.         An appropriately furnished room which may include a pay telephone, to be reserved for the exclusive use of teachers as a faculty lounge. Said room to be in addition to that noted in (2)) above.

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

5.         A communications system so that the teachers may communicate with the main office from the classroom.

6.         Well-lighted and clean rest rooms for male and female teachers, equipped with a power exhaust fan for each facility.

7.         A separate, private dining area reserved for exclusive use of school employee.

8.         Adequate parking space will be reserved in the school parking lot for use of teacher parking.

ARTICLE XII

PAYCHECK DEDUCTIONS

A.        The Committee agrees to deduct monies from the salaries of teachers for the following purposes:

1.         Dues to the Frontier Teachers Association, National Education Association, and Massachusetts Teachers Association.

2.         Appropriate premium deductions for medical and health insurance, Unum Provident Disability Insurance, etc., when so authorized.

3.         Amounts authorized by a teacher who is participating in a tax sheltered annuity plan authorized by Federal Law.

4.         Deductions in amounts authorized by the teacher to the Franklin First Federal Credit Union or Trustmark within five (5) business days of each payroll check.

B.        Such   deductions,   upon   individual   authorization,   will   be   paid   directly   to   the   directed account by the Treasurer of the School District.

C.        Dues deduction authorization forms and other appropriate forms will be designated and submitted by the Association to the Committee for approval.

ARTICLE XIII

INSURANCE PLAN

A.       The  District  will   pay  70%  of  the   premium  for  the   Blue  Cross/Blue   Shield   PPO  Plan through Hampshire County Group Insurance Trust and 80% of the premium for a Blue Cross/Blue Shield HMO Plan through Hampshire County Group Insurance Trust for the eligible employees covered by the Agreement, and the employees will pay, through payroll deduction, the remaining premium costs.

1.         Individual or family coverage, (includes same sex marriage partners) whichever applies in the particular case, for Health Insurance currently available or a mutually agreeable alternative plan which may become available during the duration of this agreement. Current plans available to teachers include a Blue Cross/Blue Shield PPO Plan and a Blue Cross/Blue Shield HMO Plan through Hampshire County Group Insurance Trust.

2.         $5,000 term life insurance plan of the type presently available or its equivalent to teachers.

B.       The Committee will provide a Long-Term Disability Insurance Plan, which provides monthly benefits for eligible employees after a waiting period of no more than ninety (90) days. The plan will pay up to sixty percent (60%) of the employee's salary, up to a maximum of monthly benefit of five thousand dollars ($5,000.00). The Committee's contribution will be forty percent (40%) of the individual's premium. A Short-Term Disability Insurance Plan is available at total cost to the employee.

C.       The Committee shall continue to maintain a "Cafeteria Plan" (Internal Revenue Tax Code, Section 125) whereby teachers may elect to pay their share of health insurance benefits by means of "salary reduction" (pre-tax dollars).

D.        As a separate stipend, subject to required deductions, the District shall provide a $1000 payment for each full health insurance contract year during which the employee (or both employees in the case of two spouses who are both employees of the District) is not on the District's health plan, but does provide clear evidence that the employee(s) is covered by adequate health insurance for themselves and their minor dependents, if any. Payments will be made after the insurance contract year and will be pro-rated to reflect periods of non-employment and/or periods of coverage under the District's health plan. For the purposes of this provision, the "District's health plan" shall include the health plans available under the four towns that make up the District.

E.         The District shall provide, as part of its health plan, the Guardian "Value PPO" Dental Plan offered through the Hampshire County Trust, to all eligible employees whether or not they are participants in the District's health plan. Premium costs will be split fifty/fifty and the employee will authorize appropriate payroll deductions. An employee who participates in this Dental Plan shall not lose eligibility for the $500 payment set forth above, if he/she otherwise qualifies for it.

ARTICLE XIV

LONGEVITY PAYMENT OPTIONS AND RETIREMENT SEVERANCE

A.      Definitions:

STANDARD SERVICE RETIREMENT: Termination of employment by a teacher at Frontier Regional School District for purposes of retirement under Chapter 32, Section 5 of Massachusetts General Laws.

VOLUNTARY RESIGNATION: Any termination of employment at Frontier Regional School District by a teacher other than for the purpose of retirement.

B.        Unused Sick Leave:

Upon retirement, a teacher will be paid in a lump sum an amount of money based upon payment for two (2) days of unused sick leave for each year of service to the Frontier Regional School District. Such pay will be based upon the teacher’s regular salary, exclusive of any extra stipends for coaching, clubs, etc. With the exceptions noted in subsections C and D below, this benefit will apply only to standard service retirements.

Standard service retirements are subject to the following notice requirements. In order for a teacher to receive this benefit in the fiscal year of his/her retirement the administration must receive written notice of intent to retire by January 15, of the school year prior to his/her last employment year. In the event that said written notice is not timely received, said benefit shall be paid on or before July 15, in the calendar year immediately subsequent to the calendar year of retirement.

C.        Early Retirement Incentive Plan (ERI – Option A)

An employee who retires between the ages of 52-60 inclusive after completing a minimum of fifteen (15) consecutive years with Frontier Regional School may receive a one-time ERI (Early Retirement Incentive) payment, on or before September 1, in the calendar year immediately subsequent to the calendar year of retirement.

This Option is subject to the following conditions:

(a)  This plan is not offered to employees hired after July 1, 2007.

(b) No more than four (4) teachers or the equivalent therein will be eligible for this benefit in one fiscal year. Eligibility will be determined by receipt of written notification in the Office of the Superintendent of Schools.

(c)  The ERI payment will be $17,000.

D.       Longevity Plan Options

Written   notification   of   Option   chosen   must   be   received   by   Superintendent   prior   to September 30th of the year preceding the expected benefit.

1.        Longevity Benefit Plan Option A

(a)        Applicable to employees with fifteen (15) completed years of service in the District. This Option is a longevity payment of $3,000 per year for three (3) consecutive years. The benefit payments are paid as part of regular pay, not as a separate stipend. Payments do not continue through a period of unpaid leave but will be restored upon return to active employment. Payments shall not continue upon a teacher’s separation from employment unless such separation is due to a reduction in force, or unless the selection process prevents the teacher from remaining in the benefits plan for the full three (3) years.

(b)       Immediate placement is not ensured, since the District retains the right to set budget limits. However, the District will not set budget limits that are generally viewed as unreasonably restrictive. Employees electing but not immediately placed under the provisions of Paragraph (1) above will be carried forward to the next school year and placed at the top of the list.

(c)        In the event that an abnormally high number of employees elect this option in a specific year, the following sequence of events will take place:

(1)       A request will go to all employees who have elected this option seeking employees willing to delay the start of this option to the next school year. Employees will have five (5) school days to respond to this request.

(2)       If a budgetary problem still exists after voluntary delays are sought, employees electing this option will start in order of seniority, with the most senior being placed first and the remainder starting in the next school year.

(3)       No employee will be denied immediate placement on the longevity schedule   specified   in   this   Article   for   any   reason   other   than   as specified in this Paragraph (C).

2.         Longevity Benefit Plan Option B

Applicable to employees with fifteen (15) completed years of service in the District. This Option is a longevity payment of $4,000 per year for three (3) consecutive years. The benefit payments are not paid as part of regular pay, but rather as a separate stipend. The current longevity salary steps (20L or 25L) are also paid with this option.

3.         Longevity Benefit Plan Option C

Employees with fourteen (14) years of completed service to Frontier Regional School District may choose yearly longevity payments in accordance with the schedule below. The current longevity salary steps (20L or 25L) will not be paid with this option.

The yearly payments are as follows:

15 – 19 years             $500

20 – 24 years             $1,000

25 – 29 years             $2,000

30+ years                  $3,000

E.         Teachers who give, during the school year, a minimum of thirty (30) days notice of their intent to terminate their employment through retirement shall be:

1.         Paid all sums of money due them for earned unpaid salary no more than thirty (30) days from date of termination, and;

2.         Eligible for this Article’s retirement benefit subject to the provisions of M.G.L. Ch. 32, Sec. 5 and subject to the notice requirements set forth in subsections B and C of this Article.

Failure of a teacher to give a minimum of thirty (30) days’ notice of his/her intent to terminate employment shall result in the forfeiture of all benefits other than salary due.

F.         Teachers with at least ten (10) years of service in the Frontier Regional School District who are required to retire solely based on their or their spouse’s illness or disability shall be entitled to this Article’s retirement benefit and shall not be subject to the notice requirements of Section B above, however shall remain subject to notice requirements of Section C. Said teachers shall receive all salary and benefits owed within thirty (30) days of their retirement.

ARTICLE XV

PERSONAL INJURY BENEFITS

A.        Whenever a teacher is absent from school as a result of personal injury caused by an accident or assault occurring in the course of his/her employment, he/she will be paid his/her full salary (less the amount of any workmen's compensation award made for temporary disability due to said injury) for the period of such absence. The difference in pay between the workmen's compensation award and full pay will be charged off to the teacher's annual or accumulated sick leave.

B.         Teachers will be reimbursed for:

Any clothing (exempting hosiery) damaged in an assault or accident occurring in the course and scope of his/her employment, except where the teacher's clothing is damaged due to his/her failure to wear appropriate protective clothing when usually expected. Example: Acid burns in the laboratory where rubber apron is not worn.

ARTICLE XVI

REDUCTION IN FORCE

It is agreed among the parties that should an employee be reduced in time under this agreement that the employee shall receive proportionate salary and benefits as his/her service bears to full time service. However, a person reduced to part time shall receive full seniority for such reduced service.

A.        The parties agree to be governed by the Laws of Massachusetts relating to Professional Teacher Status and Teacher Certification. The parties agree that the Laws of this Commonwealth shall take precedence over this clause. The School Committee, by this clause, intends to surrender no more of its discretion than is necessary to effectuate the specific language that is set forth below. If any part of this clause is found to be in conflict with a decision of the Courts or statutes of this Commonwealth, then the parties further agree such parts shall be null and void and the rest of this clause shall continue in force.

B.        Whenever a situation  arises  in which  the School Administration determines  that it  no longer requires the services of a teacher on a full or part-time basis, the Administration will take the following criteria into account in deciding teachers with the same length of service to lay off:

1.         Teaching ability as evidenced by written evaluations, observations, and other measures relating to teacher ability;

2.         Certifications in other areas or specialization in teaching or in other areas of the Frontier Regional School Program which make it desirable to retain a teacher;

3.         If the above factors are equal, then a teacher with the longest continuous service in the Frontier Regional School District shall be retained. Time on approved leave or sick time shall count toward length of service for seniority purposes.

C.        Should a reduction be necessary, the School Committee will notify all teachers as soon as possible after identifying the subject, grade, or specialization in which the reduction is to take place. A teacher who is threatened with reduction should supply the Superintendent of Schools with all teaching certifications they have in areas outside that in which they have been teaching should a teacher have a certificate or be certifiable before the start of the next school year. Such teacher with a certificate outside the area in which they teach will be offered positions which are vacant or available if they have or can get by the beginning of the next school year certification for the vacant position. No teacher with professional teacher status shall be laid off pursuant to a reduction in force or reorganization if there is a teacher without such status for whose position the covered employee is currently certified. No teacher with such status shall be displaced by a more senior teacher with such status unless the more senior teacher is currently qualified pursuant to M.G.L. Chapter 71, Section 38G for the junior teacher's position.

D.          Nothing in this Agreement shall bar the Association from mailing to teachers who have been "laid-off' under this section notices of vacancies that occur within the unit.

E.          Recall: Employees on professional teacher status who are separated under this clause of the contract (that is, the separation is due to decrease in enrollment, economic cause, or reorganization rather than conduct unbecoming a teacher, or other disciplinary cause), shall be entitled to recall rights for one year from the effective date of termination. Recall shall mean that if a vacancy occurs during the period of recall for which that employee on recall is qualified and certified, they shall first be offered the position and shall be appointed, if they accept.

Employees on recall shall be responsible for providing an update of their addresses to the Office of the Superintendent. Notice of vacancy shall be sent by one registered letter to the last address provided and failure to respond to such notice within fifteen (15) days shall forfeit recall rights. Employees on recall shall notify the Superintendent of any new certifications they obtain during such recall. Employees on recall may maintain their membership in the group health insurance plan provided they pay the total costs of such plan. An employee who declines recall without justification shall be considered terminated  without  further  recall  rights  or  benefits.     An  employee  who  refuses  recall with justification shall move down one place on the recall list. All rights and benefits that an employee was entitled to when laid off shall be restored, in full, upon recall.

ARTICLE XVII

GENERAL PROVISIONS

A.        The Committee reserves the right to establish the school year calendar. However, the Superintendent or his/her designee will discuss the calendar with the Association president prior to the calendar being officially adopted by the Committee.

Every effort will be made to accommodate reasonable suggestions regarding the calendar.

B.         Consistent with provisions herein relative to Class Size or Work Load, the Principal shall make every effort to equalize class sizes, taking into consideration the type of classes involved, available physical plant, and other matters appropriate to sound educational practice.

C.         Teachers will be entitled to full rights of citizenship, and no religious or political activities of any teacher or the lack thereof will be grounds for any discipline or discrimination with respect to the professional employment of such teacher; provided, however, that said activity does not interfere with the performance of his assigned teaching duties and does not violate any State or Federal Law.

D.        The Committee will, upon request, provide the Association with any documents which will assist the Association to develop intelligent and constructive programs on behalf of teachers and their students. Such material will also be provided, along with any other requested, which will enable the Association to process grievances under this Agreement; provided, however, that any confidential material may not be requested hereunder, and further, that if any duplicating or reproduction costs are involved, the Association will pay or reimburse the Committee for such costs.

E.         A copy of the agenda for School Committee meetings will be placed in the school mailbox of the Association President when it has been made up. In addition, similar treatment will be given for a copy of the minutes of official Committee meetings as provided under General Laws, Chapter 39, Section 23A. Copies of the finalized budget will be furnished to the Association President.

F.         Should any provision of this Agreement, or the application of this Agreement to any member of the professional staff or Committee covered hereunder be found to be contrary   to   Law,   such   provisions   or   application   shall   have   effect   only   to   the   extent permitted by Law, or as provided for hereunder (see, for example, arbitration provisions), but all other provisions or applications of this Agreement shall continue in full force and effect. The effect of any legislative action or judicial determination by the Supreme Judicial Court of this Commonwealth modifying, limiting or eliminating any of the provisions of General Laws, Chapter 149, Section 178, shall be deemed to be effective as to this Agreement as soon as is required by Law.

G.       The   Committee   and   Association   recognize   that   abuses   of   sick   leave   or   other   leaves, chronic tardiness, or absence, willful deficiencies in professional performances, or other violations of discipline by a teacher reflect adversely upon the teaching profession and create undesirable conditions in the schools. The Association will use its best efforts to correct breaches of professional behavior by any teacher and the Committee agrees that teachers are responsible professional persons and are to be treated accordingly. Utmost respect for the positions and duties and responsibilities of the parties to this Agreement shall be the guidelines for all conduct and dialogue between the parties in order to achieve the common goal of advancing the educational system for its ultimate beneficiaries, the students in attendance at our schools.

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

I.         Teachers   will   normally   not   be   required   to   drive   students   to   activities   away  from   the school building. The parties recognize that on occasion it may be necessary to transport a sick child, special class students, small student groups (such as debating team, cheerleaders, and the like) or similarly situated cases. On such occasions, and on other trips approved by the Administration, teachers will be paid at the IRS mileage rate per mile actually driven, and arrangements will be made to provide appropriate insurance coverage to teachers involved in this duty. This annual rate will be adjusted as per the allowable approved IRS rate for each subsequent year, said IRS rate being the one in effect on July 1 of each contract year.

J.         The Association will have a formal part in  the orientation of new teachers, by way of extending a welcome and discussing matters relevant to membership.

K.        The Committee agrees to provide the Association with names and addresses of new staff members.

L.        The Association shall appoint a faculty member as an advisor for each new staff member to assist such persons in becoming familiar with the School System. Nothing herein shall conflict with any similar plan or program instituted by the Committee.

M.       Teachers   shall   have   the   right   to   teach   their   classes   and   make   professional   decisions within the defined goals of the educational program. In the exercise of these rights, teachers will at all times observe appropriate levels of conduct, having in mind such things as the maturity level of students in their classes, general good taste in the use of language, and the general requirement that classroom discussion is intended to be focused upon the subject matter being taught.

N.        Teachers   desiring   to   leave   the   school   grounds   will   contact   the   Principal   or   his/her designee and sign out before leaving. In unusual circumstances, the Principal may require personnel to remain on school property.

O.        The    Committee    and    Association    agree    that    any    recommendations    of    the    Frontier Regional School Council as represented in the School Improvement Plan that impact upon the terms and conditions set forth in this contract are subject to impact bargaining.

P.        Stipend for the Lead mentor shall be $1,000, and those for mentors are $500 with $250 for each additional mentee.

Q.       The parties recognize that a productive environment for learning begins with the students present and ready at the beginning of each class. Whenever critical class preparation does not preclude the practice, teachers agree the expectation is to be present in the hallways for the purpose of greeting students and monitoring student behavior during the change of classes and before school.

ARTICLE XVIII

FAIR SHARE/AGENCY FEE

All members of the bargaining unit who are not members of the Association shall be required to pay an annual Agency Fee, pursuant to Massachusetts General Laws, Chapter 150E, Section 12. The Association recognizes the sole and exclusive remedy for non-payment of the fee shall be for the Association to proceed to court for collection of the fee from a non-paying employee member of the unit. The School Committee is not, and should not be responsible for the implementation, collection, or enforcement of the Agency Fee, except that it will supply any required documentation to establish that a person is a member of the bargaining unit subject to the fee.

The Association agrees that it will indemnify and hold the School Committee harmless for any action taken against any employee as a result of this agency service fee agreement, including but not limited to, any legal expenses incurred.

In the event of conscientious or other objection to payment of the Agency Fee, a member of the bargaining unit may pay the amount of the fee to a scholarship fund set up by the Association for graduates from Frontier Regional School.

ARTICLE XIX

DURATION

This Agreement will become effective July 1, 2013 will continue in full force and effect until June 30, 2016 except that the parties agree that on or before November 1, 2015 they will begin negotiations in an effort to reach an agreement on a contract effective July 1, 2016, and said contract shall remain in full force and effect until a successor agreement is reached. If agreement is not reached on said issues, either party may invoke such impasse resolving procedures as may be unilateral requested, or seek resolution by such means as may be jointly requested, as now or may be hereafter authorized by law.

WITNESS  WHEREOF,  the  parties  hereto,  acting  through  duly authorized  agents  or representatives,   have   hereunto   set   their   respective   hands   and   seals   this   ______ day   of   June 2013.

FRONTIER REGIONAL DISTRICT SCHOOL COMMITTEE

BY:  _________________________________________________

         Cyndie Ouimette, Chairperson

FRONTIER REGIONAL TEACHERS ASSOCIATION

BY:  _________________________________________________

         Stephanie Recore, President

APPENDIX A

Frontier Regional Teachers Association

Salary Schedule 2013-2014

Step

Bachelors

Masters

M-30

CAGS/Doc

0

39,081

40,963

43,271

45,435

1

41,094

42,744

44,908

47,153

2

42,799

44,569

46,602

48,933

3

43,853

46,459

48,356

50,774

4

45,389

47,946

50,132

52,639

5

46,577

49,518

52,014

54,614

6

48,582

51,098

53,732

56,417

7

49,863

52,720

55,462

58,235

8

51,184

54,049

57,966

60,864

9

53,731

57,120

60,543

63,570

10

56,548

60,430

63,199

66,360

11

57,486

62,657

66,117

69,423

12

59,720

64,973

68,487

71,911

13

60,615

65,947

69,514

72,990

20L

61,115

66,447

70,014

73,490

25L

61,615

66,947

70,514

73,990

Frontier Regional Teachers Association

Salary Schedule 2014-2015

Step

Bachelors

Masters

M-30

CAGS/Doc

0

39,861

41,783

44,137

46,344

1

41,916

43,599

45,807

48,097

2

43,655

45,461

47,535

49,912

3

44,731

47,389

49,324

51,790

4

46,297

48,905

51,135

53,692

5

47,509

50,509

53,055

55,707

6

49,554

52,120

54,807

57,546

7

50,861

53,775

56,572

59,400

8

52,208

55,130

59,126

62,082

9

54,806

58,263

61,754

64,842

10

57,679

61,639

64,463

67,688

11

58,636

63,911

67,440

70,812

12

60,915

66,273

69,857

73,350

13

61,828

67,266

70,905

74,450

20L

62,328

67,766

71,405

74,950

25L

62,828

68,266

71,905

75,450

Frontier Regional Teachers Association

Salary Schedule 2015-2016

Step

Bachelors

Masters

M-30

CAGS/Doc

0

40,659

42,619

45,020

47,271

1

42,755

44,471

46,724

49,059

2

44,529

46,371

48,486

50,911

3

45,626

48,337

50,311

52,826

4

47,223

49,884

52,158

54,766

5

48,460

51,520

54,117

56,822

6

50,546

53,163

55,904

58,697

7

51,879

54,851

57,704

60,588

8

53,253

56,233

60,309

63,324

9

55,903

59,429

62,990

66,139

10

58,833

62,872

65,753

69,042

11

59,809

65,190

68,789

72,229

12

62,134

67,599

71,255

74,817

13

63,065

68,612

72,324

75,939

20L

63,565

69,112

72,824

76,439

25L

64,065

69,612

73,324

76,939

APPENDIX B

ADDITIONAL FOR DEPARTMENT HEADS AND TEAM LEADERS

1.          The department head and team leader shall be considered a teacher in determining the number of teachers in a department or team. The department head or team leader stipend shall be five percent (5%) of the salary provided for an employee hired at Step 1 of the Bachelor's column on the salary schedule. In addition the department head and team leader shall be paid one hundred dollars ($100.00) for each teacher in the respective department or team. Policies as to department heads and team leaders will include:

2.          Whenever possible, department heads and team leaders will be relieved of classroom instructional obligations and will not be assigned more than four classes or two blocks to engage in departmental work.

3.          Department head positions will be appointed annually, giving due weight to the recommendations of department members. A department head who has served in that position at Frontier Regional School for three consecutive years shall not be dismissed or demoted except for good cause.

4.          Whenever a vacancy occurs in a department head position, the Principal will make ever effort to select a replacement promptly.

5.          Job descriptions will be provided to every department head and team Leader.

APPENDIX B-2

NEASC STIPEND

The NEASC Chair(s) will receive an aggregate sum of one thousand dollars ($1,000.00) per year. The seven (7) NEASC Committee Chairs will receive two hundred and fifty dollars ($250.00) per year for a period not to exceed three (3) years, said period to occur coincidental with the accreditation review.

APPENDIX B-3

NATIONAL BOARD CERTIFICATION

There will be a two thousand five hundred dollars ($2,500) base increase for National Board Certification.

APPENDIX C

EXTRA-CURRICULAR ACTIVITIES

A.       It is agreed that extra-curricular activities are a significant part of the total educational program. They provide students with opportunities to develop, in some depth, existing talents and interests and to develop new ones. With this thought in mind, the Frontier Regional School Committee and the Frontier Regional Teachers Association will make every effort to provide leadership for all extra-curricular activities from the existing staff.

1.         If an extra-curricular position cannot be filled by the regular posting, the Principal will meet with the elected officers of the Frontier Regional Teachers Association and advise them that the vacancy cannot be filled through normal posting.

2.         The Principal will review the listing and interview and appoint said candidates subject to the approval of the Superintendent.

3.         All appointees will be compensated in accordance with the Frontier Regional School Teacher's Agreement.

4.         Appointees not completing a full term of appointment shall have the compensation pro-rated to reflect time actually served in the position.

5.         This provision is part of the contract and shall have duration the same as this agreement.

B.        The stipends of extra-curricular positions shall be determined with consideration to prior experience in the position in question or an equivalent position at the junior or senior high school level, or the junior college level.

Coaches' experience shall be determined as follows:

Each year of coaching in a given sport shall be credited in determining on which stipend step a coach will be placed. However, coaches who advance from the sub-varsity to the varsity level shall receive one (1) year of varsity level credit for each two (2) completed years of sub-varsity experience. A coach who moves from the varsity to the sub-varsity level shall receive one (1) year of credit for each completed year of varsity experience. The Principal, subject to the Superintendent's approval, may assign either sub-varsity or varsity equivalency to coaching experience attained outside of the junior or senior high school level, or the junior college or college level.

C.        After the coaches' level of experience has been established, athletic stipend steps shall be determined as follows:

1st to 5th year                      Step 1

6th to 10th year                    Step 2

11th to 15th year                  Step 3

16th to 20th year                  Step 4

21st year plus                      Step 5

Each and every year served by a teacher as a class advisor without regard to which grade, shall be counted in determining which step a teacher who is performing the duties of a class advisor is qualified for above.

D.        The position of Athletic Director/Faculty Manager will not be assigned more than two (2) long block classes per day to allow for adequate time to fulfill the responsibilities of the position as set forth in the job description.

E.         The Committee expressly reserves to itself the right to determine what, if any, extra­curricular positions will be filled and agrees that should they fill any position listed hereafter that the compensation therefore shall be as listed.

Extra-Curricular Activities/Athletic Pay Schedule

2013 – 2014             Step increases for those eligible for steps plus a 1.5% increase for those on Schedule E.

 2014 – 2015              Step increases for those eligible for steps plus  a 2% increase for those on Schedule E.

2015 – 2016              Step increases for those eligible for steps plus  a 2% increase for those on Schedule E.

Extra-Curricular Pay Salary Schedule 2013-2014

 

1

2

3

4

Band Director

3609

3970

4149

4333

Choral Director

2168

2382

2491

2598

Cabaret

1081

1192

1245

1301

Dramatics

2168

2382

2491

2598

Sentinel

1445

1590

1659

1735

Literary Magazine

903

994

1039

1081

Yearbook Advisor

2168

2382

2491

2598

As Schools Match Wits

1081

1192

1245

1301

National Honor Society

541

596

624

650

Debating Club

1081

1192

1245

1301

Model Congress

541

596

624

650

Student Advisory Council

675

740

775

810

Student Council, HS

1445

1590

1659

1735

Student Council, MS

724

793

830

867

Spirit Week Advisor

600

600

600

600

Community Service Club

724

793

830

867

Coffee House Advisor

1100

1100

1100

1100

French Club

724

793

830

867

Spanish Club

724

793

830

867

Latin Club

724

793

830

867

Business Club

1081

1192

1245

1301

Art Club

1081

1192

1245

1301

Science Club

1081

1192

1245

1301

Video Production Club

675

740

775

810

Ski Club

724

793

830

867

Weight Lifting Club

724

793

830

867

Diversity Club

724

793

830

867

Friends of Rachael

724

793

830

867

Gateways Advisor

1624

1787

1870

1949

Class Advisors:

 

 

 

 

Grade 12

1624

1787

1870

1949

Grade 11

1263

1391

1454

1517

Grade 10

903

994

1039

1081

Grade 9

903

994

1039

1081

Grade 8

361

398

416

432

Grade 7

361

398

416

432

Activities Bookkeeper

1445

1590

1659

1735

Biking Club

541

596

624

650

Frisbee Club

1081

1192

1245

1301

Math Modeling

1081

1192

1245

1301

Textiles Club

1081

1192

1245

1301

Photography

724

793

830

867

Robotics

1081

1192

1245

1301

Copier support

724

793

831

867

Extra-Curricular Pay Salary Schedule 2014-2015

 

1

2

3

4

Band Director

3682

4050

4232

4420

Choral Director

2212

2430

2541

2650

Dramatics

2212

2430

2541

2650

Sentinel

1474

1622

1693

1770

Visionary

922

1014

1060

1103

Yearbook Advisor

2212

2430

2541

2650

As Schools Match Wits

1103

1216

1270

1328

National Honor Society

552

608

637

663

Debating Club

1103

1216

1270

1328

Model Congress

552

608

637

663

Student Advisory Council

689

755

791

827

Spirit Week Advisor

600

600

600

600

Student Council, HS

1474

1622

1693

1770

Student Council, MS

739

809

847

885

Community Service Club

739

809

847

885

French Club

739

809

847

885

Spanish Club

739

809

847

884

Latin Club

739

809

847

885

Business Club

1103

1216

1270

1328

Art Club

1103

1216

1270

1328

Poetry Slam Club

739

809

847

885

Science Club

1103

1216

1270

1328

Video Production Club

689

755

791

827

Ski Club

739

809

847

885

Weight Lifting Club

739

809

847

885

Diversity Club

739

809

847

885

Gateways Advisor

1657

1823

1908

1988

Friends of Rachael

739

809

847

885

Class Advisors:

 

 

 

 

Grade 12

1657

1823

1908

1988

Grade 11

1289

1419

1484

1548

Grade 10

922

1014

1060

1103

Grade 9

922

1014

1060

1103

Grade 8

369

406

425

441

Grade 7

369

406

425

441

Activities Bookkeeper

1474

1622

1693

1770

Biking Club

552

608

637

663

Math Modeling

1103

1216

1270

1328

Textiles Club

1103

1216

1270

1328

Photography

552

608

637

663

Robotics

1103

1216

1270

1328

Copier support

739

809

848

885

Coffee House Advisor

1100

1100

1100

1100

Extra-Curricular Pay Salary Schedule 2015-2016

 

1

2

3

4

Band Director

3756

4131

4317

4509

Choral Director

2257

2479

2592

2703

Dramatics

2257

2479

2592

2703

Sentinel

1504

1655

1727

1806

Visionary

941

1035

1082

1126

Yearbook Advisor

2257

2479

2592

2703

As Schools Match Wits

1126

1241

1296

1355

National Honor Society

564

621

650

677

Debating Club

1126

1241

1296

1355

Model Congress

564

621

650

677

Student Advisory Council

703

771

807

844

Sprit Week Advisor

600

600

600

600

Student Council, HS

1504

1655

1727

1806

Student Council, MS

754

826

864

903

Community Service Club

754

826

864

903

French Club

754

826

864

903

Spanish Club

754

826

864

903

Latin Club

754

826

864

903

Business Club

1126

1241

1296

1355

Art Club

1126

1241

1296

1355

Poetry Slam Club

754

826

865

903

Science Club

1126

1241

1296

1355

Video Production Club

703

771

807

844

Ski Club

754

826

864

903

Weight Lifting Club

754

826

864

903

Diversity Club

754

826

864

903

Gateways Advisor

1691

1860

1947

2028

Friends of Rachael

754

826

864

903

Class Advisors:

 

 

 

 

Grade 12

1691

1860

1947

2028

Grade 11

1315

1448

1514

1579

Grade 10

941

1035

1082

1126

Grade 9

941

1035

1082

1126

Grade 8

377

415

434

450

Grade 7

377

415

434

450

Activities Bookkeeper

1504

1655

1727

1806

Biking Club

563

621

650

677

Math Modeling

1125

1241

1296

1355

Textiles Club

1126

1241

1296

1355

Photography

564

621

650

677

Robotics

1126

1241

1296

1355

Copier support

754

826

865

903

Coffee House Advisor

1100

1100

1100

1100

Athletics 2013-2014

 

1

2

3

4

5

Athletic Director

7656

8637

9683

10724

11703

Fall

 

 

 

 

 

Football Varsity

3609

4187

4800

5413

5991

Football, Junior Varsity [2]

2708

3141

3601

4059

4494

Football, MS [2]

1804

2093

2402

2708

2997

Field Hockey, Varsity

2888

3350

3839

4333

4792

Field Hockey, Junior Varsity

2169

2513

2881

3250

3596

Field Hockey, MS

1445

1674

1920

2168

2399

Soccer, Varsity [2]

2888

3350

3839

4333

4792

Soccer, Junior Varsity [2]

2168

2513

2881

3250

3596

Soccer, MS

1445

1674

1920

2168

2399

Cross Country

2169

2513

2881

3248

3596

Cross Country, Assistant

1080

1257

1442

1624

1798

Volleyball, Varsity

2888

3350

3839

4333

4792

Volleyball, Assistant

2169

2513

2881

3250

3596

Volleyball, MS

1445

1674

1920

2399

 

Winter

 

 

 

 

 

Basketball, Varsity [2]

3609

4187

4800

5413

5991

Basketball, Junior Varsity [2]

2708

3141

3601

4059

4494

Basketball, MS [2]

1803

2093

2402

2708

2997

Wrestling

3245

3768

4319

4870

5390

Wrestling, Assistant

2169

2513

2881

3248

3596

Skiing, Varsity

2169

2513

2881

3248

3596

Skiing, Assistant

1080

1257

1442

1624

1798

Spring

 

 

 

 

 

Baseball, Varsity

2888

3350

3839

4333

4792

Baseball, Junior Varsity

2169

2513

2881

3248

3596

Baseball, MS

1444

1674

1920

2168

2399

Softball, Varsity

2888

3350

3839

4333

4792

Softball, Assistant

2169

2513

2881

3248

3596

Softball, MS

1444

1674

1920

2168

2399

Track, Varsity [2]

2888

3350

3839

4333

4792

Track, Assistant [2]

1803

2093

2402

2708

2997

Tennis

2223

2513

2881

3248

3596

Golf

2223

2513

2881

3248

3596

Cheerleading

3245

3768

4319

4870

5390

Athletics 2014-2015

 

1

2

3

4

5

Athletic Director

7810

8810

9877

10939

11938

Fall

 

 

 

 

 

Football Varsity

3682

4271

4896

5522

6111

Football, Junior Varsity [2]

2763

3204

3674

4141

4584

Football, MS [2]

1841

2135

2451

2763

3057

Field Hockey, Varsity

2946

3417

3916

4420

4888

Field Hockey, Junior Varsity

2213

2564

2939

3315

3668

Field Hockey, MS

1474

1708

1959

2212

2447

Soccer, Varsity [2]

2946

3417

3916

4420

4888

Soccer, Junior Varsity [2]

2212

2564

2939

3315

3668

Soccer, MS

1474

1708

1959

2212

2447

Cross Country

2213

2564

2939

3313

3668

Cross Country, Assistant

1102

1283

1471

1657

1834

Volleyball, Varsity

2946

3417

3916

4420

4888

Volleyball, Assistant

2213

2564

2939

3315

3668

Volleyball, MS

1474

1708

1959

2212

2447

Winter

 

 

 

 

 

Basketball, Varsity [2]

3682

4271

4896

5522

6111

Basketball, Junior Varsity [2]

2763

3204

3674

4141

4584

Basketball, MS [2]

1840

2135

2451

2763

3057

Wrestling

3310

3844

4406

4968

5498

Wrestling, Assistant

2213

2564

2939

3313

3668

Skiing, Varsity

2213

2564

2939

3313

3668

Skiing, Assistant

1102

1283

1471

1657

1834

Spring

 

 

 

 

 

Baseball, Varsity

2946

3417

3916

4420

4888

Baseball, Junior Varsity

2213

2564

2939

3313

3668

Baseball, MS

1473

1708

1959

2212

2447

Softball, Varsity

2946

3417

3916

4420

4888

Softball, Junior Varsity

2213

2564

2939

3313

3668

Softball, MS

1473

1708

1959

2212

2447

Track, Varsity [2]

2946

3417

3916

4420

4888

Track, Assistant [2]

1840

2135

2451

2763

3057

Tennis

2268

2564

2939

3313

3668

Golf

2268

2564

2939

3313

3668

Cheerleading

3310

3844

4406

4968

5498

Athletics 2015-2016

 

1

2

3

4

5

Athletic Director

7967

8987

10075

11158

12177

Fall

 

 

 

 

 

Football Varsity

3756

4357

4994

5633

6234

Football, Junior Varsity [2]

2819

3269

3748

4224

4676

Football, MS [2]

1878

2178

2501

2819

3119

Field Hockey, Varsity

3005

3486

3995

4509

4986

Field Hockey, Junior Varsity

2258

2616

2998

3382

3742

Field Hockey, MS

1504

1743

1999

2257

2496

Soccer, Varsity [2]

3005

3486

3995

4509

4986

Soccer, Junior Varsity [2]

2257

2616

2998

3382

3742

Soccer, MS

1504

1743

1999

2257

2496

Cross Country

2258

2616

2998

3380

3742

Cross Country, Assistant

1125

1309

1501

1691

1871

Volleyball, Varsity

3005

3486

3995

4509

4986

Volleyball, Assistant

2258

2616

2998

3382

3742

Volleyball, MS

1504

1743

1999

2257

2496

Winter

 

 

 

 

 

Basketball, Varsity [2]

3756

4357

4994

5633

6234

Basketball, Junior Varsity [2]

2819

3269

3748

4224

4676

Basketball, MS [2]

1877

2178

2501

2819

3119

Wrestling

3377

3921

4495

5068

5608

Wrestling, Assistant

2258

2616

2998

3380

3742

Skiing, Varsity

2258

2616

2998

3380

3742

 

1125

1309

1501

1691

1871

Spring

 

 

 

 

 

Baseball, Varsity

3005

3486

3995

4509

4986

Baseball, Junior Varsity

2258

2616

2998

3380

3742

Baseball, MS

1503

1743

1999

2257

2496

Softball, Varsity

3005

3486

3995

4509

4986

Softball, Junior Varsity

2258

2616

2998

3380

3742

Softball, MS

1503

1743

1999

2257

2496

Track, Varsity [2]

3005

3486

3995

4509

4986

Track, Assistant [2]

1877

2178

2501

2819

3119

Tennis

2314

2616

2998

3380

3742

Golf

2314

2616

2998

3380

3742

Cheerleading

3377

3921

4495

5068

5608

APPENDIX D

Re:   SPED Teachers License Requirements

Employee Quarantine Payment

This letter will confirm the 2007 — 2010 Frontier Teachers' contract agreement understanding for the two (2) above-referenced items.

The Parties have agreed to meet if and when SPED teachers are required by federal law or state statute, including Department of Education regulations, to maintain more than one (1) professional teaching license/certification as a condition of employment. Additionally, the contract Parties have agreed to defer any discussion regarding payment for teachers being quarantined as a result of an infectious disease. The specific discussion of the quarantine matter is whether the teacher should be placed on paid administrative leave by the School System or be charged with individual paid sick leave.

APPENDIX E

Frontier Regional School: Educator Evaluations Sections:

(1)        Purpose of Educator Evaluation

(2)        Definitions

(3)       Evidence Used in Evaluation

(4)       Rubric

(5)       Evaluation Cycle:   Training

(6)       Evaluation Cycle:     Annual Orientation

(7)       Evaluation Cycle:     Self-Assessment

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

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

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

(11)     Observations

(12)     Evaluation Cycle:   Formative Assessment

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

(14)      Evaluation Cycle:   Summative Evaluation

(15)      Educator Plans :   General

(16)      Educator Plans:   Developing Educator Plan

(17)      Educator Plans:   Self-Directed Growth Plan

(18)      Educator Plans:   Directed Growth Plan

(19)      Educator Plans:   Improvement Plan

(20)      Timelines

(21)      Career Advancement

(22)      Rating Impact on Student Learning Growth

(23)      Using Student feedback in Educator Evaluation

(24)      Using Staff feedback in Educator Evaluation

(25)       Transition from Existing Evaluation System

(26)       General Provisions

1)          Purpose of Educator Evaluation

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

B)         The regulatory purposes of evaluation are:

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

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

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

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

2)          Definitions

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

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

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

D)         Categories of Evidence: Multiple measures of student learning, growth, and achievement, judgments based on observations and artifacts of professional practice, including unannounced observations of practice of any duration but not less than 10 minutes; and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

L)        Experienced Educator:   An educator with Professional Teacher Status (PTS).

M)       Family: Includes students’ parents, legal guardians, foster parents, or primary caregivers.

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

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

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

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

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

S)         Observer(s): Team Leaders and Department Heads will be available to perform observations only. Any person performing an observation shall be certified or licensed.

T)         Observation: A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of any duration but not less than 10 minutes; by the Evaluator and may include examination of artifacts of practice including student work. An observation may occur in person or through video. Video observations will be done openly and with the knowledge and consent of the Educator. The parties agree to bargain the protocols of video observations should either party wish to adopt such practice. Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator.   Normal supervisory responsibilities of department, building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator. Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are not observations as defined in this Article.

i)    Except only for use as an Unannounced Observation, all such recordings are the sole property of the Educator and the Evaluator may not share with anyone else without the written permission of the Educator.

U)        Parties: The Association and the Committee are parties to this agreement.

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

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

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

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

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

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

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

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

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

i)          Standard 1:   Curriculum, Planning and Assessment

ii)         Standard 2:   Teaching All Students

iii)        Standard 3:   Family and Community Engagement

iv)        Standard 4:   Professional Culture

v)         Attainment of Professional Practice Goal(s)

vi)        Attainment of Student Learning Goal(s)

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

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

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

iii)        Elements:   Defines the individual components under each indicator

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

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

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

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

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

3)         Evidence Used In Evaluation

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

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

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

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

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

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

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

i)          Unannounced observations of practice of any duration but not less than 15 minutes.

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

iii)        Examination of Educator work products.

iv)        Examination of student work samples.

C)        Evidence relevant to one or more Performance Standards, including but not limited to:

i)          Evidence compiled and presented by the Educator, including :

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

(b)        Evidence of active outreach to and engagement with families;

ii)                Evidence of progress towards professional practice goal(s);

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

iv)         Student and Staff Feedback – see # 23-24, below; and

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

4)          Rubric

The rubrics are a scoring tool used for the Educator’s self-assessment, the formative assessment, the formative evaluation and the summative evaluation.     The parties agree to use the rubrics provided by the DESE.

5)          Evaluation Cycle:   Training

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

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

The superintendent will work with the Association and the joint labor-management committee (see Section 26, E) to determine the most effective means of providing this training.

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

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

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

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

6)         Evaluation Cycle:   Self-Assessment

A)         Completing the Self-Assessment

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

ii)         The Evaluator may be the Principal, Director of Special Education, Assistant Principal, Coordinator, or Superintendent.   Department Chairs and Team Leaders will assist in the evaluation process (i.e. classroom observations).   The Principal has the ultimate responsibility for evaluations.

iii)        The self-assessment includes:

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

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

(c)         Proposed goals to pursue:

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

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

B)         Proposing the goals

i)          Educators must consider goals for grade-level, subject-area, department teams, or other groups of Educators who share responsibility for student learning and results, except as provided in (ii) below. Educators may meet with teams to consider establishing team goals.   Evaluators may participate in such meetings. Prior to the goal-setting process, school and/or district leaders will provide educators with assessment data analysis and copies of the school and/or district goals.

ii)         For Educators in their first year of practice, the Evaluator or his/her designee will meet with each Educator by October 1st (or within four weeks of the Educator’s first day of employment if the Educator begins employment after September 20 th) to assist the Educator in completing the self-assessment and drafting the professional practice and student learning goals which must include induction and mentoring activities.

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

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

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

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

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

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

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

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

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

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

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

8)          Evaluation Cycle:   Observation of Practice and Examination of Artifacts – Educators without PTS

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

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

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

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

i)          The Educator shall have at least one announced and three unannounced observations during the school year.

9)          Evaluation Cycle:   Observation of Practice and Examination of Artifacts – Educators with PTS

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

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

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

10)       Observations

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

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

A)         Unannounced Observations

i)          Unannounced observations may be in the form of partial or full-period classroom visitations but not less than 10 minutes. Mini observations or any other means deemed useful by the Evaluator, principal, superintendent or other administrator or any other means deemed useful by the Evaluator, principal, superintendent or other administrator may be used.

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

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

B)         Announced Observations

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

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

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

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

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

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

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

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

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

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

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

11)       Evaluation Cycle:   Formative Assessment

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

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

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

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

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

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

G)         The Educator shall have the right to respond in writing within 5 school days to the formative evaluation which shall become part of the final Formative Evaluation report.

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

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

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

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

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

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

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

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

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

F)          The Educator shall have the right to respond in writing within 5 school days to the formative evaluation which shall become part of the Formative Evaluation report.

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

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

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

13)       Evaluation Cycle:   Summative Evaluation

A)         The evaluation cycle concludes with a summative evaluation report.   For Educators on a one or two year Educator Plan, the summative report must be written and provided to the educator by May 1 for teachers with ratings of needs improvement or unsatisfactory and May 20 for all others.

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

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

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

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

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

G)         No less than four weeks before the due date for the Summative Evaluation report, which due date shall be established by the Evaluator with by April 1 with written notice provided to the Educator, the Educator will provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may also provide to the evaluator additional evidence of the educator’s performance against the four Performance Standards.

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

I)          The Evaluator shall deliver a signed copy of the Summative Evaluation report to the Educator face-to-face, by email or to the Educator’s school mailbox May 1 for teachers with ratings of needs improvement or unsatisfactory and May 20 for all others.

J)          The Evaluator shall meet with the Educator rated needs improvement or unsatisfactory to discuss the summative evaluation. The meeting shall occur by May 5th.

K)        The Evaluator may meet with the Educator rated proficient or exemplary to discuss the summative evaluation, if either the Educator or the Evaluator requests such a meeting. The meeting shall occur by June 1st.

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

M)       The Educator shall sign the final Summative Evaluation report by June 10th. The signature indicates that the Educator received the Summative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

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

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

14)       Educator Plans – General

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

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

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

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

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

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

15)        Educator Plans:   Developing Educator Plan

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

B)         The Educator shall be evaluated at least annually.

16)        Educator Plans:   Self-Directed Growth Plan

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

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

17)        Educator Plans:   Directed Growth Plan

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

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

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

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

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

18)       Educator Plans:   Improvement Plan

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

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

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

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

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

F)          The Improvement Plan process shall include:

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

ii)         Upon the educator’s request a representative of the Association shall attend the  meeting.

iii)        The Association will be informed that an Educator has been placed on an Improvement Plan.

G)        The Improvement Plan shall:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Activity:

Completed By:

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

September 20

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

October 1

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

October 15

Evaluator completes Educator Plans

November 1

Evaluator should complete first observation of each Educator

November 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired) or four weeks before Formative Assessment Report date established by Evaluator

January 5

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

February 1

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

February 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired) or 4 weeks prior to Summative Evaluation Report date established by evaluator

April 1

Evaluator completes Summative Evaluation Report:

 

-for teachers with ratings of needs improvement or unsatisfactory

May 1

-for teachers with ratings of proficient or exemplary

May 20

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

May 5

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

June 1

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

June 10

Educators with PTS on Two Year Plans

Activity:

Completed By:

Evaluator completes unannounced observation(s)

Any time during the 2-year evaluation cycle

Evaluator completes Formative Evaluation Report

June 1 of Year 1

Evaluator conducts Formative Evaluation Meeting, if any

June 1 of Year 1

Evaluator completes Summative Evaluation Report

May 20 of Year 2

Evaluator conducts Summative Evaluation Meeting, if any

June 1 of Year 2

Evaluator and Educator sign Summative Evaluation Report

June 10 of Year 2

A)        Educators on Plans of Less than One Year

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

21.        Career Advancement

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

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

C)         Educators with PTS whose summative performance rating is exemplary and, after 2013-14 whose impact on student learning is rated moderate or high, shall be recognized and rewarded with leadership roles, promotions, additional compensation, public commendation or other acknowledgement as determined by the district through collective bargaining where applicable.

22.        Rating Impact on Student Learning Growth

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

23.        Using Student feedback in Educator Evaluation

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

24.        Using Staff feedback in Educator Evaluation

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

25.        Transition from Existing Evaluation System

A)         The parties may agree that 50% of more of Educators in the district will be evaluated under the new procedures at the outset of this Agreement, and 50% or fewer will be evaluated under the former evaluation procedures for the first year of implementation of the new procedures in this Agreement.

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

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

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

26.       General Provisions

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

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

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

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

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

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