Gardner

Show detailed information about district and contract

DistrictGardner
Shared Contract District
Org Code1030000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2011
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersMontachusett RVTSD
CountyWorcester
ESE RegionCentral
Urban
Kind of Communityurbanized centers
Number of Schools5
Enrollment2600
Percent Low Income Students46
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Gardner

Agreement

Between the

Gardner School Committee

And the

Gardner Education Association

July 1, 2012 - June 30, 2015

Agreement

This agreement is entered into between the School Committee of the City of Gardner (hereinafter referred to as the "COMMITTEE") and the Gardner Education Association (hereinafter referred to as the "ASSOCIATION").

Preamble

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

A.     The Superintendent of the Gardner Public Schools (hereinafter referred to as the Superintendent) has responsibility for carrying out the policies established by the COMMITTEE.

B.      The administrators of the Gardner Public Schools have responsibility for supporting the policies established by the COMMITTEE and those recommended by the Superintendent.   They shall provide guidance and a sense of direction for the teaching staff and encouragement of a climate conducive to excellent performance.

C.     The educational staff of the Gardner Public Schools has the responsibility for providing supervision and education of the highest possible quality.

D.     Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchange of views and information among the COMMITTEE, the Superintendent, the Administration, and the teaching staff in the formulation and the application of the policies relating to wages, hours, and other conditions of employment for the teaching staff, keeping all communications in a two-way channel between the COMMITTEE and the educational staff.

Article I – Scope

Section 1 – Scope

A.     The Agreement includes all of the agreements reached by the parties respecting matters pertaining to wages, hours, and other conditions of employment of employees covered by this Agreement; however, any matter not mentioned in this Agreement, or any matter mentioned in this Agreement for which specific directions are not set forth herein or which is not specifically delegated to the Unit A employees or the Arbitrator, shall be reserved for the decision by the COMMITTEE or the Superintendent, as the case may be in their sole discretion, and in the exercise of such discretion they shall not be subject to the Grievance and Arbitration procedures provided in this Agreement.

B.      If any provision of this Agreement, or any application of this Agreement to any employees covered by the terms of this Agreement, shall be found contrary to law, such provision or application shall have effect only to the extent permitted by law, but all other provisions or applications of this Agreement shall continue in full force and effect.

C.     The parties further recognize and agree that, except as otherwise specifically provided by this Agreement, the COMMITTEE continues to retain, whether exercised or not, the right to exercise, in its sole discretion, the duties, powers, responsibilities, and rights provided by the laws of Massachusetts, and the applicable rules and regulations of the administrative agencies issued under such law, in the control, direction and management of the Gardner Public Schools, and in the exercise of such powers the discretion of the COMMITTEE shall not be subject to the Grievance and Arbitration procedures set forth in this Agreement.

Section 2 – Recognition

A.     For the purpose of Collective Bargaining with respect to wages, hours and other conditions of employment, the negotiation of a Agreement and any questions arising therefrom, the COMMITTEE recognizes the ASSOCIATION as the exclusive bargaining agent and representative of the following employees of the COMMITTEE:

1. All teachers

2. All Department Heads

3. School Counselors

4. Speech Pathologist, Occupational Therapist

5. School Psychologist

6. Early Childhood Coordinator, Curriculum Coordinators

7. Special Education Team Chairs/Coordinators

All of which such employees are designated as "Unit A;" excluding specifically, however, within said Unit A:

1.  The Superintendent of Schools

2. The Business Administrator

3. The Assistant Superintendent

4. Any Principals

5. Any Vice Principals

6. Any Substitute Teacher

7. Educational Support Personnel (ESP)

8. Coaches

9. Athletic Director

10. Grants Coordinator

11. Special Education Director

12. Pupil Personnel Services Director

13. Dean of Students

14. and any employee while employed by the COMMITTEE in any summer programs, and all other employees of the School Department of the City of Gardner.

B.     By the recognition set forth above, this Agreement shall not bar any or such employees as are excluded from "Unit A," as set forth herein, from seeking such separate representation as is permitted by the laws of the Commonwealth of Massachusetts.

Article II

Section 1 – Salaries

The Salaries of all persons covered by this Agreement are set forth in Appendix B which is attached hereto and made a part hereof.

Section 2 – Payment of Salaries

A.     Salaries are paid in twenty-six (26) installments, except as provided for in Article II, Section 2.B.   Teachers shall receive salary due for the months of July and August in one payment on the last pay period while school is in session.

B.      All persons on the teachers' salary schedule may, at the employee’s option, be paid in 22 equal installments during the school year provided the employee has notified the Superintendent by August 1.

C.     Any teacher required by the building principal or the Superintendent to work more than the teacher work year shall be compensated on a per diem basis derived from their base salary.

D.     Teachers who work in the extended school year Special Education summer program will be paid on a bi-weekly basis.

Section 3 – Payroll Statement

On the first payroll day of each new school year, the Administration will provide a statement to all members as to their salary rate, and sick and personal day balances. When an employee applies for movement on the salary schedule for a lane change, the employee will be provided an update of his/her progress on the salary schedule.

Section 4 – Co-Curricular Activities

A.     Current stipends for co-curricular activities which will be paid in total at the end of the respective activity are listed in Appendix C.

B.      A sum of money will be allotted for co-curricular activities not specifically stated in the Agreement.   Staff members interested in initiating a new activity should forward their requests to the Superintendent of Schools (or his/her designee) by May 1, whenever possible, for the next school year.

A committee of four—two from the ASSOCIATION and two from the COMMITTEE— will review the request and make a recommendation to the Superintendent (or his designee).   The decision of the Superintendent will be final.

Section 5 – Inter-school Travel

In arranging schedules for teachers and supervisors who are assigned to more than one school, an effort will be made to limit the amount of inter-school travel.   The above said teachers or supervisors who are assigned to more than one school on a single day will receive a travel stipend of $250.00 per year.

Article III – Teaching Hours and Teaching Load

Section 1 – Work Day

For the applicable agreement year, the arrival and departure time for classroom teachers shall be fifteen (15) minutes before and fifteen (15) minutes after the student school day; provided, however, that the Building Principal as authorized by the Superintendent upon request of a teacher or group of teachers may waive the requirement to remain fifteen (15) minutes after the school day for a specific day or days.   It is recognized, however, that the proper performance of their duties may on occasion, require these persons to work longer than the normal work day, i.e. for conferences, faculty meetings, department meetings, etc.   Therefore, teachers will remain at school after the fifteen (15) minutes described above, during one (1) day each calendar week for such periods of time as is necessary to provide students extra help, to meet with parents or guardians, concerning the progress of their children or wards.

No teacher shall be required to work more than a seven and one-quarter (7 1/4) hour day including fifteen (15) minutes before and fifteen (15) minutes after the students' school day which will include uninterrupted prep time; provided, should State law require a longer instructional day, or more days, the teachers shall work the added time and the parties shall immediately commence impact bargaining on the issue.

This article does not purport to cover the arrival and departure time of teachers involved in special assignments.

Section 2 – Other Personnel

Personnel other than classroom teachers will work at their assigned tasks for at least the length of the regular teachers' work day.   The exact daily schedule will be worked out on an individual basis between the Administration and the employee.

Section 3 – Work Year

The current student school year is the state minimum of 180 days.   The work year of teachers is 184 days.   New personnel may be required to attend additional orientation sessions. Guidance counselors’ work year is an additional ten (10) days beyond the teachers’ work year. The specific ten (10) additional work days beyond the teachers’ work year for guidance counselors will be determined at the discretion of the principal; however, all days worked must be in full-day increments.

The school day prior to the December school vacation will be a ½ day and the last day of school for the school year will be a ½ day.

Section 4 – Meetings

Teachers will be notified of all group meetings at least forty-eight (48) hours in advance, except in an emergency.

Section 5 – Lunch Periods

It is the intention of the COMMITTEE to the extent practicable to give a duty free lunch period to each teacher.   The Administration in its discretion may utilize teachers during the lunch period on a scheduled basis or in emergencies.   Lunchroom duty will be distributed as equitably as is practicable among teachers in the same school.

Section 6 – Preparation Periods

Classroom teachers will make preparations, during which they will not be assigned to any other duties as follows:

1.      Five (5) preparation periods per week for grades 6 through 12 unless a teacher volunteers to do otherwise.

2.      Elementary (preK-5) preparation time shall be the first thirty (30) minutes of each 7 ¼ -hour day.

3.      Substitutes – Substitutes will be provided when Specialists (Music, Art, Physical Education) are absent, if possible.

Section 7 – Definitions

Preparation time is uninterrupted time during the regular school day for preparing and correcting classwork, common planning time, or pursuing any educationally valid activity.

In-service time is time during the regular school day, when students are not in attendance. The said time shall be used for programs or educational classes offered by the COMMITTEE or any other mutually agreed upon agency.

Early release time is time during the regular school day, when students are released prior to the regular school lunchtime. These days shall be used for conferences, staff development, curriculum work, or any other mutually agreed upon programs.

Section 8 – Directed Study

In order to fully meet all aspects of state mandated Time and Learning (990 hours) for all students, it is necessary to more fully implement the following:

1.    Each academic department will develop a packet of exercises/assignments for study students who do not have an academic assignment (MCAS materials, for an example).

2.    All students, without exception, will be engaged in academic schoolwork relating to course content.

3.    Students will be encouraged (directed) to approach study hall teacher and ask specific questions on academic work.

4.       The study hall teacher, upon his or her discretion, may reassign a student to the library, computer laboratories, Academic Support Center and or individual teacher (if available) based upon individual student needs.

Article IV – Class Size

Section 1 – Class Size

The COMMITTEE recognizes the   of excessive class size and, consistent with their recognition, agrees to make every effort to comply with the standards set forth below as to class size at the various schools of the Gardner Public Schools.

A.     K through 5 – average of 26 per class excluding specialties of music, art, physical education, special needs students and study halls.

B.      6 through 12 – average of 27 per class excluding specialties of music, art and physical education, special needs students and study halls.

Section 2 – Educational Support Personnel

Educational Support Personnel will be made available to the schools at the sole discretion of the COMMITTEE and the Administration.

Section 3 – Kindergarten Class Size

The COMMITTEE will abide by State Department of Education maximum class size regulations for Kindergarten.

Article V – Sick Leave Bank

Section 1 – Provisions

The COMMITTEE shall establish by policy, a Sick Leave Bank for use by the employees covered by this Agreement.   The Sick Leave Bank shall be established to include the following provisions:

A.     Sick Leave granted by the Sick Leave Bank may only be used for prolonged illness as determined by the Sick Leave Bank committee.   The initial grant may not exceed thirty (30) days but the applicant may reapply.

B.      Sick Leave which may be granted by the Sick Leave Bank may only be used upon exhaustion of an eligible employee's accumulated Personal Sick Leave.

C.     Sick Leave which may be granted by the Sick Leave Bank shall be granted only upon a majority vote of the Sick Leave Bank Committee.

D.     The Sick Leave Bank committee shall consist of the GEA Executive Board.   The Vice President of the ASSOCIATION will be Chairperson and authorized to make reports on the Sick Leave Bank.

E.      Participation in the Sick Leave Bank shall be on a voluntary basis.

F.      One earned day of an employee's accumulated Sick Leave will be donated by such employee through the Sick Leave Bank.   Upon agreement by the ASSOCIATION and the COMMITTEE upon recommendation of the Sick Leave Bank Committee, additional days of an employee's accumulated Sick Leave may be contributed to the Bank.

G.     The Sick Leave Bank shall be open membership for all members of Unit A and the ESP Unit of the GEA.

H.     Each employee who is eligible to participate in the Sick Leave Bank, and who chooses not to participate, shall be required to sign a release to the School Department.

I.      Employees shall be eligible for benefits under the Sick Leave Bank only while employed in the Gardner Public Schools.   Any member who has worked consecutively for three (3) years and has accumulated a minimum of twenty (20) sick days will be given the opportunity to join the Sick Bank.

J.      Upon access of the Sick Leave Bank, a report will be given to the Superintendent.

Section 2 – Authorization

The COMMITTEE shall be authorized as part of its policy establishment of the Sick Leave Bank to make such other rules and regulations as are necessary for the implementation of the Sick Leave Bank as described in Article V Section 1.

Article VI – Teacher Employment

Section 1 – New Hires

Newly hired teachers will be placed in a position on the salary scale at the superintendent’s discretion but at no time will newly hired teachers be placed on the salary scale at a rate higher than their years in teaching and their educational attainment.

Section 2 – Credit for Military, Peace Corps

Full credit not to exceed two (2) years, for military experience, may be given to a member of the ASSOCIATION who has spent one year or more in the military service and has received an honorable discharge.   The same consideration may be given for the Peace Corps experience.

Section 3 – Outside Teaching Experience

Teachers with previous teaching experience in the Gardner Public Schools will, upon returning to the school system, be placed on the salary schedule according to the superintendent’s discretion.   However, at no time will such teachers be placed on the salary scale at a rate higher than their years in teaching and their educational attainment.

Article VII – Teacher Assignment

Section 1 – Program Changes

Teachers will be notified if there is a change in their programs for the coming school year, including the schools to which they will be assigned, the grades and/or subjects that they will have, as soon as practicable.

Section 2 – Areas of Competence

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

Section 3 – Grade Assignment

To the extent practicable, changes in grade assignment in the elementary schools and in subject assignments in the secondary schools will be voluntary.

Section 4 – Equal Opportunity

Teacher assignments will be made without regard to race, color, sex, religion, national origin or sexual orientation

Article VIII – Transfers, Reductions in Force and Recall

Section 1 – Transfers

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

A.     When a transfer is necessary, volunteers will be transferred first.

B.      When involuntary transfers are necessary, a teacher's area of competence, major and/or minor field of study, quality of teaching performance during the normal school day, and continuous length of service in the Gardner Public Schools will be considered in determining which teacher is to be transferred.

Teachers being voluntarily transferred will be transferred only within their area of certification.

An involuntary transfer will be made only after a meeting between the teacher involved and the Superintendent, at which time the teacher will be notified of the reasons for the transfer.   In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the ASSOCIATION will be notified and the Superintendent will meet with the ASSOCIATION'S representatives to discuss the transfer.

C.     A list of open positions in other schools will be made available to all teachers being transferred.   Ability shall be the deciding factor in determining who should be transferred. If ability and all other factors that the ADMINISTRATION may consider relevant are substantially equal, preference will then be given in the filling of such positions on the basis of total length of service in the Gardner Public Schools in this bargaining unit.

D.     Notice of transfer will be given to teachers as soon as practicable and under normal circumstances not later then June 1st.

E.      Exceptions to the provisions of sections A, B, C, and/or D above may be made only if the Superintendent determines that it is necessary to do so in the best interest of the teacher and/or school(s) affected.   The ASSOCIATION will be notified of every instance in which the Superintendent so determines.   A disagreement over whether an exception is justified will be subject to the grievance procedure and will be initiated at Level Two thereof.

F.      Voluntary transfer.   Teachers desiring a transfer will submit a written request to the Superintendent stating the assignment preferred.   Such request must be submitted between September 1 and June 12 of each year to be considered for the next school year.

The Superintendent will acknowledge receipt of the request by June 15 in writing.

G.     Before a teacher is assigned or transferred to a particular school, the principal of the school in question will be consulted regarding said assignment or transfer.

Section 2 – Reduction in Force

A.     In the event it becomes necessary for the ADMINISTRATION to reduce the number of employees in the bargaining unit because of financial limitations, decrease in pupil enrollment, changes in curriculum, or reorganization, the procedures set forth in the Article will govern the layoff and recall of employees who are affected by such reduction.

B.      For teachers with less than three (3) years of experience, notification of layoff shall take place no later than June 15 of the year prior to the start of the school year in which the reduction will take place.

C.     No teacher with professional status shall be laid off if there is a non-professional status teacher whose position such teacher with professional status is qualified to fill.

Qualified shall mean certified by the Department of Education.

D.     Layoff of employees with professional status due to reduction in force will be based on the employee's seniority and certification.   Professional status employees to be laid off due to reduction in force shall be laid off within affected disciplines in inverse order of seniority.   Professional status teachers who have been reached for reduction in force may bump the least senior teacher who holds a position for which the senior teacher is certified.

Discipline shall mean area of certification.

E.      Seniority.   Whenever it is referred to in this Agreement, seniority is defined as an employee's length of continuous service in years, months, and days from the date an employee begins employment in a position covered by the bargaining unit.   In the event an employee has resigned and has been reappointed, seniority shall be counted from the dates of the most recent return to employment in the bargaining unit.   Employees shall be credited for seniority purposes with all time spent on paid authorized leaves of absence provided for in this Agreement.   Authorized unpaid leaves of absence shall not interrupt continuous service for purposes of defining seniority, but time of such leaves will not count toward seniority.

In cases involving identical seniority, a name lottery shall be held.   Order of seniority shall be the order drawn.   (The first drawn is the most senior.)   The lottery shall be conducted jointly by the ASSOCIATION and ADMINISTRATION.   Members of the bargaining unit may be present at such a lottery.

The seniority list will be updated an provided to the bargaining unit members electronically annually by October 15th. Upon receipt, members will notify management of corrections they believe should be made. The annual seniority list shall not be altered after October 15th except to correct an error or add new employees in the bargaining unit.

F.      Certification.     Employees are certified in an area for which they have official credentials currently on file with the Massachusetts Department of Education, Bureau of Teacher Certification.

Section 3 – Recall

A.     Employees shall be recalled in inverse order of their layoff as to vacancies for which they are certified.   Employees will remain on a recall list for a period of two (2) years from date of layoff.

B.      Employees who are recalled by the COMMITTEE shall be recalled with professional status and all benefits they had accumulated at the time of their layoff.   Employees on the recall list shall be entitled to membership in any group health or life insurance coverage provided to unit members, provided, however, that the member pays the entire cost of such insurance pursuant to the requirements of the insurance carrier, and that there shall be no contribution by the COMMITTEE or City for such employee's insurance.   Employees on the recall list status shall be deemed to be on an unpaid leave of absence.

C.     Employees on the recall list will be given first priority in filling substitute teacher vacancies if they indicate, in writing, that they desire such employment.

D.     When vacancies occur in the certification area(s) of employees on the recall list, such employees shall be notified by certified mail at their last address of record.   Failure to respond to the Superintendent with a letter of acceptance of the offered position within ten (10) calendar days of receipt of such notice shall be considered a rejection of such offer.   It shall be the responsibility of employees on the recall list to inform the Superintendent, in writing, of changes of address.

E.     Employees on the recall list shall have priority in filling vacancies as herein before set forth. No new employees shall be hired to fill such vacancies until all appropriate employees on the recall list have been offered the vacancy to the provisions of this Article.

Article IX – Vacancies and Promotions

All vacancies in promotional positions, vacancies not filled by transfers, recall, or by death, retirement, discharge, resignation, or by the creation of a new position, shall be filled pursuant to the following procedures.

1.      Such vacancies which occur during the school year shall be adequately publicized by the Superintendent electronically to bargaining unit e-mail addresses provided by the district as far in advance of the appointment as possible, at least for a period of ten (10) days prior to the appointment.

2.      Qualifications for the position, its duties, and its rate of compensation will be clearly set forth.

3.      Teachers who desire to apply for such vacancies shall file their applications in writing with the appropriate hiring authority within the time limit specified by the notice.

4.      Candidates from both within and without the school system shall be equally eligible to fill the vacancies.

5.      Appointment to such positions shall be on the basis of ability and shall be approved by the Superintendent upon the recommendation of the appropriate hiring authority. The appropriate hiring authority agrees to give due weight to the professional background and attainments of all applicants, the length of time each has been in the school system, and any other relevant factors.   If ability and all other factors that the appropriate hiring authority may consider relevant are substantially equal, preference will then be given in the filling of such positions on the basis of total length of service in the Gardner Public Schools.   Appointments will be made without regard to race, color, sex, religion, national origin or sexual orientation.

6.      Positions for summer jobs will be posted and applicants will be selected in the same manner as set forth in Paragraph 5 above.

Article X – Teacher Evaluation

Section 1 – See Appendix A

Section 2 – Reviewing Personnel File

Teachers will have the right to review the contents of their personnel file upon request. Teachers will be entitled to have a representative of the ASSOCIATION accompanying them during such review.

No material derogatory to a teacher’s conduct, service, character, or personality will be placed in a personnel file unless the teacher has had an opportunity to review the material.   The teacher will acknowledge that he or she has had the opportunity to review such material by affixing his or her signature to the copy to be filed with the express understanding that such signature in no way indicated agreement with the contents thereof.   The teacher will also have the right to submit a written answer to derogatory material, and that such answer shall be reviewed by the Superintendent and attached to the file copy.

Section 3 – Evaluation Requirement

The Superintendent shall cause the evaluation of all employees in the Gardner Public Schools.

Section 4 – Employer Responsibility

The ASSOCIATION recognizes the authority and responsibility of the employer, the Superintendent, and the Principals in the maintenance of professional standards of performance and conduct.

No teacher with professional status will be discharged, disciplined, reprimanded or reduced in rank or compensation, or deprived of any professional advantage except for inefficiency, incapacity, conduct unbecoming a teacher, insubordination or other just cause.   The non-professional status teacher, after ninety (90) days of employment, and during his or her agreement year, shall not be discharged.

Employment of a teacher with non-professional status, or the renewal of such appointment, or the appointment of such non-professional status teacher to professional status, shall be at the sole discretion of the Superintendent and shall not be subject to the Grievance and Arbitration Procedure of this Agreement.

Article XI – Use of School Facilities

Section 1 – School Buildings

To the extent permitted others, the ASSOCIATION will have the right to use school buildings without paying user fees at reasonable times for meetings.   The principal at the building in question will be notified in advance of the time of all such meetings.

Section 2 – Athletic Facilities

Employees covered by this Agreement will have the right to use the athletic facilities and equipment of the schools without cost at least one (1) evening each week.   The schedule and other related matters will be arranged in advance with the Superintendent of Schools.

Section 3 – Bulletin Boards

There will be one (1) bulletin board in each school building which will be placed in the faculty lounge, for the purpose of displaying notices, circulars, and other ASSOCIATION material.   Copies of all such material will be given to the building principal, but his advance approval will not be required.

Article XII – Leaves of Absence

Section 1– Sick Leave

Teachers may be granted sick leave to the extent of their unused, earned, accumulated sick leave under the following terms and conditions:

A.     For the first ninety (90) days of a teacher's employment, one and one half (1½) days of sick leave per month shall be earned to a maximum of fifteen (15) sick days per year. All other employees covered by this Agreement shall be credited with fifteen (15) sick leave days on the first official day of the said school year whether or not they report for duty on that date.

B.      Sick leave may be accumulated by any employee for an unlimited number of days.

C.     In the event of the absence of a teacher due to sickness or injury in excess of five (5) days (consecutive working days) or in excess of eight (8) working days during any school year, the Principal or the Superintendent, may require a Doctor's certificate at the employee's expense for any absence for which an employee seeks to use his or her accumulated sick leave.   If the Superintendent has some rational basis for questioning the physical condition of an employee the Superintendent may, at his/her sole discretion, require an examination of the employee by a physician, other than the employee's attending physician, which physician shall be mutually agreed to by the parties and which the examination shall be at the expense of the COMMITTEE.   In the event the parties cannot agree on a physician, either party may submit the choice of a decision to arbitration.

D.     Sick leave may be used in case of illness of immediate family members. These days will be deducted from accumulated sick leave but recorded as family illness days.

E.      Sick Leave Buy Back.   Upon retirement1 or death, each teacher with accumulated sick leave shall be granted pay for such accumulation not to exceed fifty (50) days pay and an additional fifty percent (50%) of the daily rate for accumulated days over and above the first fifty (50) days not to exceed a total of one hundred thirty (130) days pay.   Notice of Retirement shall be given no later than December 31 of the preceding retirement year; with proper notice, payment will be made no later than the first pay period in the next fiscal year.   A day’s pay and daily rate are defined as an individual’s annual salary schedule salary, without longevity, divided by the number of days in the individual’s work year.

____________________________________________________________________________________________________________________________________

1 It is understood by the parties to this agreement that the term retirement as used in this paragraph shall mean either termination of employment after fifteen (15) years of service to the Gardner Public Schools or termination of employment with the Gardner Public Schools upon reaching the age of sixty (60) years.

____________________________________________________________________________________________________________________________________

The Sick Leave Buy Back Plan is grandfathered for all teachers hired before December 31, 1993. The Sick Leave Buy Back Plan is not applicable to teachers employed in the Gardner Public Schools after December 31, 1993.

F.      Stay Well Buy Back. All teachers hired as of January 1, 1994 will be allowed to sell back to the school department a maximum of three (3) days per year of unused sick time from the present school year, for payment in July.

Teachers wishing to sell back these days shall only be required to notify the Superintendent once of their intent to buy back three days.   If a choice is made to discontinue/change the stated intent, teachers shall notify the Superintendent in writing.

Teachers who opt for this plan will be paid in July of each year the dollar amount of three (3) days.   The rate of pay will be based on the base salary of the year the days were earned.

For the purpose of this section, days will be whole days.

G.     In the event of an employee being called for jury duty, the school committee will reimburse up to the full amount of contracted salary less any differential provided by the judicial system.

Section 2 – Other Temporary Leave of Absence with Pay

Employees shall be granted a temporary leave of absence with pay under the following circumstances:

A.     Personal Days.   Three (3) days leave of absence, in full day increments, for religious, personal, legal, business, household or family matters which require absences during school hours, provided, except in the case of an emergency, that written notification to the building principal has been given by the employee no less than two business days before such leave is to take place.   In case of an emergency, the building principal at his/her sole discretion may waive the notification requirement.   Personal days shall be granted in full-day increments.   The personal day notification form shall be updated and attached to this Agreement.   Any teacher who does not use all three (3) personal days in any given school year will have any unused days converted to available sick days which may be carried forward to the next year.

B.      Time necessary for up to eight (8) people days during any school year for attendance at Massachusetts Teachers' Association and National Education Association meetings.

C.     Any time necessary for an appearance by a teacher in a legal proceeding arising out of the teacher's employment in the Gardner Public Schools.

D.     Persons called into temporary active duty of any unit of the US Reserves or the State National Guard, provided such obligation cannot be fulfilled on days when school is not in session.   Teachers will be paid the difference between their regular pay and the pay which they receive from the State or Federal Government.   Employees shall be guaranteed such rights as are provided to them concerning "Leaves of Absence for Military Service" as set forth in Chapter 70B of the Acts of 1941 of the Commonwealth of Massachusetts as amended from time to time.

E.      Up to five (5) days at any one time may be granted to the employee in the event of death in the teacher's immediate family. Immediate family is defined as spouse, children, siblings, parents, grandparents, and comparable in-laws, and significant others. Other relationships may be considered as “immediate family” at the discretion of the building principal. However, disapproval of bereavement leave is not subject to the grievance procedures as written in this Agreement.

Time may also be allowed at the discretion of the building principal for death of close friends or relatives not in the immediate family. The employee will consider such time taken as a use of a personal day.

F.      Sabbatical Leaves.   Upon recommendation by the Superintendent, sabbatical leaves will be granted for study or travel to a member of the teaching staff by the COMMITTEE subject to the following conditions:

1.      No more then three (3) members of the teaching staff will be absent on sabbatical leave at any one time.

2.      The teacher has completed at least five (5) consecutive full school years of service in the Gardner Public Schools.

3.      Requests for sabbatical leave must be received by the Superintendent in writing in such form as may be required by the Superintendent no later than November 10 of the year prior to the school year the leave is requested.   Sabbatical leaves are subject to budget constraints.

4.      Teachers on sabbatical leave will be paid full salary for a half year or half salary for a full year.

5.      The teacher will agree to return to employment in the Gardner Public Schools for one (1) full year in the event of a semester's leave or two (2) full years in the event of a full year's leave.

Section 3 – Leave of Absence without Pay

A.     The Superintendent in his or her discretion may grant an employee a leave of absence without pay for any purpose it deems appropriate.

A teacher on said leave of absence shall notify the Superintendent by certified mail return receipt requested, on or before February 1 of the year they wish to return of his or her intention to return to the Gardner Public Schools.   Any teacher taking part in this leave will return with full rights, privileges, benefits and salaries provided for under the Agreement, except that they shall return with only the same number of years seniority and the same areas of certification as existed at the time the leave of absence was taken. Teachers on this leave may participate in the offered health or dental programs if they assume the responsibilities of their payments. Any request for an extension or a renewal of a leave of absence without pay must be applied for and granted in writing.

B.      Maternity Leave

A teacher who so desires a leave of absence for the purpose of child bearing shall inform the principal and superintendent in writing at least three (3) months prior to the date said leave is about to commence.

1.      Maternity leave is a leave of absence without pay unless the teacher provides the superintendent with a note from her physician indicating that she is physically unable to perform the duties of her position.   In this event the teacher may use accumulated personal and sick days until the physician indicates she is able to return to work.

2.      The teacher may return to work as soon as she desires after the delivery of the child providing her physician approves the return.   Teachers desiring additional leave after the physician certifies her able to return shall be on unpaid leave and the leave will be subject to the rules and regulations in Section 3A above (Leave of Absence without pay).

3.      Leaves of absence shall not extend beyond twelve (12) months unless extended by the Superintendent.

4.      All maternity leave will follow procedures outlined by the City of   Gardner (see attached City of Gardner Maternity Leave Form).

C.     Adoption/Child Rearing Leave

A teacher who adopts a child or requests a child rearing leave shall be granted a leave without pay subject to the rules and regulations in Article 1 above (Leave of Absence without Pay).

D.     The City of Gardner Family and Medical Leave procedures will be followed for leaves taken under the Family and Medical Leave Act.

Article XIII – Professional Development and

Educational Improvement

Section 1 – Expenses

The COMMITTEE will pay the reasonable expenses (including fees, meals, lodging and/or transportation) incurred by teachers who attend workshops, seminars, conferences, or other professional improvement sessions at the request and/or with advance approval in writing of the Superintendent.

Section 2 – Credit for Projects

The ASSOCIATION Professional Development Committee will meet with the superintendent to formulate professional development opportunities for teachers that benefit the educational goals of the Gardner Public Schools.

Section 3 – Credit for Courses

Employees shall receive credit for a maximum of two (2) post-graduate courses per semester earned at an accredited degree granting college or university during the school year.

An employee taking undergraduate courses during a school year may be granted credit at the discretion of the Superintendent or designee which discretion shall not be subject to the Grievance and Arbitration Procedures of this Agreement.

Any post-graduate credits earned by an employee during the summer under this Agreement at an accredited degree granting college or university shall be recognized.   Credits earned by an employee under this Agreement during the summer for undergraduate courses shall be recognized for movement on the salary schedule only to the extent that such courses had been approved in advance by the Superintendent or designee.

Graduate credits earned after the Bachelor’s degree (provided they are not required or prerequisite courses in the Master’s Program) will be compensated at the Master’s level upon the successful completion of the Master’s Program.

For salary purposes, educators who earned their Master’s Degree before the 1996-1997 school year will not qualify. This agreement is effective August 25, 1996.

Movement on the salary schedule will only occur twice per school year: in September and in January.   All documentation for movement on the salary schedule must be submitted to the payroll office no later than September 30 or January 31.   There is a one-year limit for submission of courses in order to receive credit for movement on the salary schedule (one year from the time the course was completed).

Section 4 – In-service Courses

The COMMITTEE agrees to provide at lease one (1) in-service course during every five (5) years.   Each such course may grant three (3) college level credits.   A minimum of fifteen (15) teachers must participate before the course will be provided.

Professional Development Points (PDP’s) or in-service credit, at the teacher’s discretion, will be granted for NEASC work and NAEYC work.

Article XIV – Safe Workplace

Teachers will immediately report all cases of assault suffered by them in connection with their employment to the building principal and then to the Superintendent in writing.

This report will be forwarded to the COMMITTEE which will comply with a reasonable request from the teacher for information in its possession relating to the incident or the persons involved. The superintendent will act in appropriate ways as liaison among the teacher, the police, and the courts.

Administration shall meet with the employee assaulted within 10 days after the investigation has concluded to communicate his/her findings.

Article XV – Personal Injury Benefits

Section 1 – Absence as a Result of Injury

Whenever a teacher is absent from school as a result of an injury arising out of or in the course of employment, and has not been retired, the teacher shall be eligible to file a claim for workers’ compensation benefits.   A teacher who is absent from school as a result of such injury and subsequently becomes eligible for workers’ compensation benefits may use accumulated sick leave to cover the difference between the teacher’s full salary and any workers’ compensation award made for lost income resulting from said injury for the period of such absence and until any previously accumulated sick leave is exhausted.   The teacher will be charged 1/3 of a sick day from the teacher’s accumulated sick leave.   The exhaustion of accumulated sick leave available to such teacher shall not in any way impair the teacher’s eligibility for continued benefits from any workers’ compensation program and or award. This provision is to be limited to the extent that the COMMITTEE is required to pay for an additional period of time pursuant to the Workers’ Compensation Law less the amount of money due to the COMMITTEE as reimbursement under this Agreement.

Section 2 – Medical, Surgical, Hospital Reimbursement

The COMMITTEE shall reimburse a teacher for the full cost of medical, surgical, or hospital services (less the amount of any insurance reimbursement) incurred as the result of any injury sustained in the course of employment.   This provision is to be limited to a maximum of three years from the date of injury, except to the extent that the COMMITTEE is required to pay for an additional period of time pursuant to the Worker's Compensation Law (less the amount of reimbursement due to the COMMITTEE under the terms of this Agreement).

Section 3 – Property Reimbursement Claims

The COMMITTEE will reimburse a teacher for any clothing or other personal property damaged or destroyed in the course of his employment due to assault and battery, faulty equipment, or vandalism up to seventy-five dollars ($75.00), and provided said teacher is not covered by private insurance and subrogated his or her rights of legal redress to the COMMITTEE.

Section 4 – Other Reimbursement

An employee shall be required to make a claim for reimbursements for such injuries as he or she may suffer to the insurance carrier of the COMMITTEE as a result of any absence covered by Sections 1 and 2 of this Article.   This employee shall pay to the COMMITTEE any settlement received for such claim for such Section through the School Department.   If the claim is denied by the carrier, the COMMITTEE shall deduct such payments from the employee's accumulated sick leave to the extent of such accumulation or from his salary.   If the employee for any reason refused to pay over such payment as he shall have received from the insurance carrier arising out of the absences described in Sections 1 and 2 of this Article, the COMMITTEE may at its discretion deduct payments due to it from the employee's salary. Failure to make such payments shall also be cause for the discharge or disciplinary action at the sole discretion of the COMMITTEE and the exercise of their discretion under this paragraph, they shall not be subject to the Grievance and Arbitration Procedures of this Agreement.

Article XVI – Health and Life Insurance

Section 1 – Insurance Premiums

The COMMITTEE agrees to pay seventy-five percent (75%) of the premiums of health/dental and life insurance that is offered by action of the City except as follows.   The COMMITTEE agrees to pay fifty percent (50%) for the most expensive health insurance plan, the Massachusetts Blue Cross Blue Shield Blue Choice Plan.

Section 2 – Health Insurance

Each teacher, if he or she chooses to, will be covered under the provisions of the

Massachusetts Blue Cross Blue Shield Blue Choice Plan or any health insurance as offered to other city employees.

Section 3 – Annuity

Teachers will be eligible to participate in a "tax sheltered" annuity plan and/or deferred compensation plan.

Section 4 – Insurance Claims

Any claim pursuant to the health/dental or life insurance policies given by the COMMITTEE to the teachers shall not be subject to the Grievance and Arbitration Procedures set forth in this Agreement, but are limited to the remedies provided by such insurance policies.

Section 5 – Other Insurance Benefits

Members of the ASSOCIATION shall be entitled to any additional health or life insurance benefits that the police, fire, public works or City Hall employees of Gardner might receive during the period of this Agreement.

Article XVII – Dues Deduction and Agency Fee

The COMMITTEE agrees to deduct from the salaries of its employee’s dues payable to the ASSOCIATION to the extent that teachers individually and voluntarily authorize the COMMITTEE to deduct and to transmit said monies.   Teachers' authorizations will be in writing.

All employees covered by this Agreement, who do not pay ASSOCIATION dues, shall be required as a condition of employment, to make payment on or after the 30th day following the beginning of their employment, or thirty (30) days following the date of execution of this Agreement, whichever is later, an Agency Service Fee to the ASSOCIATION.   Such Agency Service Fee shall be in an amount equal to seventy-five (75%) percent of the ASSOCIATION dues.   At the election of the employee, the Agency Service Fee may be deducted from his or her wages in accordance with the provisions of Chapter 180 of the General Laws as amended upon presentation to the City of a signed authorization.   If the teacher does not authorize the City to make a weekly payroll deduction as provided herein for dues or Agency Service Fees, he or she shall pay such dues or Agency Service Fee directly to the ASSOCIATION.       Dues deducted in accordance with the authorization cards shall be in the amount of dues in existence at the time of the deduction as certified to the Treasurer of the City by the ASSOCIATION.

Article XVIII – Grievance and Arbitration Procedures

Section 1 – Definition

A grievance is a dispute concerning the interpretation, meaning, or application of this Agreement or any amendment or supplement thereto, except such disputes concerning such matters which are specifically excluded from the Grievance and Arbitration Procedures of other paragraphs of this Agreement.

Section 2 – Time Limits

The time limits indicated hereunder will be considered maximum unless extended by mutual agreement in writing.   Days will mean business day(s).

Section 3 – Procedure

A teacher with a grievance will first discuss it with his or her principal or immediate superior, either directly or through the ASSOCIATION'S School Representative, with the objective of resolving the matter informally.

Level 1

If the matter is not resolved through the informal discussion referred to above, the teacher with a grievance will discuss it at a meeting with his or her principal or immediate supervisor, either directly or through the Association’s School Representative, upon presentation of a Level 1 written grievance.   The principal or immediate supervisor will respond to the grievance within ten (10) business days of the Level 1 meeting.

Level 2

A.     If the Grievance is not settled within ten (10) business days after presentation at Level 1, the aggrieved teacher or the ASSOCIATION may within five (5) business days thereafter refer it in writing to the Superintendent.   There shall be a meeting with the ASSOCIATION and the Superintendent within fourteen (14) business days following the presentation of the written grievance at Level 2. A representative of the Massachusetts Teachers Association may be present at this meeting. The Superintendent will respond to the grievance within ten (10) business days of the Level 2 meeting.

B.      If the Grievance is not received by the Superintendent within thirty (30) business days after the aggrieved party know or should have known of the act or condition on which the Grievance is based, the Grievance will be considered as waived. An alleged waiver will be subject to arbitration pursuant to Level 4.

Level 3

If the Grievance is not settled at Level 3 and if the ASSOCIATION determines the Grievance alleges a violation by the school district of any of the provisions of this Agreement it may, within thirty (30) business days after written reference to the Superintendent refer to arbitration as hereinafter provided.

Section 4 – Submission to Arbitration

Any Grievance which alleges a violation by the school district of one or more provisions of this Agreement and which has not been settled under the procedure set forth herein may be submitted by either party to an Arbitrator mutually agreed to by the parties, or to the American Arbitration Association or Labor Relations Commission within the time prescribed.   The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an Arbitrator, if they cannot mutually agree upon an Arbitrator.

Section 5 – Decision of Arbitrator

The Arbitrator so selected will confer with representatives of the COMMITTEE and the ASSOCIATION and hold hearings promptly and will issue a decision, award, and reasons therefore not later than twenty (20) business days from the date of the close of the hearings, or if oral hearings have been waived, than from the date the final statements and proofs are submitted to him.

The arbitrator will be without power or authority to make any decision or award which is violative of the common law or statutory law of the Commonwealth, or requires the commission of an act prohibited by law, or which violates any of the terms of this Agreement. The Arbitrator will be without power or authority to render an award or decision concerning any matter which has been excluded from the Grievance and Arbitration procedures of this Agreement.

The decision of the Arbitrator will be final and binding except for review or confirmation as provided by the provisions of Chapter 150 C of the General Laws of the Commonwealth of Massachusetts.

Section 6 – Arbitrator Expenses

The costs for the services of the Arbitrator, including per diem expenses, if any, and the actual and necessary travel and the Subsistence expenses, will be borne equally by the COMMITTEE and the ASSOCIATION.

Section 7 – Other Representation

Any Party in interest may be represented at all stages of the Grievance procedure by a person of his own choosing, except that he may not be represented by a representative or an officer of any teacher organization other than the ASSOCIATION, or the Massachusetts Teachers Association.   When a teacher is not represented by the ASSOCIATION, the ASSOCIATION will have the right to be present and to state its views at all stages of the Grievance and Arbitration procedure.

Section 8 – Grievances Affecting a Group or Class of Teachers

If, in the judgment of the ASSOCIATION, a Grievance affects a group or class of teachers, the ASSOCIATION may submit such Grievances in writing to the Superintendent directly and the processing of such Grievance will be commenced at Level 2.   The ASSOCIATION may process such a Grievance through levels of the Grievance procedure even though the aggrieved person does not wish to do so.

Section 9 – Decisions

Decisions rendered at Levels 1, 2, and 3 of the Grievance procedure will be in writing setting forth the decision and reasons therefore and will be transmitted promptly to all parties in interest and to the president of the ASSOCIATION.   Decisions rendered at Level 4 will be in accordance with the procedures set forth herein.

Section 10 – Grievance Documents and Communications

All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants, unless the individual in question files a written request to the contrary.

Section 11 – Document Preparation

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.

Section 12 – No Reprisal

No reprisal of any kind will be taken by the COMMITTEE or any member of the administration against any employee covered by this Agreement for participating or failing to participate in the Grievance or Arbitration Procedures set forth in this Agreement.

Article XIX – Early Retirement Package

Section 1 – Notification

Members reaching the age of 53 must notify the COMMITTEE that they will retire at the age of 55.

Section 2 – Notification Waiver

The two-year notice may be waived by the COMMITTEE under special circumstances.

Section 3 – Shared Savings

The savings will be shared by the COMMITTEE and the Retiree for three years at a fifty-fifty percentage (50/50%).

Section 4 – Medical Insurance Responsibility

The retiree is responsible for medical insurance out of his or her share.

Section 5 – Substitute Teaching Priority

Priority for substitute work for three years is guaranteed.   Member must register with the Superintendent and complete proper procedures.

Section 6 – COMMITTEE Obligations

The COMMITTEE has no obligation to replace retirees and savings will be calculated by subtracting the lowest rate in the same range as the range from which the member retired.

Section 7 – Eligibility

The member must be eligible for Massachusetts Teachers' Retirement and must have ten (10) years of service to the Gardner Public Schools.

Article XX – Miscellaneous

Section 1 – Effective Date of Salary Schedules

The Salary Schedules in this Agreement shall be effective on the date set forth herein.

Section 2 – No Strikes

During the period of this Agreement, no employee covered by this Agreement shall engage in, induce, or encourage any strike, work stoppage, slow-down, or withholding of services by such employees.

Section 3 – Bargaining During the Agreement

Each of the parties to this Agreement acknowledges that during the Collective Bargaining process that preceded the execution of this Agreement, they each had free opportunity to present any and all matters to be raised in the Collective Bargaining process.

Section 4 – Waiver

Failure of either party to this agreement to exercise its right or obligations hereunder, at any one time, shall not be deemed waiver of the right of such party to exercise such rights or obligations in the future.

Section 5 – Amendment to this Agreement

This agreement may only be amended by a written instrument executed by the duly authorized representative of both parties thereto.

Section 6 – Discrimination

No teacher shall be discriminated against in any manner by reason of their membership or participation, or non-membership or non-participation in the activities of the Gardner Education Association.

Section 7 – Negotiations and Grievance Sessions

Negotiations and Grievance sessions will not be held during school hours to the extent this is practicable.   If Negotiations and Grievance sessions are held during a regular school day, such members of the Gardner Education Association as are required to attend, will be paid their regular pay during the regular school day.

Section 8 – Severability Clause

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

Section 9 – Non-Teaching Duties

The parties agree that teachers should not be required to perform the following non-teacher duties:

1.      Collecting money from students for private enterprises.   Although teachers may be required to collect and transmit the money to be used for educational purposes, they will not be required to tabulate or account for such money.

2.      No registers.

3.      Teachers in the elementary schools shall not be required to perform the following duties:

a.      Before school duty

b.      Lavatory Duty

c.      Recess duty except in the case of an emergency as determined by the Superintendent.   The teachers have the right to file a grievance if they do not agree that the situation constitutes an emergency.

d.      Bus duty extending beyond the mutually agreed upon teacher dismissal time.

Section 10 – Teacher Facilities

The COMMITTEE shall make a reasonable endeavor to have the following facilities available in each school.

1.      Space in each classroom in which teachers may safely store instructional material and supplies.

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

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

4.      To the extent possible, a communication system so that the teachers can communicate with the Main Building Office from their classroom.

5.      Well-lighted and clean rest room facilities for teachers.

6.      A separate dining area for the exclusive use of teachers.

7.      An adequate portion of the parking lot available at the school for teacher parking.

Provisions of this paragraph shall not be subject to the Grievance and Arbitration procedures provided in this agreement.

Section 11 – Grant Writing

A person writing a grant will have a letter of commendation placed in his or her file.

Section 12 – Longevity

Effective June 2013, longevity will be paid in accordance with the following schedule:

After 5 years of service in a role covered by this bargaining unit   $250

After 10 years of service in a role covered by this bargaining unit   $750

After 15 years of service in a role covered by this bargaining unit   $1250

After 20 years of service in a role covered by this bargaining unit   $1750

After 25 years of service in a role covered by this bargaining unit   $2250

After 30 years of service in a role covered by this bargaining unit   $2750

After 35 years of service in a role covered by this bargaining unit   $3250

The determination date to be used is the last day of the school year.   A lump sum payment will be made at the end of the school year.   Notice of a teacher’s longevity eligibility amount will be given in June along with a copy of the above longevity amounts listed in the contract.

Section 13 – Home Tutoring Rate

Home tutoring will be at the rate of fifty dollars ($50.00) per hour.

Section 14 – Mileage Reimbursement

Approved mileage will be reimbursed at IRS rate.

Section 15 – School Choice

Children of the members of this collective bargaining unit will be given priority under the School Choice program to attend Gardner schools in grades 1-12.

Article XXI – Duration

This Agreement and its provisions shall be effective from July 1, 2012 and shall remain in full force and effective up to and including June 30, 2015 provided, however, that either party may, upon or before the first day of February 2015, give written notice of its desire to modify or terminate this agreement prior to July 2015.

Either party may terminate this Agreement by such notice as described above any time following the termination date set forth above by written notice to the other.

IN WITNESS HEREOF, the parties hereto cause this instrument to be signed and delivered by their duly authorized representatives on this ________________ day of ______________________ 2013.

Voted and approved by the Gardner School Committee on July 31, 2012,   October 9, 2012 and March 11, 2013.

CITY OF GARDNER SCHOOL COMMITTEE

by: _____________________________________

Mark P. Hawke, Chairman

GARDNER EDUCATION ASSOCIATION

by: ___________________________________

______________________________________

by: ___________________________________

_____________________________________

SCHOOL COMMITTEE

______________________________________         ____________________________________

James Boone, Vice Chair                                              Carol Bailey, Member

______________________________________          ____________________________________

Paul Tassone, Member                                                   Melody Phelps, Member

______________________________________          ____________________________________

Matthew Vance, Member                                                 John LaFreniere, Member

Appendix A - Evaluation Criteria and Performance

Standards

Gardner Public Schools

Educator Evaluation System

Table of Contents

(1)    Purpose of Educator Evaluation

(2)    Definitions

(3)   Evidence Used in Evaluation

(4)    Rubric

(5)    Evaluation Cycle: Training

(6)    Evaluation Cycle: 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

A)        The Gardner School Committee and the Gardner Education Association agree to place all teachers who are currently in good standing (i.e. not on an improvement plan) at the “Proficient” level as of the beginning of this agreement for the 2012-2013 school year.

All teachers who are currently on an improvement plan will be placed at the “Needs Improvement” level as of the beginning of this agreement for the 2012-2013 school year.   These teachers will continue to fulfill the terms and conditions of their improvement plans for the remainder of the 2012-2013 school year and a determination of appropriate future placement into the new evaluation system levels will be made at the end of the 2012-2013 school year.

B)       For year #1 (2012-2013) of the new Educator Evaluation System, those teachers to be evaluated using the new system will be determined as follows:

Each principal will determine the number of faculty members to be evaluated in his/her building.   Then each principal will determine the number of non-professional status teachers (NPTS) included in that number.   The NPTS will automatically be included under the new evaluation system in year one.   Principals will then determine (alphabetically) the additional number of educators with professional status (PTS) needed to get to a total of ½ of all faculty members in the building.   However, the principal, in determining the number of PST to get to ½ of the faculty, will exclude for 2012-2013 those PST who were evaluated during the 2011-2012 school year.   The final group of NPST and PTS as determined using this method will comprise the group to be evaluated using the new evaluation system in year one (2012-2013).

C)        Upon receiving the list of Evaluators assigned to evaluate Educators, an Educator may, within 10 school days or receipt of the list, request that the Evaluator be changed.   Such request will be given consideration by the Evaluator or Principal.

D)        When considering growth as a measure of student performance, student attendance will be part of the metric, as bargained by the parties.

E)        When looking at trends, as defined in this document, at least two years of data will be utilized for State measures.   For local measures, the number of years of data will be as bargained by the parties.

F)         Whenever possible, Evaluators will conduct repeated observations of an Educator at different times during the school day.

G)        The parties agree to adopt the DESE developed rubrics and model forms for use in the evaluation process.

H)       Whenever possible, Evaluators will conduct repeated observations of an Educator at different times during the school day.

I)         The parties agree to adopt the DESE developed rubrics and model forms for use in the evaluation process.

J)        The parties agree to review this Evaluation Procedure each year, and the review will occur by June 1st of each year.   The review will include not only language but the rubrics and forms as well.

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.15OE; the Educator Evaluation regulations, 603 CMR 3 5.00 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 (* indicates definition is generally based on 603 CMR 35.02)

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

B)   Assessment of Student Learning, Growth and Achievement: Any demonstration of student knowledge and skill attainment, which may include, but is not limited to, informal checks of student understanding, running records, demonstrations of knowledge and/or skills, presentations, performances, projects, experiments, tests, quizzes, reports, essays, and portfolios.

C)        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, occupational or physical therapists, and some reading specialists and special education teachers.

D)        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.

E)        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 durations that provide feedback to the educator; and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03).

F)         *District-determined Measures: Measures of student learning, growth and achievement related to the Massachusetts Curriculum Frameworks, or other relevant frameworks that are 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.

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

H)       *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 an 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, see Ch.71, sec.41 for definition); or, at the discretion of an Evaluator, for an Educator with PTS in a new assignment. 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.

ii)    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.

iii) Improvement Plan shall mean a plan developed by the Evaluator of 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.

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

J)        *Evaluation: The ongoing process of defining goals and identifying, gathering, and using evidence 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").

K)       *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 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 Principal 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 predominant 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.

L)        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.

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

N)       *Family: Includes parents, legal guardians, foster parents, or primary caregivers.

O)       *Formative Assessment: The process used to assess progress toward 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.

P)        *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 toward attaining the goals set forth in the Educator Plan, performance on Standards and Indicators of Effective Teaching Practice, or both.

Q)       *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.   The     term Team shall mean Elementary Grade Level Teams, Specialist Teams, Middle School Teams, High School Departments, Vertical Teams, Content Area Teams, or other Teams not specifically defined in this list.   The Team working together will be identified at the time of the goal-setting process.

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

S)        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 DESE guidance.

T)       New Assignment: An Educator with PTS shall be considered in a new assignment when teaching under a different license.

U)       *Observation: A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of any duration by the Evaluator and may include examination of artifacts of practice, including student work. Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator.

V)       Parties: The Gardner Education Association and the Gardner School Committee are parties to this agreement.

W)      *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.

X)       *Performance Standards: Locally developed standards and indicators pursuant to MGL 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 CMR35.03.

Y)       *Professional Teacher Status: PTS is the status granted to an Educator pursuant to MGL c. 71, § 41.

Z)        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.

AA)        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’s 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)

BB)     *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. The rubric consists of:

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

CC)     *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.

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

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

FF)      *Trends in student learning: At least two years of data from the 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 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 are 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 as bargained by the parties. The measures 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.

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 toward 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 ESE.

5)   Evaluation Cycle: Training

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

B)        By November 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 three 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.

C)        At the start of each school year, an overview of the following will be provided: the evaluation process, including goal setting and educator plans and directions for obtaining copies of the forms used.

6)   Evaluation Cycle: Orientation

A)       Prior to the start of the evaluation process, the superintendent, principal or designee shall provide training for Evaluators and Educators on educator evaluation. The superintendent, principal, or designee shall:

i)      Provide an overview of the evaluation process.

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

7)   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 31st or within four weeks of the start of their employment at the school.

ii)    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 and rating 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 or enhancing 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.

ii)    For Educators in their first year of practice or first year in the Gardner Public Schools, the Evaluator or his/her designee will meet with each Educator within four weeks from start date as a teacher to assist the Educator in completing the self-assessment and drafting the professional practice and student learning goals which must be directly related to induction and mentoring activities.

iii)  Unless the Evaluator indicates that Educators in their 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, 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 area team goals.

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

A)        Every Educator has an Educator Plan that includes at least one goal related to the improvement of practice and 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.

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.

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

i)      Educators must meet with the Evaluator by the end of the previous evaluation cycle or by October 15th of the next academic year to develop their Educator Plan.

ii)    For those Educators new to the school, the meeting must occur within six weeks of date of hire.

iii) The Evaluator shall meet individually with Educators with PTS and ratings of needs improvement or unsatisfactory to develop goals.

D)       The Evaluator completes the Educator Plan by November 1st.   The Educator signs the Educator Plan within 5 school days of receipt and may include a written response. The Evaluator retains final authority over the content of the Educator’s Plan.

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

A)        In the first year of practice:

i)    The Educator shall have at least one (1) announced observation during the school year using the protocol described in section 11B, below.

ii)  The Educator shall have at least four (4) unannounced observations during the school year.

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

i)      The Educator shall have at least three (3) unannounced observations during the school year.

10)   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 the evaluation cycle.   At least one of the observations will be a minimum of thirty minutes in duration unless an emergency occurs to prevent this.   If an emergency occurs to prevent this, the Evaluator and Educator must mutually agree that the observation will be fewer than thirty minutes.

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 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. In no case shall there be fewer than one announced and four unannounced observations.

11)    Observations

The Evaluator’s first observation of the Educator should take place by November 15th. Observations should be completed by May 15th.   The Evaluator is not required nor expected to review all of the indicators in a rubric during an observation.   The evaluation form will be utilized for all staff members covered by the collective bargaining agreement.   Itinerant staff will be evaluated by the Evaluator in the building where they spend the greatest portion of time.   However, the Evaluator in any other building where itinerant staff work will be able to add comments and will also sign the evaluation.

A)        Unannounced Observations

i)      Unannounced observations may be in the form of partial or full-period classroom visitations. For teachers with PTS, at least one of the observations will be a minimum of thirty minutes in duration unless an emergency occurs to prevent this.   If an emergency occurs to prevent this, the Evaluator and Educator must mutually agree that the observation will be fewer than thirty minutes.

ii)    The Educator will be provided with at least brief written feedback from the Evaluator within 5 school days from the observation.

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 observation of at least thirty minutes in duration within thirty school days.

B)  Announced Observations

i)      All non-PTS Educators in their first year, 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 will discuss with the Educator any specific goal(s) for the observation.

(b) Within five (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 of either party.

(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 his/her improvement.

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

12)     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 and 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 place 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.

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

D)        Within two weeks prior to 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 performance relevant to the four Performance Standards.

E)        Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either prior to 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 to the Educator.

G)       The Educator may reply in writing to the Formative Assessment report within 5 school days of receiving the report.

H)       The Educator shall sign the Formative Assessment report within 5 school days of receiving the report.

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.

13)      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 Principal 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 toward attaining the goals set forth in the Educator Plan, performance on each performance standard and overall, or both.

C)        Within two weeks prior to 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 Assessment reports must be signed by the Evaluator.

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

F)         The Educator may reply in writing to the Formative Evaluation report within 5 school days of receiving the report.

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

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

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.

14)      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 completed by May 15th.

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 Evaluators’ 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)        Within two weeks prior to the due date for the Summative Evaluation report, which due date shall be established by the Evaluator 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 complete the Summative Evaluation report and provide a copy to the Educator no later than May 15th.

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

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 10th.

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 l5th. 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.

15)  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.

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

i)      At least one goal related to improvement or enhancement 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, including 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; and Action plan with benchmarks for goals established in the Plan.

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.

16)   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 assignment.

B)        The Educator shall be evaluated at least annually.

17)   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.

18)       Educator Plans: Directed Growth Plan

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

B)        The length of the Plan shall be one full school year cycle.

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

D)        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 May 15th. A decision on the Educator’s status must be made no later than June 1st of the year in which the Educator is on the Directed Growth Plan.

E)        For an Educator on a Directed Growth Plan whose overall performance rating is at least proficient, he/she shall be placed on a Self-Directed Growth plan for the next evaluation cycle.

F)         For an Educator whose overall performance 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.

19)   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 of 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 10 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, which will include the provision of specific assistance to the Educator.

ii)    The Educator may request that a representative of the Association attend the meeting(s).

iii) If the Educator consents, The Association shall be informed that the 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 approved Plan shall be provided to the Educator. The Educator must sign the plan.

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 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 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 15

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

November1

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)

January 5*

*or four weeks before formative assessment report date established by Evaluator

 

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)

April 20*

*or 4 weeks prior to Summative Evaluation Report date established by evaluator

 

Evaluator completes Summative Evaluation Report

May 15

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

June 1

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

June 10

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

June 15

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.

22) Rating Impact on Student Learning Growth

The Rating Impact on Student Learning Growth based on District-determined measures of student learning, growth and achievement will be discussed pursuant to ESE guidance.

23) Using Student Feedback in Educator Evaluation

Using Student feedback in Educator Evaluation is to be discussed pursuant to ESE guidance.

24) Using Staff Feedback in Administrator Evaluation

Using Staff feedback in Administrator Evaluations is to be discussed pursuant to ESE guidance.

25) Transition from Existing Evaluation System See page 1.

26) General Provisions

A)       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.

Overview of Forms

The forms included in this Appendix are suggested templates, provided as tools to support educators and evaluators as they implement the new educator evaluation framework. For ail of these forms, additional-pages may be attached as needed.

•    Educator Tracking Sheet. This form is intended to be used to track the completion of each step throughout the educator's evaluation process. It will be completed by the educator in conjunction with his/her primary (and possibly supervising) evaluator.

•    Self-Assessment Form. This form is intended to be used in support of Step 1: Self-Assessment, the educator's initial step of the cycle. The form can be used by individuals or teams; however, each individual will need to submit a self-assessment. Evaluators sign the form to indicate receipt. The form includes sections for the educator to complete an analysis of student learning, growth, and achievement and an assessment of practice against performance standards. Submission of this form will be noted and initialed on the Educator Tracking Sheet.

•    Goal Setting Form. This form is intended to be used in support of Step 1: Self-Assessment and Step 2: Goal Setting and Plan Development. Individuals and teams may use this form to propose goals (a minimum of one student learning goal and one professional practice goal). The form should initially be submitted with the Self-Assessment Form with the box "Proposed Goals" checked. If the goals are approved as written, the evaluator will check the box "Final Goals" and include a copy of the form with the Educator Plan Form. If the goals undergo further refinement, edits may be made to the original, or the form may be rewritten. If the form is redone, the new form should have the box "Final Goals" checked and should then be attached to the Educator Plan Form. Submission of this form will be noted and initialed on the Educator Tracking Sheet.

•      Educator Plan Form. This form is intended to be used in support of Step 2: Goal Setting and Plan Development. It will either be completed by the educator for a Self^Directed Growth Plan, by the educator and the evaluator together for a Directed Growth Plan and a Developing Educator Plan, and by the evaluator for an Improvement Plan. Completion and/or submission of this form will be noted and initialed on the Educator Tracking Sheet.

•     Evaluator Record of Evidence Form. This form is intended to be used by the evaluator in gathering evidence of an educator's practice during Step 3: Implementation of the Plan. It will be completed by the evaluator and may be reviewed by the educator at any time.

•      Educator Collection of Evidence Form, This form is intended to be used to support the educator in collecting evidence of his/her practice. It will be completed by the educator and shared with the evaluator prior to Formative Assessment/Evaluation and Summative

•      Formative Assessment Report Form. This form is intended to be used in support of an educator's formative assessment (Step 4) at the mid-point of the evaluation cycle, at minimum; it can be used multiple times as Formative Assessment can be ongoing. It will be completed by   the evaluator.      Evaluators are not required to assess both progress toward goals and performance on Standards; they will check off whether they are evaluating "Progress toward Attaining Goals," "Performance on each Standard," or both. Evaluators will provide a brief narrative of progress that includes feedback for improvement. Educators sign off to indicate that they have received a copy of the report and may use the Educator Response Form to provide a written response. Completion of this form will be noted and initialed on the Educator Tracking Sheet.

•        Formative Evaluation Report Form. This form is intended to be used in support of an educator's formative evaluation at the end of year one of a two-year Self-Directed Growtti Plan. It will be completed by the evaluator. Evaluators are not required to assess both progress toward goals and performance on Standards; they will check off whether they are evaluating "Progress toward Attaining Goals," "Performance on each Standard," or both. Evaluators will provide a brief narrative of progress that includes feedback for improvement. At the point of Formative Evaluation, the overall rating is assumed to be the same as the prior summative evaluation unless evidence demonstrates a significant change in performance leading to a change in Overall Rating and, possibly, Educator Plan. If there is a change in rating, evaluators must provide comments on each of the four Standards briefly describing why the rating has changed, the evidence that led to a change in rating, and offering feedback for Improvement (evaluators are encouraged to provide comments even if there is no change to ensure that educators have a clear sense of their progress and performance and receive feedback for improvement). Educators sign off to indicate that they have received a copy of the report and may use the Educator Response Form to provide a written response. Completion of this form will be noted and initialed on the Educator Tracking Sheet.

•        Summative Evaluation Report Form. This form is intended to be used for Step 5: Summative Evaluation. This form applies to all Educator Plans. It will be completed by the evaluator. The evaluator must complete all sections, which are: "Attainment of Student Learning Goal(s)," "Attainment of Professional Practice Goal(s), "Rating on each Standard," "Overall Performance Rating," and "Plan Moving Forward." Evaluators must provide comments on the student learning goal(s), professional practice goal(s), each of the four Standards, and the overall rating briefly describing the level of attainment or performance rating, the evidence that led to the level of attainment/rating, and offering feedback for Improvement Educators sign off to indicate that they have received a copy of the report and may use the Educator Response Form to provide a written response. Completion of this form will-be noted and initialed on the Educator Tracking Sheet.

•      Educator Response Form. This form is intended to be used in support of the educator, should he/she want to have a formal response to any part of the evaluation process kept on record. It will be completed by the educator; the evaluator will sign to acknowledge receipt. If the form is submitted in response to the Formative Assessment/Evaluation or to the Summative Evaluation, receipt of the response will also be noted and initialed on the Educator Tracking Sheet.

Massachusetts Department of

ELEMENTRY & SECONDARY

EDUCATION

Self-Assessment Form Sheet

Educator—Name/Title:__________________________________________________________________

Primary Evaluator—Name/Title: __________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: ___________________________________

______________________________________________________________________________________

School(s): ____________________________________________________________________________

Educator Plan:     [   ] Self-Directed Growth Plan        [   ]  Directed Growth Plan

[] Developing Educator Plan        [   ] Improvement Plan

Plan Duration:      [   ] 2-Year             [   ] One-Year      [   ] Less than a year

Evaluation Step

Date(s)

Educator Initials

Evaluator(s) Initials

Self-Assessment received by evaluator

__________

__________

__________

Educator Plan development completed

__________

__________

__________

[] Formative Assessment conference, if any1

__________

__________

__________

[] Formative Evaluation conference, if any 2

__________

__________

__________

[] Formative Assessment Report completed

__________

__________

__________

[] Formative Evaluation Report completed 3

__________

__________

__________

Educator response, if any, received by evaluator4

__________

__________

__________

Summative Evaluation conference, if any

__________

__________

__________

Summative Evaluation Report completed

__________

__________

__________

Educator response, if any, received by evaluator

__________

__________

__________

______________________________________________________________________________________

1 As per the Massachusetts Model System for Educator Evaluation Contract Language, evaluation conferences are required for ratings of Needs Improvement and Unsatisfactory but conferences may be requested by either the educator or evaluator for any Educator Plan. The conference may occur before or after the Report is completed; the sequence in the above table does not denote required chronological order.

2 Formative Evaluation only occurs at the end of the first year of a two-year Self-Directed Growth Plan.

3 The educator’s formative evaluation rating at the end of the first year of the two-year cycle shall be the same as the previous summative rating unless evidence demonstrates a significant change in performance. In such a case, the rating on the formative evaluation may change. Assigning ratings is optional during Formative Assessment.

4 An educator may provide written comments to the evaluator at any time using the Educator Response Form but 603 CMR 35.06 ensures that educators have an opportunity to respond to the Formative Assessment, Formative Evaluation, and Summative Evaluation in writing.

____________________________________________________________________________________

Educator—Name/Title:_________________________________________________________________

Primary Evaluator—Name/Title: _________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: __________________________________

____________________________________________________________________________________

School(s): ___________________________________________________________________________

Part 1: Analysis of Student Learning, Growth, and Achievement

Briefly summarize areas of strength and high-priority concerns for students under your responsibility for the upcoming school year.   Cite evidence such as results from available assessments. This form should be individually submitted by educator, but Part 1 can also be used by individuals and/or teams who jointly review and analyze student data.

603 CMR 35.06 (2)(a)1

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Team, if applicable:_____________________________________________________________________

List Team Members below:

____________________________________                           _________________________________

____________________________________                           _________________________________

____________________________________                           _________________________________

Self-Assessment Form

Massachusetts Department of

ELEMENTRY & SECONDARY

EDUCATION

Educator—Name/Title: _______________________________________________________________

Part 2: Assessment of Practice Against Performance Standards

Citing your district’s performance rubric, briefly summarize areas of strength and high-priority areas for growth. Areas may target specific Standards, Indicators, or Elements, or span multiple Indicators or Elements within or across Standards.  The form should be individually submitted by educator, but Part 2 can also be used by teams in preparation for proposing team goals.

603 CMR 35.06 (2)(a)2

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Team, if applicable:_____________________________________________________________________

List Team Members below:

____________________________________                           _________________________________

____________________________________                           _________________________________

____________________________________                           _________________________________

Signature of Educator___________________                          Date_____________________________

Signature of Evaluator___________________                         Date_____________________________

* The evaluator’s signature indicates that he or she has received a copy of the self-assessment form and the goal setting form with proposed goals. It does not denote approval of the goals.

Massachusetts Department of

ELEMENTRY & SECONDARY

EDUCATION

Goal Setting Form

Educator—Name/Title:   ____________________________________________________________

Primary Evaluator—Name/Title: _____________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: _____________________________

________________________________________________________________________________

School(s): _______________________________________________________________________

Check all that apply1:      [   ] Proposed Goals       [   ]  Final Goals        Date: ____________________

A minimum of one student learning goal and one professional practice goal are required. Team goals must be considered per 603 CMR 35.06(3)(b). Attach pages as needed for additional goals or revisions made to proposed goals during the development of the Educator Plan.

Student Learning SMART Goal

Professional Practice SMART Goal

Check whether goal is individual or team; write team name if applicable.

Check whether goal is individual or team; write team name if applicable.

[] Individual

[] Individual

[] Team:

[] Team:

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

SMART: S=Specific and Strategic; M=Measurable; A=Action Oriented; R=Rigorous, Realistic, and Results-Focused; T=Timed and Tracked

________________________________________________________________________________

1 If proposed goals change during Plan Development, edits may be recorded directly on original sheet or revised goal may be recorded on a new sheet. If proposed goals are approved as written, a separate sheet is not required

____________________________________________________________________________________

Massachusetts Department of

ELEMENTRY & SECONDARY

EDUCATION

Educator Plan Form

Educator—Name/Title:__________________________________________________________________

Primary Evaluator—Name/Title: ___________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: :___________________________________

___________________________________________________________________________________

School(s): __________________________________________________________________________

Educator Plan:     [   ] Self-Directed Growth Plan        [   ] Directed Growth Plan

[] Developing Educator Plan        [   ] Improvement Plan

Plan Duration:      [   ] 2-Year             [   ] One-Year         [   ] Less than a year

Start Date:____________________________                 End Date :___________________________

[]   Goal Setting Form with final goals is attached to the Educate Plan.

Some activities may apply to the pursuit of multiple goals or types of goals (student learning or professional practice). Attach additional pages as necessary.

Student Learning Goal(s): Planned Activities

Describe actions the educator will take to attain the student learning goal(s). Activities may apply to individual and/or team. Attach additional pages as needed.

Action

Supports/Resources from School/District1

Timeline or Frequency

_____________________________

________________________

________________________

_____________________________

_________________________

________________________

_____________________________

________________________

________________________

_____________________________

________________________

________________________

_____________________________

________________________

________________________

_____________________________

________________________

________________________

_____________________________

________________________

________________________

____________________________

________________________

________________________

*Additional detail may be attached if needed

Educator—Name/Title:________________________________________________________________

Professional Practice Goal(s): Planned Activities

Describe actions the educator will take to attain the professional practice goal(s). Activities may apply to individual and/or team. Attach additional pages as needed.

Action

Supports/Resources from School/District1

Timeline or Frequency

_____________________________

________________________

________________________

_____________________________

_________________________

________________________

_____________________________

________________________

________________________

_____________________________

________________________

________________________

_____________________________

________________________

________________________

_____________________________

________________________

________________________

_____________________________

________________________

________________________

This Educator Plan is “designed to provide educators with feedback for improvement, professional growth, and leadership,” is “aligned to statewide Standards and Indicators in 603 CMR 35.00 and local Performance Standards,” and “is consistent with district and school goals.”   (see 603 CMR 35.06 (3)(d) and 603 CMR 35.06(3)(f).)

Signature of Evaluator_________________________                  Date_______________________

Signature of Educator _________________________                  Date________________________

* As the evaluator retains final authority over goals to be included in an educator’s plan (see 603 CMR 35.06(3)(c)), the signature of the educator indicates that he or she has received the Goal Setting Form with the “Final Goal” box checked, indicating the evaluator’s approval of the goals. The educator’s signature does not necessarily denote agreement with the goals. Regardless of agreement with the final goals, signature indicates recognition that “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.” (see 603 CMR 35.06(4))

__________________________________________________________________________________

1 Must identify means for educator to receive feedback for improvement per 603 CMR 35.06(3)(d)

_________________________________________________________________________________

Massachusetts Department of

ELEMENTRY & SECONDARY

EDUCATION

Evaluator Record of Evidence Form

Educator—Name/Title:________________________________________________________________

Primary Evaluator—Name/Title: _________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: :___________________________________

_____________________________________________________________________________________

School(s): __________________________________________

Academic Year:_____________________                  Educator Plan and Duration:________________

Standards and Indicators for Effective Teaching Practice: Rubric Outline as per 603 CMR 35.03

The evaluator should track collection to ensure that sufficient evidence has been gathered.

I. Curriculum, Planning, & Assessment

II. Teaching All Students

III. Family & Community Engagement

IV. Professional Culture

[…] I-A. Curriculum and Planning

[…] II-A. Instruction

[…] III-A.   Engagement

[   ] IV-A. Reflection

[…] I-B.   Assessment

[…] II-B.   Learning Environment

[…] III-B.   Collaboration

[…] IV-B.   Professional Growth

[…] I-C. Analysis

[…] II-C.   Cultural Proficiency

[…] III-C.   Communication

[…] IV-C.   Collaboration

 

II-D. Expectations

 

IV-D. Decision-making

 

 

 

IV-E.   Shared Responsibility

 

 

 

IV-F.   Professional Responsibilities

* The Rubric Outline is intended to be used for citing Standards and Indicators. Evaluators should  review the full rubric for analysis of  evidence and determination of rating

Educator:__________________________                    Evaluator:___________________________

Date

Source of  Evidence

Standard(s)/ Indicator(s)

Analysis of Evidence

Feedback Provided

(Record date of collection, duration if applicable)

* (e.g., parent conference, observation)

Note Standard(s) and Indicator(s) to which evidence is tied

Record notes "based on observations and artifacts of professional practice, including unannounced observations of practice of any duration” or other forms of evidence to support determining ratings on Standards as per 603 CMR 35.07

Briefly record feedback given to educator (e.g., strengths recognized, suggestions for improvement)

EX: 11/8/11

EX: unit plans, benchmark data

EX: I-B

EX: unit plans were appropriately modified after analysis of benchmark data to better reflect student performance at mid-point of semester

EX: recognized strong adjustment to practice, suggested teacher collaborate with team on backward curriculum mapping

_____

______

________

_________________________________

___________________

_____

______

________

_________________________________

___________________

_____

______

________

_________________________________

___________________

_____

______

________

_________________________________

___________________

 *note if classroom observations are announced or unannounced

Massachusetts Department of

ELEMENTRY & SECONDARY

EDUCATION

Evaluator Collection of Evidence Form

Educator—Name/Title:_________________________________________________________________

Primary Evaluator—Name/Title: ___________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: :___________________________________

_____________________________________________________________________________________

School(s): ___________________________________________________________________________

Evidence pertains to (check all that apply)1:

[   ] Fulfillment of professional responsibilities and growth

[   ] Evidence of outreach to and ongoing engagement with families

[   ] Progress toward attaining student learning goal(s)

[   ] Progress toward attaining professional practice goal(s)

[   ] Other:________________________________________________________________________

Summary of Evidence

Summarize the evidence compiled to be presented to evaluator with a brief analysis.  Attach additional pages as needed.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Signature of Educator___________________                                  Date____________________

Signature of Evaluator___________________                                 Date____________________

_____________________________________________________________________________________

1 Per 603 CMR 35.07(1)(c)1, “Evidence compiled and presented by the educator includes]: 1. Evidence of fulfillment of professional responsibilities and growth, such as: self-assessments; peer collaboration; professional development linked to goals and or educator plans; contributions to the school community and professional culture; 2. Evidence of active outreach to and ongoing engagement with families.” However, educator collection of evidence is not limited to these areas.

_____________________________________________________________________________________

Massachusetts Department of

ELEMENTRY & SECONDARY

EDUCATION

Formative Evaluation Report Form

 [   ] Attachment(s) included

Educator—Name/Title:______________________________________________________________

Primary Evaluator—Name/Title: ________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: :___________________________________

______________________________________________________________________________________

School(s): ___________________________________________________________________________

Assessing1:

[   ] Progress toward attaining goals        [   ] Performance on Standards        [   ] Both

Progress Toward Student Learning Goal(s)

Describe current level of progress and feedback for improvement. Attach additional pages as needed.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Progress Toward Professional Practice Goal(s)

Describe current level of progress. Attach additional pages as needed.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

1 As per 603 CMR 35.02 and 603 CMR 35.06(5), formative assessment shall mean the process used to assess progress towards attaining goals set forth in educator plans, performance on performance standards, or both.

_____________________________________________________________________________________

Massachusetts Department of

ELEMENTRY & SECONDARY

EDUCATION

Formative Assessment Report Form

Educator—Name/Title:_____________________________________________________________

Performance on Each Standard

Describe performance and feedback for improvement. Attach additional pages as needed.

I: Curriculum, Planning, & Assessment

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

II: Teaching All Students

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

III: Family & Community Engagement

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

IV: Professional Culture

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

The educator shall have the opportunity to respond in writing to the formative assessment as per 603 CMR 35.06(5)(c) on the Educator Response Form.

Signature of Evaluator ________________                               Date Completed:___________________

Signature of Educator* ________________                              Date Received: ___________________

*  Signature of the educator indicates acknowledgement of this report; it does not necessarily denote agreement with the contents of the report. Educators have the opportunity to respond to this report in writing and may use the Educator Report Form.

* For educators on two-year Self-Directed Growth Plans at the end of Year One of the cycle Educator—

Educator—Name/Title:_________________________________________________________________

Primary Evaluator—Name/Title: __________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: :___________________________________

______________________________________________________________________________________

School(s): ____________________________________________________________________________

Assessing1:

[   ] Progress toward attaining goals                 [   ] Performance on Standards                           [   ] Both

Progress Toward Student Learning Goal(s)

Attach additional pages as needed.

[   ] Did not meet     [   ] Some progress    [   ] Significant       [   ] Met      [   ] Exceeded

Progress

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Progress Toward Professional Practice Goal(s)

Attach additional pages as needed.

[   ] Did not meet     [   ] Some progress    [   ] Significant       [   ] Met      [   ] Exceeded

Progress

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Educator—Name/Title:__________________________________________

[   ] Evaluator is assigning same ratings as prior Summative Evaluation; no comments needed

[   ] Evaluator is assigning ratings that differ from prior Summative Evaluation; comments are required

Rating on Each Standard

I: Curriculum, Planning, & Assessment 

[   ]   Unsatisfactory   [   ]  Needs Improvement   [   ]  Proficient   [   ]  Exemplary

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

II:   Teaching All Students        

[   ]   Unsatisfactory   [   ]  Needs Improvement   [   ]  Proficient   [   ]  Exemplary

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

III:   Family/Community Engagement 

[   ]   Unsatisfactory   [   ]  Needs Improvement   [   ]  Proficient   [   ]  Exemplary

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

IV:   Professional Culture Engagement      

 [   ]   Unsatisfactory   [   ]  Needs Improvement   [   ]  Proficient   [   ]  Exemplary

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Educator—Name/Title:_________________________________________________________________

[   ] Evaluator is assigning same ratings as prior Summative Evaluation; no comments needed

[   ] Evaluator is assigning ratings that differ from prior Summative Evaluation; comments required

Overall Performance Rating

[   ]   Unsatisfactory   [   ]  Needs Improvement   [   ]  Proficient   [   ]  Exemplary

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Plan Moving Forward

[   ] Self-Directed Growth Plan                      

[   ] Directed  Growth Plan

 [   ]  Improvement  Plan                               

 [   ] Developing Educator Plan

The educator shall have the opportunity to respond in writing to the formative evaluation as per 603 CMR 35.06(5)(c) on the Educator Response Form.

Signature of Evaluator ______________________                   Date Completed: ___________________

Signature of Educator* ______________________                  Date Received: ______________________

* Signature of the educator indicates acknowledgement of this report; it does not necessarily denote agreement with the contents of the report. Educators have the opportunity to respond to this report in writing and may use the Educator Report Form.

Massachusetts Department of

ELEMENTRY & SECONDARY

EDUCATION

Summative Evaluation Report Form

Educator—Name/Title:________________________________________________________________

Primary Evaluator—Name/Title: __________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: :___________________________________

_____________________________________________________________________________________

School(s): _____________________________________________________________________________

Current Plan:

[…] Self-Directed Growth Plan                 [   ] Directed Growth Plan

 […] Developing Educator Plan                [   ] Improvement Plan

Progress Toward Student Learning Goal(s)

Attach additional pages as needed.

[   ] Did not meet      [   ] Some progress       [   ] Significant         [   ] Met      [   ] Exceeded

Progress

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Progress Toward Professional Practice Goal(s)

Attach additional pages as needed.

[   ] Did not meet      [   ] Some progress       [   ] Significant         [   ] Met      [   ] Exceeded

Progress

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Educator—Name/Title:_________________________________________________________________

Rating on Each Standard

I: Curriculum, Planning, & Assessment   

[   ]   Unsatisfactory   [   ]  Needs Improvement   [   ]  Proficient   [   ]  Exemplary

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

II:   Teaching All Students     

[   ]   Unsatisfactory   [   ]  Needs Improvement   [   ]  Proficient   [   ]  Exemplary

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

III:   Family/Community Engagement   

[   ]   Unsatisfactory   [   ]  Needs Improvement   [   ]  Proficient   [   ]  Exemplary

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

IV:   Professional Culture    

[   ]   Unsatisfactory   [   ]  Needs Improvement   [   ]  Proficient   [   ]  Exemplary

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Educator—Name/Title:__________________________________________

Overall Performance Rating

[   ]   Unsatisfactory   [   ]  Needs Improvement   [   ]  Proficient   [   ]  Exemplary

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Plan Moving Forward

[   ] Self-Directed Growth Plan                         

[   ] Directed Growth Plan                                  

[   ] Improvement Plan          

[   ] Developing Educator Plan

The educator shall have the opportunity to respond in writing to the summative evaluation as per 603 CMR 35.06(6) on the Educator Response Form.

Signature of Evaluator ______________________                   Date Completed: ___________________

Signature of Educator* ______________________                  Date Received: ______________________

* Signature of the educator indicates acknowledgement of this report; it does not necessarily denote agreement with the contents of the report. Educators have the opportunity to respond to this report in writing and may use the Educator Report Form.

Massachusetts Department of

ELEMENTRY & SECONDARY

EDUCATION

Educator Response Form

Educator—Name/Title:__________________________________________________________

Primary Evaluator—Name/Title: _____________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: :___________________________________

_____________________________________________________________________________________

School(s): _____________________________________________________________________________

Response to: (check all that apply)

[   ] Educator Plan, including goals and activities

[   ]  Evaluator collection and/or analysis of evidence

[   ] Formative Assessment or Evaluation Report

[   ]  Summative Evaluation Report

[   ] Other:_____________________________

Educator Response

Attach additional pages as needed

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Signature of Educator___________________                                Date________

Signature of Evaluator___________________                               Date_________

Massachusetts Model System for Educator Evaluation

Part III: Guide to Rubrics and Model Rubrics

for Superintendent, Administrator, and Teacher

Appendix C. Teacher Rubric

January 2012

Massachusetts Department of Elementary and Secondary Education

75 Pleasant Street, Malden, MA 02148-4906

Phone 781-338-3000 TTY: N.E.T. Relay 800-439-2370

www.doe.mass.edu

Teacher Rubric At-A-Glance

Rubrics - defined in the regulations as “scoring tool[s] that describe characteristics of practice or artifacts at different levels of performance” (603 CMR 35.02) - are a critical component of the Massachusetts educator evaluation framework and are required for every educator. Rubrics are designed to help educators and evaluators (1) develop a consistent, shared understanding of what proficient performance looks like in practice, (2) develop a common terminology and structure to organize evidence, and (3) make informed professional judgments about formative and summative performance ratings on each Standard and overall. This appendix contains the ESE Model Teacher Rubric.

Structure of the Teacher Rubric

•    Standards: Standards are the broad categories of knowledge, skills, and performance of effective practice detailed in the regulations. There are four Standards for teachers: Curriculum, Planning, and Assessment; Teaching All Students; Family and Community Engagement; and Professional Culture.

•     Indicators: Indicators, also detailed in the regulations, describe specific knowledge, skills, and performance for each Standard. For example, there are three Indicators in Standard I of the teacher rubric: Curriculum and Planning; Assessment; and Analysis.

•    Elements: The elements are more specific descriptions of actions and behaviors related to each Indicator. The elements further break down the Indicators into more specific aspects of educator practice and provide an opportunity for evaluators to offer detailed feedback that serves as a roadmap for improvement.

•     Descriptors: Performance descriptors are observable and measurable statements of educator actions and behaviors aligned to each element and serve as the basis for identifying the level of teaching or administrative performance in one of four categories: Unsatisfactory, Needs Improvement, Proficient, or Exemplary.

Use of the Teacher Rubric

This rubric describes teaching practice. It is intended to be used throughout the 5 step evaluation cycle for all teachers, including teachers of whole classrooms, small groups, individual students, or any combination of the above. The rubric is designed to be applicable to general education teachers from pre-K through Advanced Placement, as well as teachers with specialized classes or knowledge, including teachers of English Language Learners, and special education teachers; districts may also choose to use this rubric for educators in other roles such as specialists.

Teacher Rubric At-A-Glance

The responsibilities of teachers to whom this rubric will be applied may vary. ESE encourages educators and evaluators to use the rubric strategically by discussing and agreeing upon certain Indicators and Elements that should be high priorities according to that educator’s role and responsibilities as well as his/her professional practice and student learning needs. There are a variety of ways to emphasize these components throughout the evaluation cycle. For example, high priority Indicators and/or elements can be analyzed in greater depth during self-assessment, targeted during goal setting, a focus for more comprehensive evidence collection, or all of the above. However, the expectation is that by the end of the evaluation cycle, educators and evaluators have gathered and shared a reasonable amount of evidence on every Indicator to support a rating for each Standard.

Standard I:

Standard II:

Standard III

Standard IV:

Curriculum, Planning, and Assessment

Teaching All Students

Family and Community Engagement

Professional Culture

A. Curriculum and Planning Indicator

A. Instruction Indicator

A. Engagement Indicator

A. Reflection Indicator

1. Subject Matter Knowledge

1. Quality of Effort and Work

1. Parent/Family Engagement

1. Reflective Practice

2. Child and Adolescent Development

2. Student Engagement

 

2. Goal Setting

3. Rigorous Standards-Based Unit Design

3. Meeting Diverse Needs

 

 

4. Well-Structured Lessons

 

 

 

B. Assessment Indicator

B. Learning Environment Indicator

B. Collaboration Indicator

B. Professional Growth Indicator

1. Variety of Assessment Methods

1. Safe Learning Environment

1. Learning Expectations

1. Professional Learning and Growth

2. Adjustments to Practice

2. Collaborative Learning Environment

2. Curriculum Support

 

 

3. Student Motivation

 

 

C. Analysis Indicator

C. Cultural Proficiency Indicator

C. Communication Indicator

C. Collaboration Indicator

1. Analysis and Conclusions

1. Respects Differences

1. Two-Way Communication

1. Professional Collaboration

2. Sharing Conclusions With Colleagues

2. Maintains Respectful Environment

2. Culturally Proficient Communication

 

3. Sharing Conclusions With Students

 

 

 

 

D. Expectations Indicator

 

D. Decision-Making Indicator

 

1. Clear Expectations

 

1. Decision-making

 

2. High Expectations

 

 

 

3. Access to Knowledge

 

 

 

 

 

E. Shared Responsibility Indicator

 

 

 

1. Shared Responsibility

 

 

 

F. Professional Responsibilities Indicator

 

 

 

1. Judgment

 

 

 

2. Reliability and Responsibility

How to reference parts of the rubric:

Indicator terminology: under the “Teaching All Students” Standard (II), the” Instruction Indicator” (A) can be referred to as Indicator II-A

Element terminology: under the Instruction Indicator (A), the Student Engagement Element (2) can be referred to as Element II-A-2

Standard I: Curriculum, Planning, and Assessment. The teacher promotes the learning and growth of all students by providing high-quality and coherent instruction, designing and administering authentic and meaningful student assessments, analyzing student performance and growth data, using this data to improve instruction, providing students with constructive feedback on an ongoing basis, and continuously refining learning objectives.

Indicator I-A.   Curriculum and Planning: Knows the subject matter well, has a good grasp of child development and how students learn, and designs effective and rigorous standards-based units of instruction consisting of well-structured lessons with measurable outcomes.

I-A. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

I-A-1. Subject Matter Knowledge

Demonstrates limited knowledge of the subject matter and/or its pedagogy; relies heavily on textbooks or resources for development of the factual content. Rarely engages students in learning experiences focused on complex knowledge or skills in the subject.

Demonstrates factual knowledge of subject matter and the pedagogy it requires by sometimes engaging students in learning experiences around complex knowledge and skills in the subject.

Demonstrates sound knowledge and understanding of the subject matter and the pedagogy it requires by consistently engaging students in learning experiences that enable them to acquire complex knowledge and skills in the subject.

Demonstrates expertise in subject matter and the pedagogy it requires by engaging all students in learning experiences that enable them to synthesize complex knowledge and skills in the subject. Is able to model this element.

I-A-2. Child and  Adolescent Development

Demonstrates little or no knowledge of developmental levels of students this age or differences in how students learn. Typically develops one learning experience for all students that does not enable most students to meet the intended outcomes.

Demonstrates knowledge of developmental levels of students this age but does not identify developmental levels and ways of learning among the students in the class and/or develops learning experiences that enable some, but not all, students to move toward meeting intended outcomes.

Demonstrates knowledge of the developmental levels of students in the classroom and the different ways these students learn by providing differentiated learning experiences that enable all students to progress toward meeting intended outcomes.

Demonstrates expert knowledge of the developmental levels of the teacher’s own students and students in this grade or subject more generally and uses this knowledge to differentiate and expand learning experiences that enable all students to make significant progress toward meeting stated outcomes. Is able to model this element.

I-A-3. Rigorous Standards-Based Unit Design

Plans individual lessons rather than units of instruction, or designs units of instruction that are not aligned with state standards/ local curricula, lack measurable outcomes, and/or include tasks that mostly rely on lower level thinking skills.

Designs units of instruction that address some knowledge and skills defined in state standards/local curricula, but some student outcomes are poorly defined and/or tasks rarely require higher-order thinking skills.

Designs units of instruction with measurable outcomes and challenging tasks requiring higher-order thinking skills that enable students to learn the knowledge and skills defined in state standards/local curricula.

Designs integrated units of instruction with measurable, accessible outcomes and challenging tasks requiring higher-order thinking skills that enable students to learn and apply the knowledge and skills defined in state standards/local curricula. Is able to model this element.

I-A-4. Well-Structured Lessons

Develops lessons with inappropriate student engagement strategies, pacing, sequence, activities, materials, resources, and/or grouping for the intended outcome or for the students in the class.

Develops lessons with only some elements of appropriate student engagement strategies, pacing, sequence, activities, materials, resources, and grouping.

Develops well-structured lessons with challenging, measurable objectives and appropriate student engagement strategies, pacing, sequence, activities, materials, resources, technologies, and grouping.

Develops well-structured and highly engaging lessons with challenging, measurable objectives and appropriate student engagement strategies, pacing, sequence, activities, materials, resources, technologies, and grouping to attend to every student’s needs. Is able to model this element.

Indicator I-B.   Assessment: Uses a variety of informal and formal methods of assessments to measure student learning, growth, and understanding to develop differentiated and enhanced learning experiences and improve future instruction.

I-B. Element

Unsatisfactory

Needs Improvement

Proficient

Exemplary

I-B-1. Variety of Assessment Methods

Administers only the assessments required by the school and/or measures only point-in-time student achievement.

May administer some informal and/or formal assessments to measure student learning but rarely measures student progress toward achieving state/local standards.

Designs and administers a variety of informal and formal methods and assessments, including common interim assessments, to measure each student’s learning, growth, and progress toward achieving state/local standards.

Uses an integrated, comprehensive system of informal and formal assessments, including common interim assessments, to measure student learning, growth, and progress toward achieving state/local standards. Is able to model this element.

I-B-2. Adjustment to Practice

Makes few adjustments to practice based on formal and informal assessments.

May organize and analyze some assessment results but only occasionally adjusts practice or modifies future instruction based on the findings.

Organizes and analyzes results from a variety of assessments to determine progress toward intended outcomes and uses these findings to adjust practice and identify and/or implement appropriate differentiated interventions and enhancements for students.

Organizes and analyzes results from a comprehensive system of assessments to determine progress toward intended outcomes and frequently uses these findings to adjust practice and identify and/or implement appropriate differentiated interventions and enhancements for individuals and groups of students and appropriate modifications of lessons and units. Is able to model this element.

Indicator I-C. Analysis: Analyzes data from assessments, draws conclusions, and shares them appropriately.

I-C. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

I-C-1. Analysis and Conclusions

Does not draw conclusions from student data beyond completing minimal requirements such as grading for report cards.

Draws conclusions from a limited analysis of student data to inform student grading and promotion decisions.

Individually and with colleagues, draws appropriate conclusions from a thorough analysis of a wide range of assessment data to improve student learning.

Individually and with colleagues, draws appropriate, actionable conclusions from a thorough analysis of a wide range of assessment data that improve short-and long-term instructional decisions. Is able to model this element.

I-C-2. Sharing Conclusions With Colleagues

Rarely shares with colleagues conclusions about student progress and/or rarely seeks feedback.

Only occasionally shares with colleagues conclusions about student progress and/or only occasionally seeks feedback from them about practices that will support improved student learning.

Regularly shares with appropriate colleagues (e.g., general education, special education, and English learner staff) conclusions about student progress and seeks feedback from them about instructional or assessment practices that will support improved student learning.

Establishes and implements a schedule and plan for regularly sharing with all appropriate colleagues conclusions and insights about student progress. Seeks and applies feedback from them about practices that will support improved student learning. Is able to model this element.

I-C-3. Sharing Conclusions With Students

Provides little or no feedback on student performance except through grades or report of task completion, or provides inappropriate feedback that does not support students to improve their performance.

Provides some feedback about performance beyond grades but rarely shares strategies for students to improve their performance toward objectives.

Based on assessment results,  provides descriptive feedback and engages students and families in constructive conversation that focuses on how students can improve their performance

Establishes early, constructive feedback loops with students and families that create a dialogue about performance, progress, and improvement. Is able to model this element.

Standard II: Teaching All Students. The teacher promotes the learning and growth of all students through instructional practices that establish high expectations, create a safe and effective classroom environment, and demonstrate cultural proficiency.

Indicator II-A. Instruction: Uses instructional practices that reflect high expectations regarding content and quality of effort and work; engage all students; and are personalized to accommodate diverse learning styles, needs, interests, and levels of readiness.

II-A. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

II-A-1. Quality of Effort and Work

Establishes no or low expectations around quality of work and effort and/or offers few supports for students to produce quality work or effort.

May states high expectations for quality and effort, but provides few exemplars and rubrics, limited guided practice, and/or few other supports to help students know what is expected of them; may establish inappropriately low expectations for quality and effort.

Consistently defines high expectations for the quality of student work and the perseverance and effort required to produce it; often provides exemplars, rubrics, and guided practice.

Consistently defines high expectations for quality work and effort and effectively supports students to set high expectations for each other to persevere and produce high-quality work. Is able to model this element.

II-A-2. Student Engagement

Uses instructional practices that leave most students uninvolved and/or passive participants.

Uses instructional practices that motivate and engage some students but leave others uninvolved and/or passive participants.

Consistently uses instructional practices that are likely to motivate and engage most students during the lesson.

Consistently uses instructional practices that typically motivate and engage most students both during the lesson and during independent work and home work. Is able to model this element.

II-A-3. Meeting Diverse Needs

Uses limited and/or inappropriate practices to accommodate differences.

May use some appropriate practices to accommodate differences, but fails to address an adequate range of differences.

Uses appropriate practices, including tiered instruction and scaffolds, to accommodate differences in learning styles, needs, interests, and levels of readiness, including those of students with disabilities and English learners.

Uses a varied repertoire of practices to create structured opportunities for each student to meet or exceed state standards/local curriculum and behavioral expectations. Is able to model this element.

 

Indicator II-B. Learning Environment: Creates and maintains a safe and collaborative learning environment that motivates students to take academic risks, challenge themselves, and claim ownership of their learning.

II-B. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

II-B-1. Safe Learning Environment

Maintains a physical environment that is unsafe or does not support student learning. Uses inappropriate or ineffective rituals, routines, and/or responses to reinforce positive behavior or respond to behaviors that interfere with students’ learning.

May create and maintain a safe physical environment but inconsistently maintains rituals, routines, and responses needed to prevent and/or stop behaviors that interfere with all students’ learning.

Uses rituals, routines, and appropriate responses that create and maintain a safe physical and intellectual environment where students take academic risks and most behaviors that interfere with learning are prevented.

Uses rituals, routines, and proactive responses that create and maintain a safe physical and intellectual environment where students take academic risks and play an active role—individually and collectively—in preventing behaviors that interfere with learning. Is able to model this element.

II-B-2. Collaborative Learning Environment

Makes little effort to teach interpersonal, group, and communication skills or facilitate student work in groups, or such attempts are ineffective.

Teaches some interpersonal, group, and communication skills and provides some opportunities for students to work in groups.

Develops students’ interpersonal, group, and communication skills and provides opportunities for students to learn in groups with diverse peers.

Teaches and reinforces interpersonal, group, and communication skills so that students seek out their peers as resources. Is able to model this practice.

II-B-3. Student Motivation

Directs all learning experiences, providing few, if any, opportunities for students to take academic risks or challenge themselves to learn.

Creates some learning experiences that guide students to identify needs, ask for support, and challenge themselves to take academic risks.

Consistently creates learning experiences that guide students to identify their strengths, interests, and needs; ask for support when appropriate; take academic risks; and challenge themselves to learn.

Consistently supports students to identify strengths, interests, and needs; ask for support; take risks; challenge themselves; set learning goals; and monitor their own progress. Models these skills for colleagues.

Indicator II-C. Cultural Proficiency: Actively creates and maintains an environment in which students’ diverse backgrounds, identities, strengths, and challenges are respected.

II-C. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

II-C-1. Respects Differences

Establishes an environment in which students demonstrate limited respect for individual differences.

Establishes an environment in which students generally demonstrate respect for individual differences

Consistently uses strategies and practices that are likely to enable students to demonstrate respect for and affirm their own and others’ differences related to background, identity, language, strengths, and challenges.

Establishes an environment in which students respect and affirm their own and others’ differences and are supported to share and explore differences and similarities related to background, identity, language, strengths, and challenges. Is able to model this practice.

II-C-2. Maintains Respectful Environment

Minimizes or ignores conflicts and/or responds in inappropriate ways.

Anticipates and responds appropriately to some conflicts or misunderstandings but ignores and/or minimizes others.

Anticipates and responds appropriately to conflicts or misunderstandings arising from differences in  backgrounds, languages, and identities.

Anticipates and responds appropriately to conflicts or misunderstandings arising from differences in backgrounds, languages, and identities in ways that lead students to be able to do the same independently. Is able to model this practice.

Indicator II-D. Expectations: Plans and implements lessons that set clear and high expectations and also make knowledge accessible for all students.

II-D. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

II-D-1. Clear Expectations

Does not make specific academic and behavior expectations clear to students.

May announce and post classroom academic and behavior rules and consequences, but inconsistently or ineffectively enforces them.

Clearly communicates and consistently enforces specific standards for student work, effort, and behavior.

Clearly communicates and consistently enforces specific standards for student work, effort, and behavior so that most students are able to describe them and take ownership of meeting them. Is able to model this element.

II-D-2. High Expectations

Gives up on some students or communicates that some cannot master challenging material.

May tell students that the subject or assignment is challenging and that they need to work hard but does little to counteract student misconceptions about innate ability.

Effectively models and reinforces ways that students can master challenging material through effective effort, rather than having to depend on innate ability.

Effectively models and reinforces ways that students can consistently master challenging material through effective effort. Successfully challenges students’ misconceptions about innate ability. Is able to model this element.

II-D-3. Access to Knowledge

Rarely adapts instruction, materials, and assessments to make challenging material accessible to all students.

Occasionally adapts instruction, materials, and assessments to make challenging material accessible to all students.

Consistently adapts instruction, materials, and assessments to make challenging material accessible to all students, including English learners and students with disabilities.

Individually and with colleagues, consistently adapts instruction, materials, and assessments to make challenging material accessible to all students, including English learners and students with disabilities. Is able to model this element.

Standard III: Family and Community Engagement. The teacher promotes the learning and growth of all students through effective partnerships with families, caregivers, community members, and organizations.

Indicator III-A.           Engagement: Welcomes and encourages every family to become active participants in the classroom and school community.

III-A. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

III-A-1.

Parent/Family Engagement

Does not welcome families to become participants in the classroom and school community or actively discourages their participation.

Makes limited attempts to involve families in school and/or classroom activities, meetings, and planning.

Uses a variety of strategies to support every family to participate actively and appropriately in the classroom and school community.

Successfully engages most families and sustains their active and appropriate participation in the classroom and school community. Is able to model this element.

Indicator III-B.      Collaboration: Collaborates with families to create and implement strategies for supporting student learning and development both at home and at school.

III-B. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

III-B-1. Learning Expectations

Does not inform parents about learning or behavior expectations.

Sends home only a list of classroom rules and the learning outline or syllabus for the year.

Consistently provides parents with clear, user-friendly expectations for student learning and behavior.

Successfully conveys to most parents student learning and behavior expectations. Is able to model this element.

III-B-2. Curriculum Support

Rarely, if ever, communicates with parents on ways to support children at home or at school.

Sends home occasional suggestions on how parents can support children at home or at school.

Regularly updates parents on curriculum throughout the year and suggests strategies for supporting learning at school and home, including appropriate adaptation for students with disabilities or limited English proficiency.

Successfully prompts most families to use one or more of the strategies suggested for supporting learning at school and home and seeks out evidence of their impact. Is able to model this element.

Indicator III-C.          Communication: Engages in regular, two-way, and culturally proficient communication with families about student learning and performance.

III-C. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

III-C-1. Two-Way Communication

Rarely communicates with families except through report cards; rarely solicits or responds promptly and carefully to communications from families.

Relies primarily on newsletters and other one-way media and usually responds promptly to communications from families.

Regularly uses two-way communication with families about student performance and learning and responds promptly and carefully to communications from families.

Regularly uses a two-way system that supports frequent, proactive, and personalized communication with families about student performance and learning. Is able to model this element.

III-C-2. Culturally Proficient Communication

Makes few attempts to respond to different family cultural norms and/or responds inappropriately or disrespectfully.

May communicate respectfully and make efforts to take into account different families’ home language, culture, and values, but does so inconsistently or does not demonstrate understanding and sensitivity to the differences.

Always communicates respectfully with families and demonstrates understanding of and sensitivity to different families’ home language, culture, and values.

Always communicates respectfully with families and demonstrates understanding and appreciation of different families’ home language, culture, and values. Is able to model this element.

Standard IV: Professional Culture. The teacher promotes the learning and growth of all students through ethical, culturally proficient, skilled, and collaborative practice.

Indicator IV-A.    Reflection: Demonstrates the capacity to reflect on and improve the educator’s own practice, using informal means as well as meetings with teams and work groups to gather information, analyze data, examine issues, set meaningful goals, and develop new approaches in order to improve teaching and learning.

IV-A. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

IV-A-1. Reflective Practice

Demonstrates limited reflection on practice and/or use of insights gained to improve practice.

May reflect on the effectiveness of lessons/ units and interactions with students but not with colleagues and/or rarely uses insights to improve practice.

Regularly reflects on the effectiveness of lessons, units, and interactions with students, both individually and with colleagues, and uses insights gained to improve practice and student learning.

Regularly reflects on the effectiveness of lessons, units, and interactions with students, both individually and with colleagues; and uses and shares with colleagues, insights gained to improve practice and student learning. Is able to model this element.

IV-A-2. Goal Setting

Generally, participates passively in the goal-setting process and/or proposes goals that are vague or easy to reach.

Proposes goals that are sometimes vague or easy to achieve and/or bases goals on a limited self-assessment and analysis of student learning data.

Proposes challenging, measurable professional practice, team, and student learning goals that are based on thorough self-assessment and analysis of student learning data.

Individually and with colleagues builds capacity to propose and monitor challenging, measurable goals based on thorough self-assessment and analysis of student learning data. Is able to model this element.

Indicator IV-B.     Professional Growth: Actively pursues professional development and learning opportunities to improve quality of practice or build the expertise and experience to assume different instructional and leadership roles.

IV-B. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

IV-B-1. Professional Learning and Growth

Participates in few, if any, professional development and learning opportunities to improve practice and/or applies little new learning to practice.

Participates only in required professional development activities and/or inconsistently or inappropriately applies new learning to improve practice.

Consistently seeks out and applies, when appropriate, ideas for improving practice from supervisors, colleagues, professional development activities, and other resources to gain expertise and/or assume different instruction and leadership responsibilities.

Consistently seeks out professional development and learning opportunities that improve practice and build expertise of self and other educators in instruction and leadership. Is able to model this element.

 

Indicator IV-C.     Collaboration: Collaborates effectively with colleagues on a wide range of tasks

IV-C. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

IV-C-1. Professional Collaboration

Rarely and/or ineffectively collaborates with colleagues; conversations often lack focus on improving student learning.

Does not consistently collaborate with colleagues in ways that support productive team effort.

Consistently and effectively collaborates with colleagues in such work as developing standards-based units, examining student work, analyzing student performance, and planning appropriate intervention.

Supports colleagues to collaborate in areas such as developing standards-based units, examining student work, analyzing student performance, and planning appropriate intervention. Is able to model this element.

Indicator IV-D.          Decision-Making: Becomes involved in schoolwide decision making, and takes an active role in school improvement planning.

IV-D. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

IV-D-1. Decision-Making

Participates in planning and decision making at the school, department, and/or grade level only when asked and rarely contributes relevant ideas or expertise.

May participate in planning and decision making at the school, department, and/or grade level but rarely contributes relevant ideas or expertise.

Consistently contributes relevant ideas and expertise to planning and decision making at the school, department, and/or grade level.

I In planning and decision-making at the school, department, and/or grade level,    consistently contributes ideas and expertise that are critical to school improvement efforts. Is able to model this element.

Indicator IV-E.    Shared Responsibility: Shares responsibility for the performance of all students within the school.

IV-E. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

IV-E-1. Shared Responsibility

Rarely reinforces schoolwide behavior and learning expectations for all students and/or makes a limited contribution to their learning by rarely sharing responsibility for meeting their needs.

Within and beyond the classroom, inconsistently reinforces schoolwide behavior and learning expectations for all students, and/or makes a limited contribution to their learning by inconsistently sharing responsibility for meeting their needs.

Within and beyond the classroom, consistently reinforces schoolwide behavior and learning expectations for all students, and contributes to their learning by sharing responsibility for meeting their needs.

Individually and with colleaguesdevelops strategies and actions that contribute to the learning and productive behavior of all students at the school. Is able to model this element.

Indicator IV-F.          Professional Responsibilities: Is ethical and reliable, and meets routine responsibilities consistently.

IV-F. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

IV-F-1. Judgment

Demonstrates poor judgment and/or discloses confidential student information inappropriately.

Sometimes demonstrates questionable judgment and/or inadvertently shares confidential information.

Demonstrates sound judgment reflecting integrity, honesty, fairness, and trustworthiness and protects student confidentiality appropriately.

Demonstrates sound judgment and acts appropriately to protect student confidentiality,    rights and safety. Is able to model this element.

IV-F-2. Reliability & Responsibility

Frequently misses or is late to assignments, makes errors in records, and/or misses paperwork deadlines; frequently late or absent.

Occasionally misses or is late to assignments, completes work late, and/or makes errors in records.

Consistently fulfills professional responsibilities; is consistently punctual and reliable with paperwork, duties, and assignments; and is rarely late or absent from school.

Consistently fulfills all professional responsibilities to high standards. Is able to model this element.

Standards and Indicators of Effective Administrative Leadership Practice:

Superintendent Rubric

Massachusetts Model System for Educator Evaluation

Part III: Guide to Rubrics and Model Rubrics

for Superintendent, Administrator, and Teacher

Appendix D. Specialized Instructional Support Personnel Rubric March 2012

Massachusetts Department of Elementary and Secondary Education

75 Pleasant Street, Malden, MA 02148-4906

Phone 781-338-3000 TTY: N.E.T. Relay 800-439-2370

www.doe.mass.edu

Guide to Specialized Instructional Support Personnel (SISP) Rubric

Rubrics - defined in the regulations as “scoring tool[s] that describe characteristics of practice or artifacts at different levels of performance” (603 CMR 35.02) - are a critical component of the Massachusetts educator evaluation framework and are required for every educator. Rubrics are designed to help educators and evaluators (1) develop a consistent, shared understanding of what proficient performance looks like in practice, (2) develop a common terminology and structure to organize evidence, and (3) make informed professional judgments about formative and summative performance ratings on each Standard and overall. This appendix contains the ESE Model “SISP” Rubric.

Structure of the Specialized Instructional Support Personnel (SISP) Rubric

•     Standards: Standards are the broad categories of knowledge, skills, and performance of effective practice detailed in the regulations. There are four Standards for teachers: Curriculum, Planning, and Assessment; Teaching All Students; Family and Community Engagement; and Professional Culture.

•     Indicators: Indicators, also detailed in the regulations, describe specific knowledge, skills, and performance for each Standard. For example, there are three Indicators in Standard I of the SISP rubric: Curriculum and Planning; Assessment; and Analysis.

•    Elements: The elements are more specific descriptions of actions and behaviors related to each Indicator. The elements further break down the Indicators into more specific aspects of educator practice and provide an opportunity for evaluators to offer detailed feedback that serves as a roadmap for improvement.

•    Descriptors: Performance descriptors are observable and measurable statements of educator actions and behaviors aligned to each element and serve as the basis for identifying the level of teaching or administrative performance in one of four categories: Unsatisfactory, Needs Improvement, Proficient, or Exemplary.

Use of the Specialized Instructional Support Personnel (SISP) Rubric

This rubric describes practice that is common across educators in professional support roles such as school counselors, school psychologists, school nurses, and others defined in the recognition clause of the appropriate collective bargaining agreement. It is intended to be used throughout the 5 step evaluation cycle for educators who provide direct services such as education, therapy, counseling, assessment, and diagnosis to a caseload of students, as well as educators who may provide indirect support to students through consultation to and collaboration with teachers, administrators, and other colleagues.

The roles and responsibilities of educators to whom this rubric will be applied will vary. ESE encourages educators and evaluators to use the rubric strategically by discussing and agreeing upon certain Indicators and Elements that should be high priorities according to that educator’s role and responsibilities as well as his/her professional practice and student learning needs. There are a variety of ways to emphasize these components throughout the evaluation cycle. For example, high priority Indicators and/or elements can be analyzed in greater depth during self-assessment, targeted during goal setting, a focus for more comprehensive evidence collection, or all of the above. However, the expectation is that by the end of the evaluation cycle, educators and evaluators have gathered and shared a reasonable amount of evidence on every Indicator to support a rating for each Standard.

Specialized Instructional Support Personnel (SISP) Rubric At-A-Glance

Standard I:

Standard II:

Standard III:

Standard IV:

Curriculum, Planning, and

Assessment

Teaching All Students

Family and Community Engagement

Professional Culture

A. Curriculum and Planning Indicator

A. Instruction Indicator

A. Engagement Indicator

A. Reflection Indicator

1. Professional Knowledge

1. Quality of Effort and Work

1. Parent/Family Engagement

1. Reflective Practice

2. Child and Adolescent Development

2. Student Engagement

 

2. Goal Setting

3. Plan Development

3. Meeting Diverse Needs

 

 

4. Well-Structured Lessons

 

 

 

B. Assessment Indicator

B. Learning Environment Indicator

B. Collaboration Indicator

B. Professional Growth Indicator

1. Variety of Assessment Methods

1. Safe Learning Environment

1. Learning Expectations

1. Professional Learning and Growth

2. Adjustments to Practice

2. Collaborative Learning Environment

2. Student Support

 

 

3. Student Motivation

 

 

C. Analysis Indicator

C. Cultural Proficiency Indicator

C. Communication Indicator

C. Collaboration Indicator

1. Analysis and Conclusions

1. Respects Differences

1. Two-Way Communication

1. Professional Collaboration

2. Sharing Conclusions With Colleagues

2. Maintains Respectful Environment

2. Culturally Proficient Communication

2. Consultation

3. Sharing Conclusions With Students and Families

 

 

 

 

D. Expectations Indicator

 

D. Decision-Making Indicator

 

1. Clear Expectations

 

1. Decision-making

 

2. High Expectations

 

 

 

3. Access to Knowledge

 

 

 

 

 

E. Shared Responsibility Indicator

 

 

 

1. Shared Responsibility

 

 

 

F. Professional Responsibilities Indicator

 

 

 

1. Judgment

 

 

 

2. Reliability and Responsibility

How to reference parts of the rubric:

Indicator terminology: under the “Teaching All Students” Standard (II), the” Instruction Indicator” (A) can be referred to as Indicator II-A

Element terminology: under the Instruction Indicator (A), the Student Engagement Element (2) can be referred to as Element II-A-2

Standard I: Curriculum, Planning, and Assessment. promotes the learning and growth of all students by providing high-quality and coherent instruction, designing and administering authentic and meaningful student assessments, analyzing student performance and growth data, using this data to improve instruction, providing students with constructive feedback on an ongoing basis, and continuously refining learning objectives.

Indicator I-A.   Curriculum and Planning: Has strong knowledge specific to subject matter and/or professional responsibility, has a good grasp of child development and how students learn, and designs effective and rigorous plans for support consisting of well-structured lessons with measurable outcomes.

I-A. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

I-A-1. Professional Knowledge

Demonstrates limited professional knowledge; relies heavily on outdated practices as opposed to current practices supported by research. Rarely engages students in academic, behavioral, and social/emotional learning experiences through the use of educational and/or clinical practices.

Demonstrates factual knowledge of the professional content and delivery and sometimes applies it to engage students in academic, behavioral, and social/emotional learning experiences through the use of educational and/or clinical practices.

Demonstrates sound knowledge and understanding of professional content and delivery by consistently engaging students in academic, behavioral, and social/emotional learning experiences through the use of educational and/or clinical practices that enable students to acquire knowledge and skills.

Demonstrates mastery of professional content and its delivery by engaging all students in academic, behavioral, and social/emotional learning experiences, through the use of educational and/or clinical practices, that enable students to synthesize knowledge and skills. Is able to model this element.

I-A-2. Child and Adolescent Development

Demonstrates little or no knowledge of child and adolescent development; typically develops one learning experience, and/or type of support or assistance for all students that does not adequately address intended outcomes.

Demonstrates general knowledge of child and adolescent development but does not apply this knowledge when providing differentiated learning experiences, support, and/or assistance that would enable all students—as opposed to just some— to move toward meeting intended outcomes.

Demonstrates knowledge of students’ developmental levels and the different ways these students learn or behave by providing differentiated learning experiences, support, and/or assistance that enable all students to progress toward meeting intended outcomes.

Demonstrates expert knowledge of the developmental levels of individual students and students in the grade or subject more generally and uses this knowledge to differentiate and expand learning experiences, supports, and/or types of assistance, enabling all students to make significant progress toward meeting stated outcomes. Is able to model this element.

1-A-3 Plan Development11

Develops or contributes to the development of plans that are not timely and/or not tailored to the needs of individual students; or, plans do not include appropriate supports or measurable outcomes that would enable students to meet the goals and objectives of the plan.

Develops or contributes to the timely development of plans that respond to some but not all relevant individual student needs, and/or plans that lack sufficient measurable outcomes or supports that enable students to meet all goals and objectives of the plan.

Develops or contributes to the timely development of well-structured plans with measurable outcomes that respond to all relevant individual student needs, and include supports that enable students to meet the goals or objectives of the plan.

Develops or contributes to the timely development of comprehensive, well-structured plans with measurable outcomes that respond to all relevant individual student needs, are coordinated with other plans relevant to those students, and include supports that enable students to meet all goals or objectives of the plan. Is able to model this element.

I-A-4. Well-Structured Lessons

Develops lessons (which may include individual and group activities or sessions) with inappropriate student engagement strategies, pacing, sequence, activities, materials, resources, and/or grouping.

Develops lessons (which may include individual and group activities or sessions) with only some elements of appropriate student engagement strategies, pacing, sequence, activities, materials, resources, and grouping.

Develops well-structured lessons (which may include individual and group activities or sessions) with challenging, measurable objectives and appropriate student engagement strategies, pacing, sequence, activities, materials, resources, technologies, and grouping.

Develops well-structured and highly engaging lessons (which may include individual and group activities and sessions) with challenging, measurable objectives and appropriate student engagement strategies, pacing, sequence, activities, materials, resources, technologies, and grouping to attend to every student’s needs. Is able to model this element.

_______________________________________________________________________________________________________________________________

11 “Plan” is used throughout this document to refer to a variety of plans, including but not limited to: lesson plans, unit plans, Individualized Education Programs (IEPs), Individualized Health Care Plans (IHCPs), Career Plans, and 504 Plans. The type of plan that an educator is responsible for depends on the educator being evaluated; both the educator and evaluator should understand and agree upon the definition relevant to the educator’s role.

_______________________________________________________________________________________________________________________________s

Indicator I-B.   Assessment: Uses a variety of informal and formal methods of assessments to measure student learning, growth, and understanding to develop differentiated and enhanced learning experiences and improve future instruction.

I-B. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

I-B-1. Variety of Assessment Methods

Administers assessments and/or collects only the data required by the school and/or measures only point-in-time student achievement or development.

May design and administer assessments and/or collect some data to measure student learning, growth, or development, but uses a limited range of methods.

Designs and administers assessments and/or collects data to measure student learning, growth, and/or development through a variety of methods, including informal and formal assessments and common interim assessments where applicable.

Uses an integrated, comprehensive assessment system, including informal and formal assessment methods and common interim assessments where applicable, to measure student learning, growth, and development. Is able to model this element.

I-B-2. Adjustment to Practice

Makes few adjustments to practice by identifying and/or implementing appropriate differentiated interventions, supports, and programs based on formal and informal assessments.

May organize and analyze some assessment results but only occasionally adjusts practice and identifies and/or implements appropriate differentiated interventions, supports, and programs for students.

Organizes and analyzes results from a variety of assessments to determine progress toward intended outcomes and uses these findings to adjust practice and identify and/or implement appropriate differentiated interventions, supports, and programs for students.

Organizes and analyzes results from a comprehensive system of assessments to determine progress toward intended outcomes and frequently uses these findings to adjust practice and identify and/or implement appropriate differentiated interventions, supports, or programs for individuals and groups of students and appropriate modifications of plans. Is able to model this element.

Indicator I-C. Analysis: Analyzes data from assessments, draws conclusions, and shares them appropriately.

I-C.

Unsatisfactory

Needs Improvement

Proficient

Exemplary

Elements

 

 

 

 

I-C-1. Analysis and Conclusions

Does not analyze data and/or draw conclusions from data beyond completing minimal requirements.

Draws conclusions from a limited analysis of data to inform student learning, growth, and development.

Individually and with colleagues, draws appropriate conclusions about programs, plans, and practices from a thorough analysis of a wide range of data to improve student learning, growth, and development.

Individually and with colleagues, draws appropriate, actionable conclusions about programs, plans, and practices from a thorough analysis of a wide range of data that improve short-and long-term planning decisions. Is able to model this element.

I-C-2. Sharing Conclusions With Colleagues

Rarely shares with colleagues conclusions about student progress and/or rarely seeks feedback from them about practices that will support improved student learning and/or development.

Only occasionally shares with colleagues conclusions about student progress and/or seeks feedback from them about practices that will support improved student learning and/or development.

Regularly shares with appropriate colleagues (e.g., classroom teachers, administrators, and professional support personnel) conclusions about student progress and seeks feedback from them about practices that will support improved student learning and/or development.

Establishes and implements a schedule and plan for regularly sharing with all appropriate colleagues (e.g., classroom teachers, administrators, and professional support personnel) conclusions and insights about student progress. Seeks and applies feedback from them about practices that will support improved student learning and/or development. Is able to model this element.

I-C-3. Sharing Conclusions With Students and Families

Provides little or no feedback on student growth or progress except through minimally required reporting or provides inappropriate feedback that does not support students to grow and improve.

Provides some feedback about student growth or progress beyond required reports but rarely shares strategies for students to grow and improve.

Based on assessment results and/or other data, provides descriptive feedback and engages students and families in constructive conversation that focuses on student growth and improvement.

Establishes early, constructive feedback loops with students and families that create a dialogue about student growth, progress, and improvement. Is able to model this element.

Standard II: Teaching All Students. Promotes the learning and growth of all students through instructional practices that establish high expectations, create a safe and effective classroom environment, and demonstrate cultural proficiency.

Indicator II-A. Instruction: Uses instructional and clinical practices that reflect high expectations regarding content and quality of effort and work; engage all students; and are personalized to accommodate diverse learning styles, needs, interests, and levels of readiness.

II-A. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

II-A-1. Quality of Effort and Work

Establishes no or low expectations for student work and behavior and/or offers few supports to help students know what is expected of them.

May state high expectations for student work and behavior, but provides few exemplars and rubrics, or limited guided practice, and/or few other supports to help students know what is expected of them.

Consistently defines high expectations for student work and behavior, and the perseverance and effort required to produce it; often provides exemplars, rubrics, or guided practice, and/or models appropriate behaviors.

Consistently defines high expectations for student work and behavior and effectively supports students to set high expectations for each other to persevere and produce high-quality work. Is able to model this element.

II-A-2. Student Engagement

Uses instructional and/or clinical practices that leave most students uninvolved and/or passive.

Uses instructional and/or clinical practices that motivate and engage some students but leave others uninvolved and/or passive.

Consistently uses instructional and clinical practices that are likely to motivate and engage most students during the lesson, activity, or session.

Consistently uses instructional and clinical practices that typically motivate and engage most students during the lesson, activity, or session, and during independent work. Is able to model this element.

II-A-3. Meeting Diverse Needs

Uses limited and/or inappropriate practices and/or supports to accommodate differences.

May use some appropriate practices and/or supports to accommodate differences, but fails to address an adequate range of differences.

Uses appropriate practices, including tiered instruction, scaffolds, and other supports, to accommodate differences in learning styles, needs, interests, and levels of readiness, including those of students with disabilities and English learners.

Uses a varied repertoire of practices and/or supports to create structured opportunities for each student to meet or exceed expectations for growth and development. Is able to model this element.

Indicator II-B. Learning Environment: Creates and maintains a safe and collaborative learning environment that motivates students to take academic risks, challenge themselves, and claim ownership of their learning.

II-B. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

II-B-1. Safe Learning Environment

Maintains a physical environment that is unsafe or does not support student learning. Uses inappropriate or ineffective rituals, routines, and/or responses to reinforce positive behavior or respond to behaviors that interfere with students’ learning.

May create and maintain a safe physical environment but inconsistently maintains rituals, routines, and responses needed to prevent and/or stop behaviors that interfere with all students’ learning.

Uses rituals, routines, and appropriate responses that create and maintain a safe physical and intellectual environment where students take academic risks and most behaviors that interfere with learning are prevented.

Uses rituals, routines, and proactive responses that create and maintain a safe physical and intellectual environment where students take academic risks and play an active role—individually and collectively—in preventing behaviors that interfere with learning. Is able to model this element.

II-B-2. Collaborative Learning Environment

Makes little effort to teach interpersonal, group, and communication skills or facilitate student work in groups, or such attempts are ineffective.

Teaches some interpersonal, group, and communication skills and provides some opportunities for students to work in groups.

Develops students’ interpersonal, group, and communication skills and provides opportunities for students to learn in groups with diverse peers.

Teaches and reinforces interpersonal, group, and communication skills so that students seek out their peers as resources. Is able to model this practice.

II-B-2. Student Motivation

Directs all learning experiences, providing few, if any, opportunities for students to take risks or challenge themselves.

Creates some learning experiences that guide students to identify needs, ask for support, and challenge themselves to take risks.

Consistently creates learning experiences that guide students to identify their strengths, interests, and needs; ask for support when appropriate; take risks; and challenge themselves to succeed.

Consistently supports students to identify their strengths, interests, and needs; ask for support; take risks; challenge themselves; set learning goals; and monitor their own progress. Is able to model this element.

Indicator II-C. Cultural Proficiency: Actively creates and maintains an environment in which students’ diverse backgrounds, identities, strengths, and challenges are respected.

II-C. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

II-C-1. Respects Differences

Establishes an environment in which students demonstrate limited respect for individual differences.

Establishes an environment in which students generally demonstrate respect for individual differences.

Consistently uses strategies and practices that are likely to enable students to demonstrate respect for and affirm their own and others’ differences related to background, identity, language, strengths, and challenges.

Establishes an environment in which students respect and affirm their own and others’ differences and are supported to share and explore differences and similarities related to background, identity, language, strengths, and challenges. Is able to model this element.

II-C-2.

Maintains Respectful Environment

Minimizes or ignores conflicts and/or responds in inappropriate ways.

Anticipates and responds appropriately to some conflicts or misunderstandings but ignores and/or minimizes others.

Anticipates and responds appropriately to conflicts or misunderstandings arising from differences in backgrounds, languages, and identities.

Anticipates and responds appropriately to conflicts or misunderstandings arising from differences in backgrounds, languages, and identities in ways that lead students to be able to do the same independently. Is able to model this element.

Indicator II-D. Expectations: Plans and implements lessons and/or supports that set clear and high expectations and also make knowledge, information, and/or supports accessible for all students.

II-D. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

II-D-1. Clear Expectations

Does not make specific standards for student work, effort, interactions, and behavior clear to students.

May communicate specific standards for student work, effort, interactions, and behavior, but inconsistently or ineffectively enforces them.

Clearly communicates and consistently enforces specific standards for student work, effort, and behavior.

Clearly communicates and consistently enforces specific standards for student work, effort, interactions, and behavior so that most students are able to describe them and take ownership of meeting them. Is able to model this element.

II-D-2. High Expectations

Gives up on some students or communicates that some cannot accomplish challenging goals. .

May tell students that a goal is challenging and that they need to work hard but does not model ways students can accomplish the goal through effective effort. .

Effectively models and reinforces ways that students can set and accomplish challenging goals through effective effort, rather than having to depend on innate ability.

Effectively models and reinforces ways that students can consistently accomplish challenging goals through effective effort. Successfully challenges students’ misconceptions about innate ability. Is able to model this element.

II-D-3. Access to Knowledge

Rarely adapts instruction, services, plans, communication, and/or assessments to make curriculum/supports accessible to all students for whom the educator has responsibility.

Occasionally adapts instruction, services, plans, communication, and/or assessments to make curriculum/supports accessible to all students for whom the educator has responsibility.

Consistently adapts instruction, services, plans, communication, and/or assessments to make curriculum/ supports accessible to all students for whom the educator has responsibility, including English learners and students with disabilities.

Individually and with colleagues, consistently adapts instruction, services, plans, communication, and/or assessments to make curriculum/supports accessible to all students for whom the educator has responsibility, including English learners and students with disabilities. Is able to model this element.

Standard III: Family and Community Engagement. Promotes the learning and growth of all students through effective partnerships with families, caregivers, community members, and organizations.

Indicator III-A.

Engagement: Welcomes and encourages every family to become active participants in the classroom and school community.

III-A. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

III-A-1.

Parent/Family Engagement

Does not welcome families to become participants in the classroom and school community or actively discourages their participation.

Makes limited attempts to involve families in school and/or classroom activities, meetings, and planning.

Uses a variety of strategies to support families to participate actively and appropriately in the classroom and school community.

Successfully engages most families and sustains their active and appropriate participation in the classroom and school community. Is able to model this element.

Indicator III-B.      Collaboration: Collaborates with families to create and implement strategies for supporting student learning and development both at home and at school.

III-B. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

III-B-1. Learning Expectations

Does not inform parents about learning, behavior, and/or wellness expectations.

Sends home only a list of rules/expectations and an outline of the student learning, behavior, or wellness plan for the year.

Consistently provides parents with clear, user-friendly expectations for student learning, behavior, and/or wellness.

Successfully conveys to most parents clear, user-friendly student learning, behavior, and wellness expectations. Is able to model this element.

III-B-2. Student Support

Rarely, if ever, communicates with parents on ways to support learning and development at home or at school.

Sends home occasional suggestions on how parents can support learning and development at home or at school.

Regularly communicates with parents to create, share, and/or identify strategies for supporting learning and development at school and home.

Regularly communicates with parents to share and/or identify strategies for supporting learning and development at school and home, successfully encourages most families to use at least one of these strategies, and seeks out evidence of their impact. Is able to model this element.

Indicator III-C .          Communication: Engages in regular, two-way, and culturally proficient communication with families about student learning, behavior and wellness.

III-C. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

III-C-1. Two-Way Communication

Rarely communicates with families except through required reports; rarely solicits or responds promptly to communications from families.

Relies primarily on sharing general information and announcements with families through one-way media and usually responds promptly to communications from families.

Regularly uses two-way communication with families about student learning, behavior, and wellness; responds promptly and carefully to communications from families.

Regularly uses a two-way system that supports frequent, proactive, and personalized communication with families about individual student learning, behavior, and wellness. Is able to model this element.

III-C-2. Culturally Proficient Communication

Makes few attempts to respond to different family cultural norms and/or responds inappropriately or disrespectfully.

May communicate respectfully and make efforts to take into account different families’ home language, culture, and values, but does so inconsistently or does not demonstrate understanding and sensitivity to the differences.

Always communicates respectfully with families and demonstrates understanding of and sensitivity to different families’ home language, culture, and values.

Always communicates respectfully with families and demonstrates understanding and appreciation of different families’ home language, culture, and values. Is able to model this element.

Standard IV: Professional Culture. Promotes the learning and growth of all students through ethical, culturally proficient, skilled, and collaborative practice.

Indicator IV-A .          Reflection: Demonstrates the capacity to reflect on and improve the educator’s own practice, using informal means as well as meetings with teams and work groups to gather information, analyze data, examine issues, set meaningful goals, and develop new approaches in order to improve teaching and learning.

IV-A. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

IV-A-1. Reflective Practice

Demonstrates limited reflection on practice and/or use of insights gained to improve practice.

May reflect on the effectiveness of instruction, supports, and interactions with students but not with colleagues and/or rarely uses insights gained to improve practice.

Regularly reflects on the effectiveness of instruction, supports, and interactions with students, both individually and with colleagues, and uses insights gained to improve practice and student outcomes.

Regularly reflects on the effectiveness of instruction, supports, and interactions with students, both individually and with colleagues; and uses and shares with colleagues insights gained to improve practice and student outcomes. Is able to model this element.

IV-A-2. Goal Setting

Participates passively in the goal-setting process and/or proposes goals that are vague or easy to reach.

Proposes one goal that is vague or easy to achieve and/or bases goals on a limited self-assessment and analysis of student data.

Proposes challenging, measurable professional practice, team, and student learning goals that are based on thorough self-assessment and analysis of student data.

Individually and with colleagues builds capacity to propose and monitor challenging, measurable goals based on thorough self-assessment and analysis of student data. Is able to model this element.

Indicator IV-B.          Professional Growth: Actively pursues professional development and learning opportunities to improve quality of practice or build the expertise and experience to assume different instructional and leadership roles.

IV-B. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

IV-B-1. Professional Learning and Growth

Participates in few, if any, professional development and learning opportunities to improve practice and/or applies little new learning to practice.

Participates only in required professional development and learning activities and/or inconsistently or inappropriately applies new learning to improve practice.

Consistently seeks out and applies, when appropriate, ideas for improving practice from supervisors, colleagues, professional development activities, and other resources to gain expertise and/or assume different instruction and leadership responsibilities.

Consistently seeks out professional development and learning opportunities that improve practice and build expertise of self and other educators in instruction, academic support, and leadership. Is able to model this element.

Indicator IV-C.          Collaboration: Collaborates effectively with colleagues on a wide range of tasks.

IV-C. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

IV-C-1. Professional Collaboration

Rarely and/or ineffectively collaborates with colleagues; conversations often lack focus on student performance and/or development.

Does not consistently collaborate with colleagues in ways that support productive team effort.

Consistently and effectively collaborates with colleagues through shared planning and/or informal conversation in such work as: analyzing student performance and development and planning appropriate interventions at the classroom or school level.

Facilitates effective collaboration among colleagues through shared planning and/or informal conversation in such work as analyzing student performance and development and planning appropriate, comprehensive interventions at the classroom and school level. Is able to model this element.

IV-C-2. Consultation

Regularly provides inappropriate advice; does not provide advice and expertise to general education teachers or other colleagues unless prompted to do so; and/or fails to offer advice when appropriate.

Provides advice and expertise to support general education teachers and other colleagues to create appropriate and effective academic, behavioral, and social/emotional learning experiences for only some students for whom responsibility is shared, or sometimes provides advice that is inappropriate or poorly customized.

Regularly provides appropriate advice and expertise that is customized to support general education teachers and other colleagues to create appropriate and effective academic, behavioral, and social/emotional learning experiences for students for whom responsibility is shared.

Utilizes a variety of means to regularly provide advice and expertise that is customized to support general education teachers and other colleagues to successfully create appropriate and effective academic, behavioral, and social/emotional learning experiences for students. Is able to model this element.

Indicator IV-D.          Decision-Making: Becomes involved in schoolwide decision making, and takes an active role in school improvement planning.

IV-D. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

IV-D-1. Decision-Making

Participates in planning and decision making at the school, department, and/or grade level only when asked and rarely contributes relevant ideas or expertise.

May participate in planning and decision making at the school, department, and/or grade level but rarely contributes relevant ideas or expertise.

Consistently contributes relevant ideas and expertise to planning and decision making at the school, department, and/or grade level.

In planning and decision-making at the school, department, and/or grade level, consistently contributes ideas and expertise that are critical to school improvement efforts. Is able to model this element.

Indicator IV-E.          Shared Responsibility: Shares responsibility for the performance of all students within the school.

IV-E. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

IV-E-1. Shared Responsibility

Rarely reinforces schoolwide behavior and learning expectations for all students and/or makes a limited contribution to their learning by rarely sharing responsibility for meeting their needs.

Within and beyond the classroom, inconsistently reinforces schoolwide behavior and learning expectations for all students, and/or makes a limited contribution to their learning by inconsistently sharing responsibility for meeting their needs.

Within and beyond the classroom, consistently reinforces school-wide behavior and learning expectations for all students, and contributes to their learning by sharing responsibility for meeting their needs.

Individually and with colleagues, develops strategies and actions that contribute to the learning and productive behavior of all students at the school. Is able to model this element.

Indicator IV-F. Professional Responsibilities: Is ethical and reliable, and meets routine responsibilities consistently.

IV-F. Elements

Unsatisfactory

Needs Improvement

Proficient

Exemplary

IV-F-1. Judgment

Demonstrates poor judgment and/or discloses confidential student information inappropriately.

Sometimes demonstrates questionable judgment and/or inadvertently shares confidential information.

Demonstrates sound judgment reflecting integrity, honesty, fairness, and trustworthiness and protects student confidentiality appropriately.

Demonstrates sound judgment and acts appropriately to protect student confidentiality, rights and safety. Is able to model this element.

IV-F-2. Reliability & Responsibility

Frequently misses or is late to assignments, makes errors in records, and/or misses paperwork deadlines; frequently late or absent.

Occasionally misses or is late to assignments, completes work late, and/or makes errors in records.

Consistently fulfills professional responsibilities; is consistently punctual and reliable with paperwork, duties, and assignments; and is rarely late or absent from school.

Consistently fulfills all professional responsibilities to high standards. Is able to model this element.

Appendix    B – Salary Schedule

FY13 Teachers’ Salary Schedule (184 Day Work Year, 2% Increase) Effective 07/01/12

Lane

B0

B1

B2

B3

B4

B5

Step

BA

B+6

B+12

B+18

B+24

B+30

1

$ 40,796.54

$ 41,204.01

$ 41,616.36

$ 42,023.81

$ 42,432.50

$ 42,841.20

2

$ 42,382.49

$ 42,792.38

$ 43,201.07

$ 43,609.76

$ 44,019.66

$ 44,428.36

3

$ 43,970.86

$ 44,378.33

$ 44,788.22

$ 45,195.70

$ 45,605.61

$ 46,015.52

4

$ 45,556.80

$ 45,964.28

$ 46,374.18

$ 46,784.06

$ 47,192.77

$ 47,600.24

5

$ 47,141.52

$ 47,551.43

$ 47,962.56

$ 48,368.81

$ 48,777.49

$ 49,187.41

6

$ 48,728.69

$ 49,137.38

$ 49,544.85

$ 49,955.97

$ 50,365.88

$ 50,774.56

7

$ 50,315.87

$ 50,723.31

$ 51,132.01

$ 51,541.90

$ 51,950.61

$ 52,360.52

8

$ 51,901.80

$ 52,310.49

$ 52,720.39

$ 53,129.09

$ 53,536.55

$ 53,945.24

9

$ 53,487.75

$ 53,897.65

$ 54,307.55

$ 54,715.02

$ 55,123.71

$ 55,533.61

10

$ 55,073.69

$ 55,481.15

$ 55,889.84

$ 56,302.19

$ 56,712.08

$ 57,118.35

11

$ 56,660.86

$ 57,068.31

$ 57,478.21

$ 57,886.92

$ 58,295.60

$ 58,706.72

12

$ 58,246.78

$ 58,656.70

$ 59,064.15

$ 59,474.07

$ 59,881.54

$ 60,291.45

13

$ 59,833.97

$ 60,242.64

$ 60,651.32

$ 61,060.02

$ 61,469.91

$ 61,878.61

14

$ 64,824.80

$ 65,233.47

$ 65,643.38

$ 66,050.85

$ 66,459.54

$ 66,870.66

 

Lane

M0

M1

M2

M3

M4

M5

M6

M7

C1

Step

MA

M+6

M+12

M+18

M+24

M+30

M+45

M+60

C / D

1

$43,518.26

$ 43,929.38

$44,336.85

$44,745.53

$45,154.22

$45,564.12

$46,376.62

$47,192.77

$47,938.42

2

$45,106.65

$45,514.10

$45,922.80

$46,332.70

$46,742.60

$47,150.07

$47,965.02

$48,777.49

$49,518.91

3

$46,691.37

$47,100.05

$47,509.96

$47,918.64

$48,326.10

$48,737.25

$49,550.95

$50,365.88

$51,106.25

4

$48,278.54

$48,688.44

$49,097.12

$49,504.59

$49,912.04

$50,323.18

$51,136.89

$51,950.61

$52,688.30

5

$49,864.46

$50,275.61

$50,683.07

$51,090.54

$51,500.43

$51,910.36

$52,722.84

$53,536.55

$54,270.00

6

$51,449.20

$51,860.33

$52,267.79

$52,678.91

$53,085.15

$53,496.29

$54,311.23

$55,126.16

$55,853.82

7

$53,037.57

$53,446.26

$53,856.17

$54,262.42

$54,672.33

$55,082.23

$55,895.94

$56,712.08

$57,443.67

8

$54,624.75

$55,034.64

$55,440.90

$55,850.79

$56,258.25

$56,669.39

$57,481.88

$58,295.60

$59,030.12

9

$56,208.24

$56,619.36

$57,029.27

$57,436.74

$57,846.66

$58,254.11

$59,069.05

$59,881.54

$60,606.11

10

$57,795.39

$58,205.31

$58,613.99

$59,025.12

$59,431.37

$59,842.50

$60,654.98

$61,469.91

$62,195.25

11

$59,381.34

$59,792.47

$60,199.94

$60,608.62

$61,019.76

$61,428.45

$62,242.15

$63,055.86

$63,781.00

12

$60,970.95

$61,378.42

$61,787.10

$62,195.79

$62,604.48

$63,011.94

$63,828.09

$64,643.02

$65,373.48

13

$62,553.22

$62,965.58

$63,374.26

$63,782.95

$64,190.43

$64,599.10

$65,415.26

$66,228.97

$66,950.86

14

$67,542.85

$67,951.54

$68,361.44

$68,770.13

$69,177.59

$69,586.28

$70,402.42

$71,216.13

$71,928.30

Appendix    B – Salary Schedule

FY14 Teachers’ Salary Schedule (184 Day Work Year, 2% Increase) Effective 07/01/13

Lane

B0

B1

B2

B3

B4

B5

Step

BA

B+6

B+12

B+18

B+24

B+30

1

$41,612.47

$42,028.09

$42,448.68

$42,864.28

$43,281.15

$43,698.03

2

$43,230.14

$43,648.22

$44,065.09

$44,481.96

$44,900.05

$45,316.93

3

$44,850.28

$45,265.90

$45,683.98

$46,099.61

$46,517.72

$46,935.83

4

$46,467.94

$46,883.57

$47,301.66

$47,719.75

$48,136.62

$48,552.24

5

$48,084.35

$48,502.46

$48,921.81

$49,336.18

$49,753.04

$50,171.16

6

$49,703.27

$50,120.13

$50,535.74

$50,955.09

$51,373.19

$51,790.05

7

$51,322.18

$51,737.78

$52,154.65

$52,572.73

$52,989.62

$53,407.73

8

$52,939.84

$53,356.70

$53,774.80

$54,191.67

$54,607.28

$55,024.14

9

$54,557.50

$54,975.60

$55,393.71

$55,809.32

$56,226.18

$56,644.29

10

$56,175.16

$56,590.77

$57,007.64

$57,428.24

$57,846.32

$58,260.71

11

$57,794.07

$58,209.67

$58,627.78

$59,044.66

$59,461.51

$59,880.86

12

$59,411.72

$59,829.84

$60,245.43

$60,663.55

$61,079.17

$61,497.27

13

$61,030.64

$61,447.49

$61,864.35

$62,281.22

$62,699.31

$63,116.18

14

$66,121.30

$66,538.14

$66,956.24

$67,371.87

$67,788.73

$68,208.07

 

Lane

M0

M1

M2

M3

M4

M5

M6

M7

C1

Step

MA

M+6

M+12

M+18

M+24

M+30

M+45

M+60

C / D

1

$44,388.62

$44,807.97

$45,223.59

$45,640.44

$46,057.30

$46,475.41

$47,304.15

$48,136.62

$ 48,897.19

2

$46,008.79

$46,424.39

$46,841.25

$47,259.36

$47,677.45

$48,093.07

$48,924.32

$49,753.04

$50,509.29

3

$47,625.19

$48,042.05

$48,460.16

$48,877.01

$49,292.62

$49,712.00

$50,541.97

$51,373.19

$52,128.38

4

$49,244.11

$49,662.20

$50,079.06

$50,494.68

$50,910.28

$51,329.64

$52,159.63

$52,989.62

$53,742.07

5

$50,861.75

$51,281.12

$51,696.73

$52,112.35

$52,530.44

$52,948.57

$53,777.30

$54,607.28

$55,355.40

6

$52,478.18

$52,897.54

$53,313.14

$53,732.49

$54,146.85

$54,566.21

$55,397.45

$56,228.68

$56,970.90

7

$54,098.32

$54,515.18

$54,933.30

$55,347.67

$55,765.77

$56,183.88

$57,013.86

$57,846.32

$58,592.54

8

$55,717.25

$56,135.33

$56,549.71

$56,967.81

$57,383.42

$57,802.78

$58,631.51

$59,461.51

$60,210.73

9

$57,332.41

$57,751.75

$58,169.86

$58,585.48

$59,003.59

$59,419.19

$60,250.43

$61,079.17

$61,818.23

10

$58,951.30

$59,369.42

$59,786.27

$60,205.62

$60,620.00

$61,039.35

$61,868.08

$62,699.31

$63,439.16

11

$60,568.97

$60,988.32

$61,403.94

$61,820.80

$62,240.15

$62,657.02

$63,487.00

$64,316.98

$65,056.62

12

$62,190.37

$62,605.99

$63,022.84

$63,439.70

$63,856.57

$64,272.18

$65,104.65

$65,935.88

$66,680.95

13

$63,804.29

$64,224.89

$64,641.75

$65,058.60

$65,474.23

$65,891.08

$66,723.57

$67,553.55

$68,289.88

14

$68,893.71

$69,310.57

$69,728.67

$70,145.54

$70,561.15

$70,978.00

$71,810.47

$72,640.46

$73,366.86

Appendix    B – Salary Schedule

FY15 Teachers’ Salary Schedule (184 Day Work Year, 2% Increase) Effective 07/01/14

Lane

B0

B1

B2

B3

B4

B5

Step

BA

B+6

B+12

B+18

B+24

B+30

1

$ 42,444.72

$ 42,868.65

$ 43,297.66

$ 43,721.57

$ 44,146.77

$ 44,571.99

2

$ 44,094.74

$ 44,521.19

$ 44,946.39

$ 45,371.60

$ 45,798.05

$ 46,223.27

3

$ 45,747.29

$ 46,171.22

$ 46,597.66

$ 47,021.61

$ 47,448.07

$ 47,874.54

4

$ 47,397.30

$ 47,821.24

$ 48,247.69

$ 48,674.14

$ 49,099.36

$ 49,523.29

5

$ 49,046.04

$ 49,472.51

$ 49,900.25

$ 50,322.91

$ 50,748.10

$ 51,174.58

6

$ 50,697.33

$ 51,122.53

$ 51,546.46

$ 51,974.19

$ 52,400.66

$ 52,825.85

7

$ 52,348.63

$ 52,772.54

$ 53,197.74

$ 53,624.19

$ 54,049.41

$ 54,475.88

8

$ 53,998.64

$ 54,423.83

$ 54,850.30

$ 55,275.50

$ 55,699.42

$ 56,124.63

9

$ 55,648.65

$ 56,075.11

$ 56,501.58

$ 56,925.51

$ 57,350.70

$ 57,777.17

10

$ 57,298.66

$ 57,722.58

$ 58,147.79

$ 58,576.80

$ 59,003.25

$ 59,425.93

11

$ 58,949.96

$ 59,373.87

$ 59,800.33

$ 60,225.55

$ 60,650.74

$ 61,078.47

12

$ 60,599.95

$ 61,026.43

$ 61,450.34

$ 61,876.82

$ 62,300.75

$ 62,727.22

13

$ 62,251.26

$ 62,676.44

$ 63,101.63

$ 63,526.84

$ 63,953.30

$ 64,378.50

14

$ 67,443.73

$ 67,868.90

$ 68,295.37

$ 68,719.31

$ 69,144.50

$ 69,572.23

 

Lane

M0

M1

M2

M3

M4

M5

M6

M7

C1

Step

MA

M+6

M+12

M+18

M+24

M+30

M+45

M+60

C / D

1

$45,276.40

$45,704.13

$46,128.06

$46,553.25

$46,978.45

$47,404.91

$48,250.23

$49,099.36

$49,875.13

2

$46,928.96

$47,352.87

$47,778.08

$48,204.55

$48,631.00

$49,054.93

$49,902.81

$50,748.10

$51,519.47

3

$48,577.70

$49,002.89

$49,429.36

$49,854.55

$50,278.48

$50,706.24

$51,552.81

$52,400.66

$53,170.95

4

$50,228.99

$50,655.45

$51,080.64

$51,504.57

$51,928.48

$52,356.24

$53,202.82

$54,049.41

$54,816.91

5

$51,878.99

$52,306.74

$52,730.66

$53,154.59

$53,581.05

$54,007.54

$54,852.84

$55,699.42

$56,462.51

6

$53,527.75

$53,955.49

$54,379.41

$54,807.14

$55,229.79

$55,657.54

$56,505.40

$57,353.25

$58,110.32

7

$55,180.29

$55,605.48

$56,031.96

$56,454.62

$56,881.09

$57,307.56

$58,154.13

$59,003.25

$59,764.39

8

$56,831.59

$57,258.04

$57,680.71

$58,107.17

$58,531.09

$58,958.84

$59,804.14

$60,650.74

$61,414.94

9

$58,479.06

$58,906.79

$59,333.25

$59,757.18

$60,183.66

$60,607.57

$61,455.44

$62,300.75

$63,054.59

10

$60,130.33

$60,556.81

$60,982.00

$61,409.73

$61,832.40

$62,260.14

$63,105.44

$63,953.30

$64,707.94

11

$61,780.35

$62,208.09

$62,632.02

$63,057.21

$63,484.95

$63,910.16

$64,756.74

$65,603.32

$66,357.75

12

$63,434.18

$63,858.11

$64,283.30

$64,708.49

$65,133.70

$65,557.62

$66,406.75

$67,254.60

$68,014.57

13

$65,080.37

$65,509.39

$65,934.58

$66,359.78

$66,783.72

$67,208.90

$68,058.04

$68,904.62

$69,655.68

14

$70,271.58

$70,696.79

$71,123.24

$71,548.45

$71,972.37

$72,397.56

$73,246.68

$74,093.27

$74,834.20

Appendix C – Co-Curricular Activities

Location

Position

Year 1 (12-13)

Year 2 (13-14)

Year 3 (14-15)

District

Mentor Program

 

 

 

 

Steering Committee Co-Chairs

$1,750 each

$1,750 each

$1,750 each

 

Mentors (per mentee)

$500

$500

$500

District

Summer School Teacher

$50 per hour

$50 per hour

$50 per hour

 

Summer School Director

$50 per hour

$50 per hour

$50 per hour

GHS

Student Council Advisor

$554.35 each

$1600

$1630

GHS

Senior Class Advisor

$1,663.04 each

$4000

$4080

GHS

Junior Class Advisor

$1,219.56 each

$3000

$3060

GHS

Sophomore Class Advisor

$776.08 each

$2000

$2040

GHS

Freshman Class Advisor

$776.08 each

$2000

$2040

GHS

Newsletter/Newspaper

$277.17

 

 

GHS

Literary magazine

$665.22

 

 

GHS

Newsletter/Newspaper/Literacy Magazine

 

$1000

$1020

GHS

Yearbook Advisor

$1,663.04

$2000

$2040

GHS

Yearbook Editor

 

$500

$510

GHS

Yearbook Assistant

$1,108.69

 

 

GHS

SADD Advisor

$332.61

$500

$510

GHS

Gay-Straight Alliance

 

$500

$510

GHS

Women in Technology

 

$500

$510

GHS

Women’s Choir

$665.22

$700

$710

GHS

Debate Club Advisor

$1,940.21

$500

$510

GHS

Drama Club Advisor

$1108.69

$500

$510

GHS

Director, Musical or Play

$1,330.43

$1800

$1840

GHS

Musical Director

$831.52

$1000

$1020

GHS

Chorus

$665.22

$900

$920

GHS

Symphonic Band

$1,108.69

$1500

$1530

GHS

Marching Band

$2,771.73

$3200

$3260

GHS

Assistant Marching Band

$1,552.17

$1500

$1530

GHS

Color Guard

$2,660.86

$2900

$2960

GHS

Marching Percussion

$2,660.86

$2900

$2960

GHS

Jazz Band

$554.25

$700

$710

GHS

Business Manager (Play)

$800

$800

$820

GHS

Business Manager (Musical)

$800

$800

$820

GHS

Choreographer (Musical)

$600

$800

$820

GHS

Jazz Band II

$554.35

$550

$560

GHS

National Honor Society Advisor

$400

$600

$610

GHS

Piano Accompanist (Musical)

$600

$600

$610

GHS

Peer Advisor

$332.61

$500

$510

GHS

Set Designer (Play)

$2,000

$800

$820

GHS

Set Designer (Musical)

$2,000

$800

$820

GHS

Detention Supervisor

$5,000

$5,000

$5100

GHS

Piano Accompanist (Chorus)

$221.74

$600

$610

GHS

Department Heads + Per Teacher

$1,108.69 $221.74

$1200 $200

$1220 $200

GHS

Non-specified Co-Curricular (up to 4 positions @ $500 each for yr. 2 and $150 each for yr. 3)

$1,995

$2000

$2040

GMS

Art Club

$600

$500

$510

GMS

Chorus

$554.35

$600

$610

GMS

History Club

$332.61

$500

$510

GMS

Environmental School Advisor(6th Grade)

$332.61

$350

$360

GMS

World Language Club

$332.61

$350

$360

GMS

Director, Musical or Play

$831.52

$900

$920

GMS

Musical Director (Musical)

$332.61

$500

$510

GMS

Band

$554.35

$750

$770

GMS

Jazz Band

$554.35

$750

$770

GMS

Singers

$277.17

$400

$410

GMS

Piano Accompanist

$554.35

$600

$610

GMS

Detention Supervisor

$2,500

$3000

$3060

GMS

Yearbook Advisor

$332.61

$500

$510

GMS

Forensics Club

 

$350

$360

GMS

Student Government

 

$350

$360

GMS

Non-specified Co-Curricular (up to 4 positions @ $500 each for yr. 2 and $510 each for yr. 3)

 

$2000

$2040

ESS

Stage and Props

$500

$500

$510

ESS

Recorder Club

$500

$500

$510

ESS

Band

$1,108.69

$1200

$1220

ESS

Chorus

$665.22

$700

$710

ESS

Piano Accompanist

$221.74

$400

$410

ESS

Director, Musical or Play

$831.52

$900

$920

ESS

Intramurals (2 seasons)

$1,400

$1,400

$1,430

ESS

Intramurals (3 seasons)

$2,000

$2,000

$2,040

ESS

Peer Mediation Advisor

$1,510.87

$1600

$1630

Amount shown for each position represents the total amount, either shared or individual.   Joint applications will be considered.

Any change to the positions or stipends listed above will be subject to Article XX, Section V.

GARDNER PUBLIC SCHOOLS

Teachers (See GEA Recognition Clause)

Personal Day Notification Form

Name:___________________________                                     Today’s Date:____________________

Position:_________________________                                      Date(s) Requested:___________________

Building:

[…] Gardner High School

[…] Gardner Middle School

[…]  Elm Street School

[…] Prospect School

[…] H.M. Sauter School

[…] Waterford School

[…] District

Employee’s Signature:________________________                 Date:________________

Principal’s Signature:_________________________                  Date:_______________

Comments:__________________________________________________________

For district-wide personnel only:

Supervisor’s Signature:_________________________            Date:_______________

Comments:_____________________________________________________________

1. Notice must be given to your principal/immediate supervisor at least two business days prior to the date(s) requested.

2.  In case of an emergency, the principal/immediate supervisor may waive the notification requirement.

Original - District (White)          Copy 1 - Principal (Yellow)             Copy 2 - Employee (Pink

CITY OF GARDNER

Application for Family or Medical Leave

Employee’s Name: ____________________________        Department: _________________________

Current Address: ______________________________________________________________________

Start Date of Anticipated Leave: ___________________________________________________________

Expected Date of Return to Work: __________________________________________________________

Reason for Leave (Explain): _______________________________________________________________

_____________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

_____________________________________________________________________________________

Note: A leave request based on an employee's own serious health condition or the serious health condition of an employee's spouse, child or parent must be accompanied by a verifying medical certification from a physician.

I hereby authorize  The  City  of  Gardner  to  contact  my  physician  to  verify the  reason  for  my requested leave or for any other information concerning my requested family or medical leave.

I understand  that a failure to  return  to  work  at  the  end of  my leave period  may be treated as a resignation unless an extension has been agreed upon and approved in writing by The City of Gardner.

Employee’s Signature: ___________________________           Date: ______________________

Approved By:______________________

Supervisor: ____________________________________          Date: ______________________

Personnel Director: ______________________________          Date: ______________________

Your Rights

Under The

Family and Medical Leave Act of 1993

PMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for a covered

Reason For Taking Leave:

Unpaid leave must be granted for any of the following reasons:

•    to care for the employee's child after birth, or placement for adoption or foster care;

•   to care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or

•    for a serious health condition that makes the employee unable to perform the employee's job.

At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.

Advance Notice and Medical Certificatfdnw  i

The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements arc not met.

•    The employee ordinarily must provide 3 days advance notice when the leave is "foreseeable."

•    An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work.

• Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

•    The  use of FMLA  leave cannot  result  in  the  loss of  any employment  benefit  that  accrued  prior  to  the  start  of  an employee's leave.

Unlawful Acts0 By Employers:

FMLA makes it Unlawful for any employer to:

employer for at least one year, and for 1,250 hours the previous 12 months, and if there are at least 50 employees within 75 miles.

•  interfere with, restrain, or deny the exercise of any right provided under FMLA:

•  discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA

Enforcement

•  The  U.S. Department of Labor is authorized to investigate and resolve complaints of violations.

•    An eligible employee may bring a civil action against an employer for violations.

FMLA. does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

Job Benefits, and Protection:                                                 For additional Information:

•   For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan." '

Contact the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor.

______________________________________

Employment Standards Administration                                WH publication 1420

Wage and Hour Division

Washington, D.C. 20210

CITY OF GARDNER

Family or Medical Leave

Policy

The City of Gardner (hereinafter "the City") grants Family or Medical Leave in accordance with the terms of this policy. Without City permission, an employee may not work for any other company during his or her Family or Medical leave of absence from the City.

A.  MEDICAL LEAVE OF ABSENCE

1. Scope. This type of leave permits an employee to take up to 12 weeks of leave in any given 12-month period.

2. Terms And Conditions Of Leave.

a.  Medical leaves of absence are available only to employees who have been on the City payroll for a period of 12 months and who have worked at least 1250 hours in the preceding 12 months.

b. A medical leave of absence will be granted to an employee upon request supported by a medical certification indicating that the employee has a serious health condition. Medical leaves are permitted only for periods of actual medically necessitated absence. While on medical leave, the employee must regularly report to the City concerning his or her medical status in accordance with the certification provisions of this policy.

c.  The City will measure the 12-month period under this policy as a "rolling" 12 months measured backward from the date an employee uses any leave under this policy. Therefore, leave taken under the medical leave provisions or the family leave provisions of this policy within the 12 preceding months will reduce the amount of leave entitlement under this provision.

d. If an employee has accumulated vacation or other paid leave, the City requires the employee to use paid leave concurrently, with the remainder of the leave period as unpaid leave, if paid leave is exhausted.

B.   FAMILY LEAVE

1. Scope. A family leave of absence for a definite period of time not to exceed 12 weeks in any given 12-month period, maybe granted for the following reasons:

a.  In order to care for the employee's child born within the preceding 12 months. However, such leave must be concluded within 12 months of the birth of the child.

b.  In order for the employee to secure the placement of a child with him or her through adoption or foster care. Such leave also is available in order to care for a child who has been placed with the employee through adoption or foster care, but only within 12 months of the placement of the child with the employee.

c.   In order to care for the spouse, child or parent of the employee, if such spouse, child or parent has a serious health condition.

2. Terms And Conditions of Leave.

a.  A family leave of absence is available only to an employee who has been on the City's payroll for 12 months and who has worked 1250 hours during the 12-month period preceding the commencement of the leave.

b. The City will measure the 12-month period under this policy as a "rolling" 12 months measured backward from the date an employee uses any leave under this policy. Therefore, leave taken under the medical leave provisions or the family leave provisions of this policy within the 12 preceding months will reduce the amount of leave entitlement under this provision.

c.  If an employee has accumulated vacation or other paid leave, the City encourages the employee to use paid leave concurrently, with the remainder of the leave period as unpaid leave, if paid leave is exhausted.

d. A husband and wife who are both employed by the City may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken for the birth of the employees' child, for the placement of a child with the employees through adoption or foster care, or to care for a parent with a serious health condition.

C     TERMS AND DEFINITIONS

1.  The term "disability" as used in this policy means a physical or mental impairment that substantially limits the employee in a major life activity.

2.  The term "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves (a) inpatient care in a hospital, hospice, or residential medical care facility or (b) continuing treatment by a health care provider as defined by the Department of Labor in the Family Medical Leave Act.

D.   NOTICE AND CERTIFICATION

1.  A request for leave under this policy should be made by completing an application for medical or family leave, which is available from your supervisor or the City Office of Personnel. For any medical or family leave that is foreseeable (including intermittent and reduced leave schedule), an employee must provide at least a 30-day advance written notice of the need and reasons for such leave. If a 30-day advance written notice is not practicable because of unforeseen circumstances, notice must be given as soon as practicable. If an employee fails to give timely advance notice when the need for leave is foreseeable the City may deny the leave until 30 days after such notice is given.

2.  To the extent a paid leave of absence under workers' compensation can be considered FMLA-qualifying, the City may count the leave of absence against the employee's leave entitlement under this policy. However, in such a situation, the provision in Sections A and B of this policy requiring substitution of accumulated vacation or other paid leave is not applicable.

3. An employee who requests leave (a) to care for his or her spouse, child, or parent, or (b) because of his or her own serious health condition or disability must furnish medical certification justifying the need for the leave. Medical certification should be provided on the Physician Certification for Family or Medical Leave Form given to the employee at the time he or she requests leave. This form must be filled out in its entirety by the appropriate health care provider and should be signed by the health care provider and the employee. When the need for leave is foreseeable and at least 30 days' notice has been provided, the employee must provide medical certification to the City prior to the time the leave commences. However, when the need for leave is not foreseeable (i.e., the employee is unable to give 30 days' notice), the employee must provide medical certification to the City within 15 days of the request, or provide a reasonable explanation for any delay. If the employee fails to provide the required medical certification in a timely manner, the City may deny leave until such certification is submitted.

4. Recertification of the employ's or family member's medical condition may be required by the City as often as every 30 days. At any time, if the employee requests an extension of leave, the circumstances described by the original certification have changed significantly, or the City receives information that casts doubt upon the continuing validity of the original certification, the City may require recertification of the employee's or family member's medical condition.

5. An employee on leave may be required to periodically report on his or her intent to return to work. If the employee gives unequivocal notice of intent not to return to work, the employee's employment will be terminated and the employee's entitlement to reinstatement and health benefits will cease.

6. Prior to being reinstated to his or her job, an employee on medical leave must submit certification that he or she is fit for duty and able to perform the essential functions of his or her position.

E.    INTERMITTENT LEAVE AND REDUCED LEAVE SCHEDULE

1.  An employee may take leave intermittently or on a reduced schedule only where medically necessary or where agreed to by the City.

2.  If intermittent leave or a reduced leave schedule is medically necessary as a result of the employees own serious health condition or the serious health condition of the employee's spouse, child, or parent, the employee is required to provide certification from a health care provider of the medical necessity of such leave.

F.    REINSTATEMENT

1. An employee returning from a family leave or from a medical leave not exceeding 12 weeks is entitled to reinstatement to his or her former position, if available, provided the employee furnishes a fitness-for-duty certification. If the employee's former position is not available, the employee will be reinstated to a position with equivalent employment benefits, pay and other terms and conditions of employment. Refusal of an offer to reinstatement will be treated as a voluntary resignation. An employee returning from a family or medical leave of absence exceeding 12 weeks will be restored to an available position for which he or she is qualified. However, there is no guarantee of reinstatement for an employee on leave of absence that exceeds 12 weeks.

TERMINATION

1. An employee who does not return to work after remaining on medical leave for 12 weeks or on family leave for 12 weeks is subject to termination. An individual investigation will be conducted by the City in each such situation to determine if some reasonable accommodation can be made without causing an undue hardship to the City.

2. An employee who does not return from a leave of absence within two business days of when the leave expires or who does not provide a physician's note extending the leave will be considered to have voluntarily resigned, absent extenuating circumstances.

H.   BENEFITS WHILE ON LEAVE

1.  An employee is not paid during any period of absence covered by this policy (except to the extent accrued paid leave is used concurrently during this unpaid leave). Furthermore, no benefits except group health insurance will continue while an employee is on any type of leave of absence, except to the extent such benefits are provided to individuals on other types of leave in accordance with established City policy. An employee on leave of absence shall continue to be covered for up to 12 weeks under the City's group health care plan. If an employee on leave under this policy chooses not to continue group health coverage during the leave, then upon return from leave, the employee will be reinstated to group health coverage on the same terms as prior to having taken the leave.

2. If, without reasonable explanation, an employee on leave fails to return to work after the leave expires, the City may recover all health care premiums paid in order to continue group health plan coverage for that employee.

3.  To the extent the City's group health care plan requires participants to pay some portion of their health insurance premiums, an employee on leave under this policy who chooses to continue his or her coverage under the City's group health plan must continue to pay the employee share of premiums— that is, the employee must pay the same share of premiums for coverage that he or she would be required to pay if not on leave, on the same due dates that would be applicable if he or she were not on leave.

4.  If payment of the employee share of premiums is not received within 30 days of the due date, the City reserves the right to cancel the employee's health insurance coverage. At least 15 days prior to cancellation, the City will notify the employee in writing that coverage will be cancelled on a specific date unless payment is received by that date.

5.  Notwithstanding paragraph 2 of this section, if the City paid part or all of a health care premium that was required to be paid by an employee on leave, the City is entitled to recover the employee's share of such premium.

I acknowledge the receipt of the City of Gardner's Policy and Procedures for Family or Medical Leave. Name: ____________________________________       Department: __________________

Signature: _________________________________       Date: _______________________

Please sign and return this portion of the Policy to your Department Head who will then forward it to the Personnel Office. Thank you.

CITY OF GARDNER

Physician Certification For Family or Medical Leave

This form contains medical-related information and must be maintained in files separate from employee personnel files in locked cabinets with only designated persons having access.

To be Completed by Employee

Name___________________________________________Title_________________________________

Department ________________:_____________,______Employee Payroll #_______________________

Status             [   ] Full-Time           [   ]  Part-Time       [   ]   Temporary     Date  __________/_______/____

The Patient is:      [   ]  Self             [   ]   Spouse           [   ] Parent           [   ]  Child

 Patient's name (if different from employee):________________________________

•   I am requesting leave from ________________until ________________or an intermittent or reduced schedule on the following dates:_______________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

•   (If applicable) I will be providing the following care/services for a family member with a serious health condition on the following dates:___________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

•   (If applicable) The essential functions of my job are (or attach job description).

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Medical Release: I authorize the release of any* medical information necessary to process the above request.

Patient's signature:____________________________________           Date:___________________

* The information sought on this form relates only to the condition for which the employee is taking FMLA leave.

The remainder of this form is to be completed by an authorized health care provider in order to verify the necessity of Family or Medical Leave as requested by the above employee. Under the Family and Medical Leave law, an authorized health care provider is:

• any health care provider recognized by the employer or the employer's group health plan

• a doctor of medicine or osteopathy authorized to practice medicine or surgery by the state in which he or she practices

• podiatrists, dentists, clinical psychologists, optometrists and chiropractors (limited to manual manipulation for the spine to correct a subluxation found by X-ray to exist) authorized to practice, and performing within the scope of their practice, under state law

• nurse practitioners, nurse-midwives and clinical social workers authorized to practice, and performing within the scope of their practice, as defined under state law, or

• Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, MA.

The information sought on this form relates only to the condition for which the employee is taking FMLA leave. Please read the six definitions on page four before completing this form.

After receiving this completed form, the employer is not permitted to contact the health care provider for additional information. A health care provider representing the employer may contact the health care provider for clarification of information contained on this form.

1.    Page four describes what is meant by a "serious health condition" under the Family and Medical Leave   Act. Does the patient's condition-qualify under any of the categories described? If so, please check the      applicable category.

• (1)     • (2)     • (3)     • (4)     • (5)     •, (6)    or    •None of the above

2.    Describe the medical facts which support your certification, including a brief statement as to how the medical facts meet the criteria of one of these categories:___________________________________

______________________________________________________________________________________

______________________________________________________________________________________

3.   a. State the approximate date the condition commenced and the probable duration of the condition (and also the probable duration of the patient's present incapacity, if different):_____________________

______________________________________________________________________________________

______________________________________________________________________________________

b.  Will it be necessary-for the employee to take work only intermittently or to work on a less than full schedule as a result of the condition (including for treatment described in Item 4 below)?

• Yes      •   No

If yes, give probable duration:___________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

c.  If the condition is a chronic condition (Category #4) or pregnancy, state whether the patient is presently incapacitated and the likely duration and frequency of episodes of incapacity (see page 4):

4.    a. If additional treatments will be required for the condition, provide an estimate of the probable number of such treatments._________________________________________________________________

b.  If any of these treatments will be provided by another provider of health services (e.g., physical therapist), please state the nature of the treatments:_____________________________________

______________________________________________________________________________________

c.  If a regimen of continuing treatment by the patient is required under your supervision, provide a general description of such regimen (e.g., prescription drugs, physical therapy requiring special equipment):______________________________________________________________

______________________________________________________________________________________

5.    a. If medical leave is required for the employee's absence from work because of the employee's own condition (including absence due to pregnancy or .a chronic condition), is the employee unable to perform work of any kind?

• Yes        • No

b.  If able to perform some work, is the employee unable to perform any one or more of the essential functions of the employee's job (the employee or the employer should supply you with information about the essential job functions)?         • Yes        • No

If yes, please use the essential functions the employee is unable to perform:____________________

______________________________________________________________________________________

______________________________________________________________________________________

c.  If neither a. nor b. applies is it necessary for the employee to be absent from work for treatment?

• Yes            •   No

6.   a. If leave is required to care for a family member of the employee with a serious health condition, does the patient

require assistance for the basic medical, personal, safety, or transportation needs?

• Yes        • No

b.  If no, would the employee's presence to provide psychological comfort be beneficial to the patient or assist in the patient's recovery?  

• Yes       •   No

c.  If the patient will need care only intermittently or on a part-tune basis, please indicate the probable duration of this need:____________________________________________________________

______________________________________________________________________________________

Physician or Authorized Health Care Signature__________    Date   ______    Type of Practice_________

______________________________________________________________________________________

Physician or Authorized Health Care Provider Printed Name

Office Mailing Address _____________________________Phone # (___________________________)

A Serious Health Condition

A "Serious Health Condition" means an illness, injury, impairment, or physical or medical condition that involves one of the following:

1.    Hospital Care

Inpatient  care (i.e.  an overnight  stay)  in a  hospital, hospice  or  residential  medical care  facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

2.    Absence Plus Treatment

(a) A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period on incapacity relating to the same condition), that also involves:

(1)   Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under • orders of, or on referral by, a health care provider, or

(2)   Treatment by a health care provider on a least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

3.    Pregnancy

Any period of incapacity due to pregnancy, or for prenatal care.

4.    Chronic Conditions Requiring Treatments A chronic condition which:

(1)  Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;

(2)  Continues over an extended period of tune (including recurring episodes of a sample underlying condition); and

(3)  May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

5.    Permanent/Long-term Conditions Requiring Supervision

A period of incapacity which is permanent or long-term due to a condition for which treatment may not be     effective. The employee or family member must be under the continuing supervision of, but need not be receiving       active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages     of a disease.

6.    Multiple Treatments (Non-Chronic Conditions)

Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, or treatment, such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), kidney disease (dialysis).

CITY OF GARDNER

 Medical Certification Statement

Employee's name:_____________________________________________________________________

Date condition began: :_________________________________________________________________

Date condition ended (or is expected to end): :______________________________________________

Medical facts regarding the condition: :___________________________________________________

Restrictions:

LIFTING

POSITIONS

PUSHING PULLING

No Lifting

No work requiring repeated stooping

Pushing or pulling with a

Lifting with a

No crawling, kneeling or cramped

Limit of 1 - 5 lbs

Limit of 1 - 5 lbs

Positions

Limit of 6-101bs

Limit of 6-10 lbs

No continuous walking or standing

Limit of 11-25 lbs

Limit of 11-25 lbs

to exceed 50% of total work time

Limit of 25-40 lbs

Limit of 25-40 lbs

No continuous sitting

Limit of 41-75 lbs

Limit of41-75 lbs

DEXTERITY

No pushing or pulling

No reaching ABOVE shoulders

No exposure to vibrating tools

CLIMBING

No reaching BELOW shoulders

No constant fingering

No work requiring repeated

OTHER

No repetitive wrist motion

or frequent stair climbing

No driving or operating a vehicle

 

 

Other restrictions: _______________________________________________________________________

______________________________________________________________________________________

Patient disposition       •     Return to Supervisor; no restrictions

•    Return to Supervisor with restrictions (above) for ____________     days

•     Return to Supervisor; send home (employee can return to work

•      Follow up appointment on   ________________  with_________________

Medical Provider Signature: _________________________    Date: _____________________________

Printed Name of Medical Provider & Address: ________________________________________________

Medical Release:

I authorize the release of any medical information necessary to the City of Gardner to process the above request.

Patient’s Signature: ___________________________________      Date: ______________________

CITY OF GARDNER

Medical Certification Statement (Employee's Own Serious Illness)

Employee's name: ________________________________________________________________

Date condition began: _____________________________________________________________

Date condition ended (or is expected to end): ___________________________________________

Medical facts regarding the condition: _______________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Explanation of extent to which employee is unable to perform the function of his or her job:

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Health care provider signature:

Date: ______________________________ ,           Office Phone: _______________________

Medical Release:    I authorize the release of any medical information necessary to process the above request.

Patient's signature___________________:      Date: _______________________

CITY OF GARDNER

Notice of Intention to Return From Leave

Employee's name: __________________________________________________________

Supervisor: _______________________________________________________________

Date leave commenced: _____________________________________________________

Date of planned return: _____________________________________________________

I understand that my restoration to employment is subject to the following conditions:

1.   As a condition of restoration, each employee must provide a written certification from his or her health care provider that the employee is able to resume working.

2.   Every attempt will be made to restore the employee returning from leave to his or her original position. If the employee's original position is unavailable, the employee will be placed in an equivalent position with equivalent pay and benefits.

Employee's signature: ________________________________        Date:

I have examined [employee] and can certify that she/he is frilly able to resume working.

Health care provider's signature:   ______________                    Date:______________________

Health care provider's name (please print) Health care provider's office phone: __________________