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Canton Teachers Association - Unit A - Sept. 1 2019 - August 31 2022
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AGREEMENT between the CANTON SCHOOL COMMITTEE and the CANTON TEACHERS' ASSOCIATION September 1, 2019 - August 31, 2022
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ARTICLE Il I IV VI Vil Vil IX XI XII XIII XIV XV XVI XVII XVII XIX TABLE OF CONTENTS NAME PAGE Preamble... ccccceceseeececeeesenseeeeeceeesteeeeeeseueseceeenceusenss 1 ReCORMITION. 00. cece ee teceeteeeu reese eeeeeesueseeeneeeneeavass 1 Management Rights........... 0 eceeeceecceeecenseeeeceeeeeneeraeeens 2 Members’ Rights......... 0.0... cccceesceccussueeeeeseeeeeuseuscensenenas 2 No Strike Clause..........ciiccecccscecsseceeseeneeteesseuveeueeeeasesens 3 Grievance and Arbitration Procedure ...............c0ccceeceuseseuees 3 LONQEVILY 0. ee cceeeceebeeeecaeecaueeeeeeeeeeeunesuuecuauceuenense 6 Teaching Hours and Teaching Load.................ceeccesceueeseneees 7 Class Size... 0... eeceecnecceeeeeecceveesneetestenestunccuesesauseaeeeaers 11 Non-Teaching Duties....0. 00... ccececccccceeeccesseesseuesueesueseaueas 11 Teacher Assignment. .../..........cceccccssseeeeeseesastescseeuaunesececs 12 Vacancies and Promotions. ..............0cccecsecceeeeeceseueecsanecese 12 Teacher Evaluation...........cccceecceseetesececeeeeeeeersessaaneeeeeean 13 Use of School Facilities...........ccceeccccccesceesaeeveeueeseraneeces 14 Sick Leave Policy...... 00... ccecccsecceecssseeeeseseuscceuseseaeneenas 15 Military Leaves of Absence.............ccccccccsuseusecescceecteecees 21 Sabbatical Leaves...... 0c ceccceccsecceeuesseeseeueccessesaueeeeeens 22 Professional Improvements.................cccecccsseceeeuececasceuans 23 TextDOOkS........ cece ceeceeeeeceeueeceeeecscueseuuaesesauecceneseenanae 23 Group Insurance...... 0 ieee cee eeeceeecesesseassseneeeeseveesesececnens 23
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ARTICLE xX XXI XXII XXIII XXIV XXVI-A XXVI-B XXVII XXVIII XXIx XXX XXXI XXXII XXXII XXXIV XXXV XXXVI Appendix Al Appendix A2 Appendix A3 TABLE OF CONTENTS (con’t) NAME PAGE General... 0. ieee ceec rece neeeeereeeeeeeeeu sees een esae een esaeneees 24 No Discrimination. .......... 00. cccccecceeceeececeneeeeeeeeeseeeeeneean ess 25 Salaries and Other Compensation..............:cccceecseeeeeuseeneeens 25 Transfers... cece ce cence nee ceeeeeca eee ee seen een seeeseeeesene ses 26 Protection... ....cccc cece cee eeceeeceeeeeeeeeeueeeeeeeaeeeaeesaueeeae erage 27 Reduction in Force..........ccccceccsececseeceeeeeeeeeeeeseseaseeaveses 27 Individual Support Teams. .............ccccesecceecceueeevesteneeeseeeues 32 Data Driven Instructional Support Teams.............0.c0cceeeeeeeaee 32 Educational Enhancement Fund..........0..ccceccecseesceseseceeuneess 33 Negotiation Procedure............cccceceseceeccceeeaeceesausenceanensees 34 Association Business DayS............cccccccceceeneeaeseeueseustenesseas 34 NUPSES.. 000. e cece cc ee cence ee eeee seen seen eteneeseeteuueuansesasenes 35 Occupational and Physical Therapists..............cccccceseseseeceune 36 Health and Safety... eccesecenececeeeeeseeseesaeeseeueeeesanes 36 Mentoring... 0. cece cee cece teceeeeenseeeeaseeeeneeaseeeeeusensenesness 36 Job Sharing. ..... 0... cceccececeeeseecceueeeseeeessneesvecseeseueneneens 37 Duration... cece cc eeeeccneeeeeeneeceeeeeeee essen eeeseeeeeenneeeueens 39 Online Courses...... 0. c.ceceeccccsseeeseeeceuseseeueseeeeuessuuneseeavens 39 Teacher Salary Schedule (9/1/19-8/31/20)............ceccecseeceeeenee 4] Teacher Salary Schedule (9/1/20-8/31/21)........cccccccccaeeeeeseuees 42 Teacher Salary Schedule (9/1/21-8/31/22).........ccccccccueecseneves 43
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Appendix A4 Appendix B1 Appendix B2 Appendix B3 Appendix Cj Appendix C2 Appendix C3 Appendix D Appendix Dl Appendix D2 Appendix D3 Appendix E Appendix F OT and PT Salary Schedules (9/1/19 — 8/31/22)..........cccceeeuees 44 Stipends (9/1/19- 8/31/20)........ ccc cceccceeceeeeeeeeseeeeseeeeaeees 45 Stipends (9/1/20 - 8/31/21)... cece eceeeccenneeeeeeeeseeueeeeeuaeess 47 Stipends (9/1/21 - 8/31/22)......ccesececeeeeceeeeeeeeeeeeeseueceaaeeees 49 Teachers’ Extra Curricula Pay Schedule (9/1/19 — 8/31/20)........ 51 Teachers’ Extra Curricula Pay Schedule (9/1/20 — 8/31/21)........ 54 Teachers’ Extra Curricula Pay Schedule (9/1/21 — 8/31/22)........ 57 Coaches’ Employment Policy.............cccscceeseeeeerseeeeeeeaeees 61 Coaches’ Salary Schedule (9/1/19-8/31/20)..........ccccccccescveeevee 62 Coaches’ Salary Schedule (9/1/20-8/31/21)..........ccccceccceeeneeees 63 Coaches’ Salary Schedule (9/1/21-8/31/22).........ccccceccceseeeeeeee 64 Grievance Submission Form..............cccecceseecceeeeeeeeeecenseseenes 65 Educator Evaluation Procedures iti
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Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this Agreement is made by and between the CANTON SCHOOL COMMITTEE (hereinafter referred to as the Committee) and ihe CANTON TEACHERS’ 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 Canton and that good morale within the professional staff of Canton is essential to the achievement of that purpose, we, the undersigned parties to this Agreement, declare that: a. Under the laws of Massachusetts, the Committee, elected by the citizens of Canton, has the final responsibility for establishing the educational policies of the public schools of Canton; b. The Superintendent of Schools of Canton (hereinafter referred to as the Superintendent) has the responsibility for carrying out the policies so established; c. The professional employees of the public schools of Canton have the responsibility for providing high quality instruction and support to students, consistent with their licenses and the standards established by their respective professions; d. Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information between and among the Committee, the Superintendent, and the professional employees in the formulation and application of policies relating to hours, wages, and other conditions of employment for the professional staff; and so e. To give effect to these declarations, the following principles and procedures are hereby adopted. ARTICLE I RECOGNITION A. The Committee recognizes the Association for the purpose of collective bargaining as the exclusive bargaining agent for professional employees during the regular school year in the following categories: classroom teachers, guidance counselors, school adjustment counselors, speech pathologists, occupational therapists, physical therapists, school psychologists, elementary school assistant principals, high school and middle school department heads, preK- 12 coordinators, librarians, coaches, teachers of extra-curricular activities, and school nurses.
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Excluded from the bargaining unit are the Superintendent of Schools, the Assistant Superintendent of Schools, the School Business Administrator, TEAM Chairpersons, the Early Childhood Coordinator, Principals, the Nurse Leader, and all other employees of the Canton School Committee and the Town of Canton, including persons employed in Federal, Summer or Evening School Programs. The Committee agrees not to bargain with any teachers’ organization other than that designated as the exclusive bargaining agent pursuant to Chapter 150E (the Canton Teachers’ Association). The Committee further agrees not to negotiate with any other teachers’ organization in regard to changes in wages, hours, and other conditions of employment to become effective during the term of this Agreement. Should a new position be created during the term of this Agreement, the parties agree to meet to negotiate as to whether said position is to be included in the bargaining unit. If no agreement is reached, the parties agree to jointly submit the matter to arbitration as provided in this Agreement. Unless otherwise indicated, the employees in this bargaining unit will be hereinafter referred to as teachers. ARTICLE 1 MANAGEMENT RIGHTS Nothing in this Agreement shal] be construed in any way to alter, modify, change or limit the authority and jurisdiction of the School Committee, as provided by the Massachusetts Constitution, the General Laws of Massachusetts, or the decisions of the Supreme Judicial Court of the Commonwealth of Massachusetts, or the laws of the United States. During the term of this Agreement, except as provided otherwise herein, the determination and administration of education policy, the operations of the schools and the direction of the staff are vested exclusively in the School Committee. However, should the School Committee contemplate a substantial change of policy not covered by this Agreement, which affects the wages, hours, and other conditions of employment of the employees covered by this Agreement, then the School Committee shall notify the Association regarding said change and shall meet to negotiate concerning said change. Nothing herein shall be construed to require the School Committee to submit to arbitration, as provided by this Agreement, any matter so discussed. ARTICLE Til MEMBERS’ RIGHTS There will be no reprisals of any kind taken against any teacher by reason of his/her membership in the Association or participation in its activities.
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B. Teachers will be entitled to full rights of citizenship, and no religious or political activities of any teacher or lack thereof will be grounds for any discipline or discrimination with respect to the professional employment of such teacher. Cc. No teacher with professional status shall be discharged, suspended, or reduced in rank or compensation without just cause. In the event of the same, the teacher may elect either the statutory remedy available to him/her or the grievance procedure within fourteen (14) calendar days of the action. Such election shall be made in writing. The election of one remedy shall be a waiver of the teacher’s rights under the alternative remedy. D. References to teachers with Professional Teacher Status shall be deemed to refer to any professional employee in the bargaining unit who has completed at least three consecutive school years of service in the Canton Public Schools. References to teachers who have not acquired Professional Teacher Status shall be deemed to refer to any professional employee in the bargaining unit who has not completed at least three consecutive school years of service in the Canton Public Schools. This section does not apply to coaches or to teachers in their role as extra-curricular advisors or other stipended positions. ARTICLE IV NO STRIKE CLAUSE The Association, on its own behalf, and on behalf of each of the employees that it represents, hereby agrees and covenants that it will not authorize, approve, participate in or in any way encourage any strike, work stoppage, slowdown, or withholding of services, including paid extra-hour services, from the employer, Town of Canton School Committee and the Town of Canton. ARTICLE V GRIEVANCE AND ARBITRATION PROCEDURE A. The term “grievance” shall include those claims or disputes which allege a violation of a specific provision of this Agreement. B. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement. In the event a grievance is filed on or after June 1 which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as
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soon thereafter as is practicable. During the summer recess, school days will mean calendar days. Failure to institute a grievance or to advance a grievance to an appropriate level following an initial filing within the time limits set forth in the provisions of this Article shall conclusively be deemed to constitute a waiver of all rights under this Article unless mutually waived by the parties. Grievances shall at all levels, including Level One, be submitted in writing on a formal grievance instrument to be mutually developed by the parties. (See Appendix E). The grievance shall be signed by the employee and/or a representative of the Association, stipulating the sections of the Agreement which have been violated. There shall be a twenty (20) school day limit for filing a grievance, to be computed from the date of the event or condition which gave rise to the filing of the grievance or from when the individual first became aware of the condition giving rise to the grievance. Responses to the grievance shall be in writing, as specified in Section E. 2 of this Article, and shall set forth the reasons for the decision. 1. Level One. A teacher with a grievance will first discuss it with his/her principal or immediate superior, either directly or through the Association’s School Representative, with the objective of resolving the matter informally. 2. Level Two. If the teacher and/or the Association are not satisfied with the disposition of the grievance at Level One or if no decision has been rendered within five (5) school days after the presentation of the grievance, the teacher and/or the Association may file the grievance with the Superintendent of Schools within ten (10) school days following the Level One response (or the due date for such response if none is rendered). The Superintendent will hear the grievance within five (5) school days after receiving the grievance and shall respond to the grievance within five (5) school days following the Level Two hearing. 3. Level Three. If the teacher and/or the Association are not satisfied with the disposition of the grievance at Level Two or if no decision has been rendered within five (5) school days after the hearing with the Superintendent, the teacher and/or the Association may file the grievance with the School Committee within fifteen (15) school days following the Level Two response (or the due date for such response if none is rendered). The School Committee will hear the grievance no later than the second regularly scheduled School Committee meeting afier receiving the grievance and shall respond to the grievance within five (5) school days after the Level Three hearing.
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4. Level Four. a. If the Association is not satisfied with the disposition of the grievance at Level Three or if no decision has been rendered within five (5) school days after the hearing with the School Committee, the Association may submit the grievance to arbitration within twenty (20) school days following the Level Three response (or due date for such response if none is rendered.) b. Within ten (10) school days after such written notice of submission to arbitration, the Committee and the Professional Rights and Responsibilities Committee will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree on an arbitrator or to obtain a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator. c. The Arbitrator so selected will confer with representatives of the School Committee and the Professional Rights and Responsibilities Committee and hold hearings promptly and will issue his/her decision not later than thirty (30) days from the date of the close of the hearings. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on issues submitted. The decision of the arbitrator will be binding on all parties concerned. d. The costs for the services of the arbitrator, including per diem expense, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the School Committee and the Association, but each party shall bear its own expense for the presentation of its case. If, in the judgment of the Professional Rights and Responsibilities Committee, a grievance affects a group or class of teachers, the Professional Rights and Responsibilities Committee may submit such grievance in writing to the Superintendent directly and the processing of such grievance will be commenced at Level Two. The Professional Rights and Responsibilities Committee may process such a grievance through all levels of the grievance procedure. Decisions rendered at Level One, Two and Three of the grievance procedure will be in writing setting forth the decisions and the reasons therefore and will be transmitted prompily to all parties of interest and to the chairman of the Professional Rights and Responsibilities Committee.
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Decisions rendered at Level Four will be in accordance with paragraph I of Level Four. The settlement will be written by the employee and signed by the employee and by the one to whom the grievance has been presented. 3, All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel files of the participant. 4, Forms for filing grievances, serving notices, taking appeals, making reports and other documents will be prepared by the Association and given appropriate distribution so as to facilitate operation of the grievance procedure. 5. Nothing in this Agreement shall affect the right of the School Committee to renew or not renew a contract of employment for teachers without professional teacher status. The Committee, will upon request, provide the Association with any documents which will assist the Association in developing intelligent, accurate, informed and constructive programs on behalf of the teachers and their students, together with any other available information which may be necessary for the Association to process grievances under this Agreement provided these documents are not in themselves confidential. ARTICLE VI LONGEVITY The purpose of this provision is to reward those members who have dedicated many years of service to insure a quality education program in the Town of Canton. To be eligible, members must have a minimum of twelve (12) years of experience, five (5) of which must be in the Canton Public Schools. At the time of a member’s initial appointment to a regular position in the Canton Public Schools, the Superintendent shall notify the teacher in writing what credit, if any, will be granted for prior experience in calculating longevity. New employees hired after November 15" of a given year will not be eligible for a longevity increase on the following September 1°. In consideration of the above, members shall receive compensation in addition to that specified in Article XXI of this Agreement in accordance with the following: The school year following completion of: 1214! year ..... $1,450 15_ 19 year ..... $1,850 20% — 24" year ..... $2,100
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25% _ 29 year ..... $2,400 30% 34 year ..... $3,050 35"* year ..... $3,500 The Superintendent or designee is responsible for tracking longevity eligibility for members of the bargaining unit. On or before the first workday for teachers of each school year the Superintendent or designee will inform such eligible members of the amount they will receive and the date on which they can expect to receive the longevity payment. ARTICLE VII TEACHING HOURS AND TEACHING LOAD The starting and dismissal times for students will be as stated by the Superintendent’s office. Teachers may be required to attend three (3) evening meetings each year. Attendance at all other evening meetings will be at the option of individual teachers. Classroom teachers at the William H. Galvin Middle School and at Canton High School, including special education teachers and speech and language pathologists, will have a daily preparation period consisting of one regular period. During that time they will not be assigned to any other duties. Teachers who volunteer to cover a class for an absent teacher during a preparation period will be paid $30 per period for such voluntary coverage. When scheduling team meetings and parent conferences during the school day, all efforts will be made to avoid scheduling such meetings/conferences during the preparation periods or lunch periods of teachers whose attendance is required. High School and Middle School Department Heads and PreK-12 Coordinators: 1. In departments of 8 or fewer teachers, the High School and Middle School Department Heads shall teach 80% of full time. In departments of between 9 and 12 teachers, the high school and middle school Department Heads shall teach 60% of full time. In departments of 13 or more teachers, the high school and middle school department heads shall teach 40% of full time. PreK-12 Coordinators (who by design oversee staff and programming in multiple buildings) who currently have a teaching load that exceeds 20% FTE, such load will be reduced by one class per school year, until it reaches the 20% mark. In addition to attending faculty meetings required of all teachers and conducting departmental meetings, Department Heads and PreK-12 Coordinators may be required annually to attend eleven (11) hours of after school meetings. Further, in addition to the attendance at the three (3)
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evening meetings required for all teachers pursuant to Article VII B, Department Heads and PreK-12 Coordinators may be required annually to attend two (2) evening meetings. The Association and School Committee recognize that in addition to attending these required meetings, Department Heads and PreK-12 Coordinators devote many additional hours to satisfy their professional responsibilities relating to the position. 2. All High School and Middle School Department Heads shall be evaluated. in writing annually by the Principal or Assistant Principal with input from a Central Office Administrator associated with Curriculum. PreK-12 Coordinators will be evaluated in writing annually by a Central Office Administrator. Evaluations shall be conducted in accordance with the negotiated Evaluation Procedure, using Standards and Indicators of Effective Administrative Leadership as well as Effective Classroom Teaching. Elementary school classroom teachers will have a preparation period under the following circumstances: when the class is receiving instruction from a special subject teacher in Art, Music, Library, Health Education and Physical Education. Elementary teachers will be guaranteed one (1) preparation period per day, to include forty-five minute periods on four (4) days and a thirty-minute period on the fifth day. Teachers who volunteer to cover a class for an absent teacher during a preparation period will be paid $30 per period for such voluntary coverage. Elementary teachers will be provided with four (4) common planning periods of no less than one hour, scheduled one (1) per quarter. When scheduling team meetings and parent conferences during the school day, all efforts will be made to avoid scheduling such meetings/conferences during the preparation periods or lunch periods of teachers whose attendance is required Personnel other than regular classroom teachers will work at their assigned tasks for at least the length of a regular teacher’s workday. School Day and Year 1. All teachers at the Galvin Middle School and at the High School shall report to their schools at least 15 minutes prior to the commencement of homeroom. During this 15 minute period, teachers at the Galvin Middle School may not be required to perform supervisory duties in excess of 10 minutes. During this 15-minute period, teachers at the High School would not be required to perform supervisory duties in excess of what they presently perform before school. Teachers at the elementary level shall report to their schools at least 20 minutes prior to the commencement of instruction. After school, teachers at the Galvin Middle School and at the High School shall remain in their schools for at least 20 minutes after the end of the scheduled school day, whereas teachers at the elementary level
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shall remain in their schools for at least 15 minutes after the end of the scheduled school day. During this time teachers will be available for student assistance and to perform supervisory duties to the extent that such duties have been performed in the past. Notwithstanding the above, in the event of a ten-minute increase to the student day at Galvin Middle School and a five-minute increase to the student day at the High School (each anticipated for the 2020-2021 school year), the after-school period for teachers at the Galvin Middle School and High School shall be reduced to 15 minutes. It is recognized by the Association and the School Committee that teachers will have to devote many more hours in addition to the above to successfully satisfy their professional responsibilities. Therefore, in addition to the above, teachers shall be required to attend core evaluations, team meetings, parent conferences, faculty and department meetings (such faculty/department meetings at the elementary, middle school, and high school levels not to exceed two per month), to confer with and help students, to supervise teacher detention, and to carry out such other professional responsibilities as they have performed in the past. Notwithstanding the above, preschool teachers shall be at their schools for 6 hours and 50 minutes per day, which may vary from the times set forth above due to variations in the pre-school student day. 2. The school year for teachers, other than new personnel who may be required to attend additional orientation sessions, will begin no earlier than September | (unless there is mutual agreement to begin earlier) and terminate no later than June 30, but will in no event be longer than three (3) days more than the number of days that pupils are required to be in attendance by the approved Committee calendar for each school year. The three (3) additional days will be used as professional development days. 3, Study Halls: Recognizing that study halls are to be directed study and not limited to supervision of students, administration shall make a sincere effort not to use study halls as a substitute for finding coverage for absent teachers. However, should administration be unable to find substitutes, and should classes be moved into a study hall, the teacher in charge of the study hall shall receive the additional compensation of thirty dollars ($30) for each such class so moved into the study hall. Teachers will have a duty-free lunch period as determined by the respective principals of at least the following lengths: 1. Elementary School 25 minutes 2. William H. Galvin Middle School 20 minutes* 3. Senior High School 23 minutes
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In the event of a ten-minute increase to the student day at Galvin Middle School (as anticipated for the 2020-2021 school year), the lunch period shall be increased to 23 minutes. Indoor or outdoor recess shall be held during the school day in the elementary schools. Academic subject area William H. Galvin Middle School teachers will not be assigned more than seven (7) periods per day, consisting of at least one (1) preparation period, not more than five (5) teaching periods, and one (1) administrative period to be used for student supervision, collaboration among staff, and other professional work to be assigned by the principal or designee. Academic subject area Canton High School teachers will not be assigned more than six (6) periods per day, consisting of one (1) preparation period; not more than five teaching periods; and on days when assigned fewer than five teaching periods, one (1) administrative period to be used for student supervision, collaboration among staff, and other professional work to be assigned by the principal or designee. High School and Middle School Department Heads and PreK-12 Coordinators will not be assigned supervisory duties. Teacher participation in Extracurricular Activities will be strictly voluntary and teachers will be compensated for all such participation in accordance with the Extracurricular Salary Schedule in the contract. Special Education teachers shall be provided with the same common planning time as classroom teachers, one (1) period of no less than one (1) hour every three (3) weeks, Last Day: The last day of school shall be a half-day provided that the requisite Department of Education minimum number of instructional hours has been met. On early release days, there will be no fewer than thirty (30) minutes after the end of the instructional day before the commencement of meetings or professional development work. The last school day before the December holiday break will be a half-day for students and teachers. With the agreement of a particular teacher, the Superintendent or designee may assign a music teacher to a class that takes place before or after the typical school day, with the understanding that the teacher’s arrival and departure times will be adjusted to provide for the same amount of onsite time required of teachers at the 10
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same level (i.e., elementary, middle school, high school) whose classes take place solely within the typical school day. ARTICLE VHT CLASS SIZE The Committee and the Association recognize class size as an important factor in good education. To ensure that class size is conducive to an effective learning atmosphere, the Committee and the Association will strive to improve upon the following goals: Elementary Schools: 40 classroom teachers per 1000 students Secondary Schools: 60 classroom teachers per 1000 students The Committee and the Association realize that space availability precludes implementation of Section A above at this time. The provisions of Section A will therefore take effect as soon as physically possible. The provisions of Section A above may be waived by a teacher, a group of teachers, or an entire department after consultation with administration, if he/she, they, or the department feel in certain situations (e.g., specifically “Team Teaching”) it is in the best interests of the educational process to do so. ARTICLE IX NON-TEACHING DUTIES The Committee and the Association acknowledge that a teacher’s primary responsibility is the total education and welfare of the children entrusted to his/her care during the school day. A. Assignment of teachers for non-teaching duties shall be on a reasonable and equitable basis. While assigning student supervisory duties to each teacher in a particular year requires consideration of a number factors, the principal will include the number of minutes involved among these factors. Teachers may be required to collect and transmit money to be used for educational purposes and limited number of non-educational programs, but they will not be required to tabulate or account for such money. Teachers will not be required to drive pupils anywhere. Teachers issuing classroom detentions are required to supervise that detention period. Teachers will not be required to perform any custodial duties. Teachers will not be required to deliver books to classrooms, or keep registers. 11
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Elementary teachers may be assigned up to 60 minutes of nonteaching duties per week. Such duties shall not be assigned unless the Principal deems it necessary. ARTICLE X TEACHER ASSIGNMENT Teachers will be notified in writing of tentative programs for the coming school year, including the schools to which they will be assigned, the grades and/or subjects that they will teach, and any special or unusual classes, including co- teaching assignments that they will have, as soon as practicable and under normal circumstances not later than August 1. When teacher assignments are changed as to grade or subject, first consideration for available teacher position will be given to teachers with seniority. In order to assure that pupils are taught by teachers working within their areas of competence, teachers will not be assigned more than 20% of their teaching schedule to an area outside the scope of their teaching certificates and/or major or minor fields of study. Tn arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of inter-school travel. Such teachers will be notified of any changes in their schedules as soon as practicable. Teacher assignments will be made without regard to race, creed, color, religion, nationality, sex, age or marital status. ARTICLE XI VACANCIES AND PROMOTIONS Whenever any vacancy occurs in a professional position, a notice will be sent to the president of the Association at least ten (10) days in advance of the appointment unless mutually agreed otherwise between the Superintendent and the Association president. Written qualifications for the position, its duties, and its rate of compensation will be clearly set forth. Temporary appointments will be made only within the period of processing of applications. In filling such vacancies, equal consideration will be given to qualified teachers already employed by the Committee. Each teacher applicant not selected, upon request, will be given an explanation by the Superintendent. All qualified teachers will be given the opportunity to make application for. such positions through the Office of the Superintendent of Schools and to represent themselves to the Superintendent. Each teacher not selected will, upon request, receive an explanation from the Superintendent of Schools. 12
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All notices concerning positions in summer School and Federal Programs will be posted on the Association bulletin boards. The final decision in the filling of vacancies, new positions, and promotions rests exclusively with the Superintendent or his/her designee, and said decision is not subject to the grievance and arbitration procedure of this Agreement. All vacancies in positions covered by this Agreement to be filled will be posted in each school building for a period of ten (10) calendar days prior to the selection of the successful candidate unless otherwise mutually agreed by the parties. Teachers and others covered by this Agreement must give at least 30 calendar days' notice to the Superintendent or his/her designee before resigning. This provision may be waived by mutual agreement between the Superintendent and the Association. ARTICLE XII TEACHER EVALUATION All monitoring or observation of the work performance of a teacher will be conducted openly and with the teacher's knowledge. Teacher performance shall be evaluated by the criteria in the evaluation procedure and instrument. , Teachers will be given a copy of any evaluation report and will have the right to discuss the report with the evaluator(s). Teachers may make written comments to be attached to such reports. Each written evaluation will be preceded by one or more classroom observations or structured conferences by the evaluator(s). Each evaluator shall make and sign a separate written observation report of each observation. A copy of each observation report shall be given to the teacher evaluated who shall have the right to discuss the report with the evaluator and to make written comments to be attached to such reports. Observation reports are for the use of administrators and teachers will ordinarily not become part of the teacher's personnel file. Teachers shall acknowledge that they have had the opportunity to review evaluation and observation reports by affixing their signatures to the reports, with the express understanding that such signature in no way indicates agreement with the reports. In accordance with Chapter 71, Section 42C of the Massachusetts General Laws, teachers have the right to inspect the contents of their personnel folders. 13
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No material derogatory to a teacher's conduct, service, character or personality will be placed in his personnel file unless the teacher has had an opportunity to review the material. The teacher will also have the right to submit a written answer to such material and his answer shall be reviewed by the Superintendent and attached to the file copy. Any written and/or serious complaints regarding a teacher made to any member of the administration by any parent, student, or other person, including by electronic communication in any form, will be promptly called to the attention of the teacher, providing the complaint is not subject to criminal investigation. The negotiated Educator Evaluation Procedures, as may be modified from time to time by the parties, is incorporated into this Agreement by reference. (See Appendix F.) During the life of the Agreement, an Ad Hoc evaluation committee will be available to review, assess and fine-tune the evaluation system where needed. This committee will consist of four (4) members appointed by the Association and four members appointed by the Committee. The Association representatives on the committee shall consist of one member from the elementary level; one from the Middle School; one from the High School and one at-large. No more than one can be a bargaining team member. Further, no more than one school committee bargaining team member can be on this committee. Either the Committee or the Association can call this committee into existence. This committee will have the authority, by majority vote, to recommend to the respective parties any changes to this Agreement for finalizing through the collective bargaining process. A teacher without professional teacher status will be notified in writing on or before June 15 whenever such teacher is not to be employed for the following school year. ARTICLE XII USE OF SCHOOL FACILITIES Upon making arrangements with the Superintendent of Schools, the Association may use the school buildings without cost at reasonable times for meetings. The principal of the building in question will be notified in advance of the time and place of all such meetings. Any additional expenses incurred by the use of School facilities by the Association shall be paid for by the Association. There will be one (1) bulletin board in each school building, preferably in the faculty lounge, for the purpose of displaying official Association notices, circulars and other material pertinent to the Association and to the School Committee. Copies of all such material will be shown to the Principal. All posted notices shall be signed by an authorized representative of the Association. 14
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ARTICLE XIV SICK LEAVE POLICY It is recognized that from time to time illnesses and injuries that necessitate absence from school will occur, but it is further recognized that absence of the regular teacher from the classroom interrupts the educational process and must, therefore, be held to a minimum. All regularly appointed teachers shall be entitled to sick leave with full pay for fifteen (15) days per year. The Committee will grant up to ten (10) days of the entitled fifteen (15) days for immediate family-related (spouse, child, parent, or a relative living with the family) illnesses. When notifying his/her supervisor, the staff member must specify the use as either a personal sick day or an immediate family-related illness day. In addition, the Committee will grant use of up to ten (10) days of accumulated sick leave when the teacher’s presence is necessary to attend to the needs of an immediate family member (as defined above) who is suffering from a catastrophic illness or injury. The Committee may require submission of a medical certification as a condition of granting days for catastrophic illness or injury. The number of sick leave days a teacher may accrue will be unlimited. An employee using accumulated sick leave must submit a periodic written statement, from a physician affirming that personal ill health makes extended absence necessary. Suspected cases of sick leave abuse will be handled and investigated on an individual basis, with appropriate discipline, if needed, being taken by the Superintendent or his designee. In case of death during the school year of any member of a teacher's family (grandparent, grandchild, brother, sister, mother-in-law, father-in-law, brother-in- law, and sister-in-law), no reduction of salary or reduction in accumulated sick leave shall be made for absence not exceeding three (3) school days. In case of death during the school year of a teacher’s spouse, parent, child, or person living in the teacher’s household, no reduction of salary or reduction in accumulated sick leave shall be made for absence not exceeding five (5) school days. In case of death during the school year of a teacher’s nephew, niece, or other relative not mentioned elsewhere in this Section, one (1) day’s leave without loss of pay or accumulated sick leave shall be granted on the day of the funeral. Three (3) days may be used for personal matters which require absence from school hours. These days are not deductible from sick leave. Application for these days of personal business must be made in writing to the Superintendent of Schools through the Principal at least three days before the taking of such leave, except in case of emergency. The nature of the personal business does not have to 15
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be stipulated. At the close of each school year, if a person has not taken any personal days during that year, then three (3) days shall be added to that person’s sick leave accumulation. If a person has used one personal day during that year, then two (2) days shall be added to his/her sick leave accumulation. Ifa person has used two (2) personal days during that year, then one (1) day shall be added to his/her sick leave accumulation.. As an alternative to the above, a person who has not used all of his/her personal days during the year may carry over up to two (2) unused personal days with a maximum accrual of five (5) personal days in anyone year. No such days that have been carried over may be used to extend a holiday or a vacation. Any unused personal days that have not been carried over as personal days will be added to the person’s sick leave accumulation. Each member shall be allowed up to two (2) days of leave with pay during each school year for observance of religious days when the tenets of that member’s religion require abstinence from work on those days. Such leave is contingent upon that member having unused sick leave or personal leave which can be so charged. At least one (1) week’s notice must be given to the building principal by the member prior to the taking of this leave. Request to attend educational meetings or conferences, including MTA/NEA conferences, or meetings which are held in Massachusetts may be approved by the Principal. Those held outside the state must be approved by the Committee. Nothing herein shall be construed to grant any teacher, as a matter of right, leave to attend any such meeting or conference. If a member with ten (10) years of teaching experience retires from the Canton School System and is accepted into the Massachusetts Retirement Plan, s/he shall receive $70.00 per day for each day of unused accumulated sick leave in excess of eighty (80) days up to a maximum of $8,500. In the event the retirement is at the end of the school year, such payment is contingent upon receipt of notice of the teacher’s intent to retire no later than February 1 of that school year. In the event the retirement is on a date other than at the end of the school year, such payment is contingent upon receipt of notice of the teacher’s intent to retire at least five (5) months prior to the date of retirement. Such notice may not be rescinded, provided that the Superintendent may permit rescission of the notice in rare, unanticipated circumstances involving hardship to the teacher, with the understanding that upon acceptance of the rescission, the Superintendent shall have the discretion to place the teacher in any position for which the teacher is qualified. Ifa member still has days leftover, after buying back sick days in excess of eighty (80) days, those days will be donated to the Sick Leave Bank. Teachers with twenty (20) years teaching experience who die while in the employ of the Committee shall have their accumulated sick leave valued at the same rate 16
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as if s/he had retired. This amount to be paid to his/her heirs in the same way as his/her salary. 1, Sick Leave Bank Introductory Statement A Sick Leave Bank shall be established whereby all members covered by the Agreement shall receive additional sick leave upon exhaustion of their own earned and accrued sick leave. Eligibility for Membership a. All members of the bargaining unit are eligible to participate in the Sick Leave Bank. b. At the commencement of the bank, each member who wishes to participate must contribute one day of sick leave to the bank, said contribution to be demonstrated by submitting a signed form to the bank committee on or before September 30, 1986. Only those teachers who so contribute shall be eligible for a grant from the Sick Leave Bank. c. Newly hired members of the bargaining unit can join the sick leave bank by submitting the signed form within ten (10) school days of their first workday. Funding the Bank Following the initial commencement and funding of the bank (see Section B.2. above), the sick leave days on deposit in the bank shall be carried over in the bank from year to year, until the number of days in the bank goes below thirty (30) days. On such occasion, the bank committee shall notify bargaining unit members that they must contribute one day of sick leave to the bank to maintain membership. In addition, bargaining unit members who previously were not members of the sick leave bank may join by contributing one day of sick leave to the bank. Such contributions shall be demonstrated by submitting a signed form to the bank committee within ten (10) school days of being so notified by the bank committee. Administration of the Bank a. The Sick Leave Bank shall be administered by the Sick Leave Bank Committee. 17
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The Sick Leave Bank Committee shall be comprised of four (4) members; two (2) designated by the Association and two (2) designated by the Committee. Decisions of the Sick Leave Bank Committee shall be final and binding and shall not be subject to appeal or to the grievance and arbitration procedure. Provisions for Benefit Payment a. The Sick Leave Bank will be used only when the teacher is prevented from working because of a serious sickness or injury of the teacher and when this disability is of a prolonged nature of ten (10) consecutive working days or more and only when the individual has exhausted all of his/her accumulated sick leave. To be eligible for Sick Bank days, the applicant must have accumulated at the beginning of the prolonged illness at least twenty (20) percent of the maximum accumulated sick leave available to the teacher since the commencement of his/her employment. The Bank Committee may consider exceptions to this requirement under unusual circumstances. The number of sick days requested from the bank must be specified at the time of initial request to a maximum of fifteen (15) days. In the event the illness or injury extends beyond the number of sick days initially requested, the participating member may request additional days in increments no greater than fifteen (15) days. Applications for benefits must be accompanied by certification of illness or injury from a physician. The criteria for any grant of benefits from the Sick Leave Bank are as follows: (1) adequate medical evidence of serious illness or injury. (2) prior utilization of sick leave. The maximum number of days a member may use from the Sick Leave Bank annually are: 90 days to 1 year’s service ... 20 days 2-3 years’ service ..........655 30 days 4-10 years’ service ........... 60 days over 10 years’ service ....... 90 days 18
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g. Approval by a majority of the Sick Leave Bank Committee is necessary for any grant. N. Parental Leave: 1. Parental leaves will be granted to employees in accordance with the Massachusetts Maternity/Paternity Leave Act at MGL Chapter 149, Section 105D (MPLA) and the Family Medical Leave Act (FMLA). An employee who wishes to take leave under this section shall inform the Superintendent in writing on designated form of the anticipated date of departure at least eight (8) weeks in advance. (In the event of notification by an appropriate agency of an adoption date less than eight (8) weeks in advance, the notice date will be adjusted accordingly.) At the time of the notification, the employee will select one of the following two (2) options, to the extent eligible: Option A — Statutory Leave Only: Unpaid Massachusetts Maternity Leave (MGL Chapter 149, Section 105D) or unpaid leave under the Family Medical Leave Act Leave. Employees who are adopting or otherwise taking maternity/paternity leave without giving birth may substitute five (5) workdays of paid leave (or fifteen (15) workdays for employees with Professional Teacher Status), to be deducted from accumulated sick leave. An employee who is pregnant or giving birth may substitute her accumulated personal sick leave to cover days during the school year when she is medically incapacitated from working in her professional role. An employee who gives birth is presumed to be medically incapacitated from working for eight weeks immediately following the birth. The Superintendent may require an employee to submit adequate evidence of medical incapacity for any other period of disability relating to pregnancy/childbirth. The duration of Statutory Leave shall not exceed eight (8) weeks (or in the case of FMLA leave, twelve (12) workweeks) from the date of the leave’s commencement. Option B — Statutory Leave, followed by Extended Leave for Employees with Professional Teacher Status. Unpaid Massachusetts Maternity Leave (MGL Chapter 149, Section 105D) or unpaid leave under the Family Medical Leave Act Leave. Employees who are adopting or otherwise taking maternity/paternity leave without giving birth may substitute five (5) workdays of paid leave (or fifteen (15) workdays for employees with Professional Teacher Status), to be deducted from accumulated sick leave. An employee who is pregnant or giving birth may substitute her accumulated personal sick leave to cover days during the school year when she is medically incapacitated from working in her professional role. An employee who gives birth is presumed to be medically incapacitated 19
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ies) from working for eight weeks immediately following the birth. The Superintendent may require an employee to submit adequate evidence of medical incapacity for any other period of disability relating to pregnancy/childbirth. The duration of Statutory Leave shall not exceed eight (8) weeks (or in the case of FMLA leave, twelve (12) workweeks) from the date of the leave’s commencement. This Statutory Leave will be followed by unpaid extended leave through the end of the school year in which approved Statutory Leave concludes, except that elementary level teachers may choose to return the day after the winter break and middle and high school level teachers may choose to return the day after the semester break within such school year. At the time the employee requests and is granted his/her leave, the anticipated date of return shall be specified in accordance with Option A or B above. An employee on Extended Leave under Option B who is scheduled to return at the beginning of the following school year, must notify the Superintendent by March 1 of his/her intent to return to work as. scheduled. An employee on Extended Leave under Option B who is scheduled to return after the winter break or after the semester break must notify the Superintendent of his/her intent to return to work as scheduled thirty (30) calendar days in advance A failure to provide the required notice shall be deemed a voluntary resignation not subject to the grievance procedure. Further, a failure of an Employee on leave under Option A or B to return on the date specified at the beginning of the leave shall be deemed a voluntary resignation not subject to the grievance procedure, unless the failure to return is due to the employee’s own medical incapacity as documented by adequate medical certification. A teacher returning from a maternity/parental/adoptive leave of absence will be returned to his/her previous position or a substantially similar position and will retain the seniority held at the time the leave became effective. As described further below, a teacher does not accrue sick time, longevity credit, credit for placement on the salary schedule, or seniority for any period during which the teacher is on unpaid leave of absence. In order to access extended leave for subsequent births or adoption, the employee must return to active service for at least one full school year prior to becoming eligible for additional Extended Leave under Option B. a. Sick Time: Taking unpaid leave during a particular school year will result in a reduction in the accrual of the 15 days of annual paid sick time under Article XIV, Section B on a prorated basis, calculated using a 180-day school year. For example, ifa teacher takes unpaid leave for the whole school year, no paid sick days will be accrued during that year. If the teacher takes 20
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45 days of unpaid leave during a school year, the accrual will be reduced by 25% resulting in an accrual of 11.25 days for the year. Longevity: Teachers on unpaid leave for more than 45 days during any school year that begins on or after September 1, 2015, will not receive credit for that year for the purpose of accruing longevity under Article VI. Teachers who took unpaid leave of any duration during years prior to September 2015 shall be granted credit for such years for the purpose of moving on longevity steps. This credit shall apply on a prospective basis only. While teachers shall retain whatever years of service they were credited with prior to September 1, 2015, there shall be no retroactive adjustments. Steps on Salary Schedule: The provisions of Article XXII, Section H shall apply to unpaid parental leave. Thus, Teachers who are on leave of absence without pay for more than 90 school days for parental leave in a school year shall not receive credit for that year for the purpose of movement on the steps of the salary schedule. Seniority: The provisions of Article, XXV, Section D. 1 shall apply to unpaid parental leaves. Thus, teachers on parental leave without pay for more than 45 school days but fewer than or equal to 90 school days in a school year will lose one half (1/2) a year's seniority. Teachers who are on such leave of absence without pay for more than 90 school days in a school year lose the entire year's seniority. Nothing in this section prevents the employer’s non-reappointment of a professional employee without professional teacher status or dismissal or lay off of a professional employee with or without professional teacher status, to the extent such nonrenewal, dismissal, or lay off is otherwise applicable. ARTICLE XV MILITARY LEAVES OF ABSENCE The number of school days specified by Massachusetts State Law will be allowed for persons called into temporary active duty of any unit of the United States Reserves or the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session. General Laws Chapter 33, Section 59, as adopted by the Canton Town Meeting of March 13, 1967, shall determine pay for military leaves of absence. Any person in the service of the Commonwealth, or a county, city or town which by vote of its county commissioners or city councilor its inhabitants at a town meeting accepts 21
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this section, or has accepted similar provisions of earlier laws, shall be- entitled during the time of his/her service in the armed forces of the Commonwealth, under section 38, 40, 41, 42, 60, or during his/her annual tour of duty of not exceeding seventeen (17) days as a member of a reserve component of the armed forces of the United States, to receive pay therefore, without loss of his/her ordinary remuneration as an employee or official of the Commonwealth or of such county, city or town and shall be entitled to the same leaves of absence or vacation with pay given to other like employees or officials. Any person taking military leave during a period when school is in session, must furnish a written statement from his or her commanding officer which states that said leave could not possibly be taken at a time when school was not in session. ARTICLE XVI SABBATICAL LEAVES Sabbatical leaves may be granted to members of the professional staff for approved study or research subject to the following conditions: A. Not more than three (3) members of the professional staff will be absent on sabbatical leave at one time with preference given to seniority. Preliminary requests for sabbatical leave must be received by the Superintendent of Schools in such form as may be required on or before November 30, if leave is to be granted for the ensuing year. The specific details of said request shall be made on or before May 1. The teacher has completed at least seven (7) full school years of service in the Canton School System. Staff members on sabbatical leave will be paid half of their regular salary rate for a full year or full salary for a half year. Teachers granted a sabbatical leave will agree to return to the Canton Schools for two (2) full years or repay the entire amount of salary received during said leave. Teachers shall return to the post they left or to an equivalent position. Upon return from the sabbatical leave, a teacher shall be placed on the step of the salary schedule s/he would have attained had s/he remained in the Canton School System. Accumulated sick leave and all other benefits, including any granted while on leave, would also accrue to the teacher upon his/her return. 22
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ARTICLE XVII PROFESSIONAL IMPROVEMENTS A. The Committee will pay the reasonable expenses incurred by teachers who attend workshops, seminars, and conferences, at the request of the Superintendent of Schools or designee. B. Teachers shall be given the opportunity to visit other school systems without loss of pay for the purpose of studying the curriculum and operation of the program at such systems at the discretion of the Superintendent. The denial shall not be subject to the grievance procedure. If requested, the Superintendent will verbally state the reason(s) for any requests which are denied. ARTICLE XVIII TEXTBOOKS A. The Committee guarantees that when textbooks and/or workbooks are used in a classroom it will provide sufficient of same to insure that each pupil in a classroom has textbooks or workbooks for his/her own use. If the number of textbooks or workbooks is not sufficient, the principal will submit a requisition to the Superintendent who will order an adequate number within three (3) days. B. Teachers and Supervisors will have the opportunity to aid in choosing the textbooks for their area. ARTICLE XIX GROUP INSURANCE The Committee will provide a plan of group life, accidental death and dismemberment and general or blanket hospital, surgical and medical insurance as authorized under the provisions of G.L. Chapter 32B. The Committee will pay 75% of the premium and the employees will pay 25% of the premium for the indemnity plan and for all HMO's. Dental insurance shall also be paid seventy-five percent (75%) by the Committee and twenty-five percent (25%) by the employees. Effective July 1, 2019, co-pays for the PPO and the HMO shall be as follows: $20/$50 (PCP/Specialists) Office visits: Emergency Room Co-Pay: Hospital Admissions: Outpatient Surgery: $250 High Tech Imaging: $100 Prescriptions: $15/$30/$65 retail; $25/$75/$165 for 90-day mail order Calendar Yr Deductible $500 Individual; $1,000 Family Cay Medex Prescriptions: $15/$30/$50 retail; $30/$60/$100 for 90-day mail order 23
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ARTICLE XX GENERAL On or before the first workday for teachers of each school year, the Superintendent or designee will provide to each teacher a letter specifying the following for that teacher: (1) salary for that school year, including lane and step; (2) any longevity amount s/he will receive that year, as well as the date on which he/she can expect to receive such longevity payment; and (3) any applicable stipends. Teachers will receive written notice of any lane changes and additional stipends by November 1 or upon determination of such lane changes or stipends, whichever is later. The Association will be provided with copies of approved minutes of official School Committee meetings that are distributed to School Committee members. A copy of the official agenda of the meeting will be given to the Association prior to said meeting. If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect. The Committee will amend its Administrative Regulations and take such other action as may be necessary in order to give full force and effect to the provisions of this Agreement. The Committee agrees to abide by the certification requirements, set out under the Massachusetts General Laws, in the hiring of teachers in the Canton School System. The Town of Canton will assign a payroll deduction slot for employees to participate in the Massachusetts Teachers Association disability insurance plan. The Association will provide the premium amounts of the plan, along with the deduction authorizations for those employees who are eligible for and wish to participate in the plan. The following shall be prorated for part-time employees: (1) amount, but not years of service, for longevity under Article VI; (2) amount for course reimbursement under Article XXVI; and (3) all paid leave provisions, including sick leave, bereavement, personal days, sick leave bank, and parental leave under Article XIV and military leave under Article XV. 24
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ARTICLE XXI NO DISCRIMINATION There shall be no discrimination, interference, restraint or coercion by the Committee, the Association, or their respective agents against any teacher because of membership or non-membership in the Association. No one shall be required to become a member or remain a member of the Association as a condition of employment in the Canton Public Schools. ARTICLE XXII SALARIES AND OTHER COMPENSATION Section 1. A. Salaries and other compensation of employees covered by this Agreement are set forth as an Appendix to this Agreement and made a part thereof. B. Employees covered by this Agreement will be compensated on the basis of twenty-one (21) paychecks during the school year or twenty-six (26) paychecks every two weeks over the calendar year, at the option of the employee. The gross amount of each check shall be substantially equal. Cc. Approved mileage will be paid at the IRS rate as determined by the Town. D. The Committee agrees to deduct from teachers’ salaries money for NEA and/or MTA services and programs or Agency Service Fee as said teachers individually and voluntarily authorize the Committee to deduct and to transmit the monies in biweekly installments prior to March 15 through the Treasurer of the Association. It is expressly understood that any deduction which a teacher may authorize the Committee to make from his/her earnings will be deducted in ten (10) equal installments or as close to equal as is practicable from paychecks received by said teacher during the year. E. The Canton Public Schools agrees to deduct from a teacher's salary an amount in equal installments from each pay period as designated by the teacher. The Canton Public Schools shall cause to be issued one (1) check to the Canton Teachers Association for the total of all deductions each pay period and shall provide the Association with an itemized list containing each teacher's name, amount deducted and credit union. The Association shall disburse these to the appropriate credit unions. An appropriate deduction form shall be supplied by the Association, F, Teachers who work only a portion of a school year shall be compensated on the basis of one-one hundred eighty-third (1/183) of their annual salary for each day G. Employees eligible for both a step and a lane change on September 1 of a particular year will receive only a lane change, provided that this restriction shall 25
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be eliminated effective September 1, 2021, thus allowing both a step and lane change for employees who become eligible for lane changes on or after that date. Employees who believe they may be eligible for a lane change effective September 1, 2021, must complete and return the notification form set forth in Section 2.B below by November 15, 2020. Teachers who are on leave of absence without pay for more than 90 school days in a school year shall not receive credit for that year for the purpose of movement on the steps of the salary schedule. Teachers who are assigned to work beyond the regular on-site workday or work year shall be paid at the rate of $30/hour. All assignment of such work is subject to the prior approval of the Superintendent or designee. Section 2: Lane Changes A. Annually during September, the Business Office will distribute to all professional staff a form entitled "Added Degree Notification Form," hereinafter referred to as the "Notification Form“. Any professional staff member who feels he/she may be eligible for a salary lane change effective on the following September 1‘ must complete and return the Notification Form to the School Business Administrator's office by November 15" of the year preceding possible eligibility. Failure to submit the form by the November 15" deadline will render the employee ineligible for any lane change as of the following September 1°. New employees hired after November 15" of a given year will not be eligible for a lane change on the following September 1°. The Superintendent is authorized to waive the notification requirements in unusual circumstances that in her/his sole judgment are beyond the control of the employee. Any such action by the Superintendent shall not be subject to challenge by the Association, either by grievance or other forms of redress. ARTICLE XXII TRANSFERS Classroom teachers recognize from time to time transfers from one school to another are necessary. If a classroom teacher feels that his/her transfer is not for a good reason, the teacher will have a right to have a hearing with his/her immediate superior to discuss the reason(s) for the transfer. If the teacher is not satisfied with the reason(s) for the transfer, the immediate superior will give his/her such reason(s) in writing. At this point, the classroom 26
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teacher shall submit his/her reason(s) in writing why the transfer is not for good reason to the immediate superior. The classroom teacher shall then have a right to a further hearing with the principal and, if not satisfied with the results of such hearing, the classroom teacher shall have a right to a further hearing with the Superintendent. ARTICLE XXIV PROTECTION Employees will immediately report all cases of assault suffered by them in connection with their employment to the principal and Superintendent or his/her designee, in writing. The Superintendent will comply with any reasonable request from the teacher for records relating to the incident or the persons involved, subject to the provisions of applicable law, including but not limited to the Family Education Rights Privacy Act (FERPA) and the Individuals with Disabilities in Education Act (IDEA). The Committee agrees to provide indemnification for employees covered by this Agreement as required by Chapter 258 of the General Laws of the Commonwealth of Massachusetts. ARTICLE XXV REDUCTION IN FORCE Subject to the provisions of this Agreement, the Committee retains the right to determine the number of teaching positions and other professional positions which are needed in the school system and also retains the right to determine the employees to be laid off and recalled. A. A teacher with professional status shall not be laid off if there is a teacher without professional status whose position the teacher with professional status is qualified to fill. Upon determination of the School Committee that there shall be layoffs in any discipline, as set forth below, the following procedures shall apply only to teachers with professional status. Layoffs shall be conducted within disciplines based on a teacher’s job performance and the best interest of the students. Indicators of job performance shall be based on comprehensive evaluations conducted consistent with M.G.L. ch. 71, sec, 38, using the teacher’s past summative overall evaluation ratings as compared to other teachers’ past summative overall evaluation ratings in the discipline targeted to be reduced, with ratings of Meets the Standards of the Canton Public Schools (for evaluations prior to 2013-2014), Proficient and 27
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Dz Exemplary being considered equal. The number of summative evaluations compared will include all those evaluations written for teachers during the time equal to the most recently hired professional status teacher in the targeted discipline. If there is a tie using the above criteria, the tie shall be broken by seniority, with the least senior teacher in the discipline targeted laid off first. For the purposes of this article, disciplines shall be: Definitions 1. K-8 7-12 Math 7-12 English 7-12 Social Studies 7-12 Chemistry 7-12 Physics 7-12 Biology 7-12 General Science 7-12 Earth Science 7-12 French 7-12 German 7-12 Spanish 7-12 Latin Special Subject Teacher - Physical Education Special Subject Teacher — Health Special Subject Teacher — Technology Education Special Subject Teacher — Family and Consumer Sciences Special Subject Teacher - Industrial Technology Special Subject Teacher ~ Reading Special Subject Teacher — Art Special Subject Teacher - Music Special Subject Teacher — Speech Teacher - Special Class (Note, however, that each separate certification will constitute a separate discipline) School Psychologist Guidance Counselor School Librarian Adjustment Counselor School Nurse Speech Pathologist Occupational Therapist Physical Therapist Seniority - Seniority is defined as the length of continuous full-time service in the Canton Public Schools from the first day of the teacher's continuous service as a teacher pursuant to official School Committee appointment. Authorized paid leaves of absence, or sabbatical leaves shall be considered time worked for purposes of seniority and layoff. 28
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E. Authorized leaves of absence without pay shall be considered as continuous service, but will not be considered as time worked for seniority and layoff as follows: Teachers on such leaves without pay for more than 45 school days but fewer than or equal to 90 school days in a school year will lose one half (1/2) a year's seniority. Teachers who are on such leave of absence without pay for more than 90 school days in a school year lose the entire year's seniority. Members of the bargaining unit who have served on a part-time basis shall be credited with the years or parts of years of seniority determined by multiplying the fractional amount of their teaching load times the period of such part time service, e.g., a teacher who taught half-time for one half of a year would be credited with one quarter of a year's service for that half year. Seniority shall commence to accrue from the first day of the teacher's continuous service as a teacher pursuant to official Superintendent appointment. Authorized, paid leaves of absence or sabbatical leaves shall be considered time worked for purposes of seniority and layoff. Authorized leaves of absence without pay shall be considered as continuous service, but will not be considered as time worked for seniority and layoff as follows: Part-time teachers on such leaves without pay for more than 1/4 of their work year but less than 1/2 of their work year will lose one half of the seniority credit they would have accrued for such year had they worked. Teachers who are on such leaves of absence without pay for more than 1/2 of their work year will lose the entire year's seniority. Qualified - Qualified shall require both being certified in the discipline and having taught satisfactorily in the discipline for at least one full school year (fifteen (15) periods or more per week from the first day of school to the last day of school) within the Canton Public Schools within the past five years. Effective September 1, 2016, “satisfactorily” is subject to the provisions of Section C above. However, a sixth (6th) grade teacher certified in a secondary discipline who has also taught in that secondary discipline in Canton in the past will be considered qualified in that secondary discipline notwithstanding the fact that the teacher has not taught in that discipline within the past five (5) years. Bumping 1. In the event a teacher is qualified in a discipline other than the one from which s/he has been laid off, the laid off teacher shall have the option of bumping the more junior teacher in that discipline. 29
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2. Notwithstanding the above requirement of a minimum of one year's teaching experience, a teacher certified K-8 may bump a more junior teacher certified only K-8 at either the elementary or middle school level. Notwithstanding the above requirement of a minimum of one year's teaching experience in the discipline: a. If a secondary science teacher is laid off, and s/he has taught any science at the secondary level for at least one full school year (fifteen (15) periods or more per week from the first day of school to the last day of school) within the Canton Public Schools within the past five years and if s/he holds a certification in another secondary science discipline, then s/he may bump a less senior teacher in such other secondary science discipline. b. If a secondary language teacher is laid off and s/he has taught any language at the secondary level for at least one full school year (fifteen (15) periods or more per week from the first day of school to the last day of school within the Canton Public Schools within the past five years) and if s/he holds a certification in another secondary language discipline, then s/he may bump a less senior teacher in such other secondary language discipline. c. Ifa special needs teacher is laid off and s/he has taught in any special needs discipline for at least one full school year (fifteen (15) periods or more per week from the first day of school to the last day of school within the Canton Public Schools within the past five years) and if s/he holds a certification in another special needs discipline, then s/he may bump a less senior teacher in such other special needs discipline. It is also understood that this article is not to be construed as meaning that a middle school teacher (6-8) is automatically qualified to teach K-5 nor to imply that an elementary teacher (K-5) is automatically qualified to teach grades 6-8. This section means that if the School Committee does determine that they are so qualified, then they will be permitted to bump less senior teachers even though they may not have taught in the discipline for at least one full year. 3. A teacher certified only K-8 may not bump a teacher with a secondary certification. 4. If a qualified middle school teacher holds both a K-8 and a secondary certification, s/he may bump a more junior K-8 elementary or secondary certified teacher. 30
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Effective September 1, 2016, the following language shall be added: “Bumping is subject to the provisions of Section C above.” Laid-off members may continue group Health and Life Insurance coverage during the recall period of thirteen (13) months as provided by the Committee to members of the bargaining unit by reimbursing the Town for full premium cost. Failure to forward advance premium payments to the Town by the date(s) set by the Town or refusal to return to employment upon recall will terminate this option. It is understood that there shall be no cost to the Town. Teachers who are on layoff because of reduction in force shall be on a recall list for the first thirteen (13) months of layoff and shall, if qualified, have preference over new applicants for any new position or full-time vacancy in the bargaining unit that the Committee is going to fill and for which they are qualified. In making a decision as to which of two or more qualified teachers on the recall list will be first recalled, the Superintendent will recall teachers in the inverse order of layoff. The failure of a teacher to accept the assignment within fifteen school days of the postmark of notification thereof shall automatically remove that teacher from the recall list and terminate all recall rights. The Superintendent's judgment hereunder shall be set aside only where it was not made in good faith and/or was arbitrary or capricious. No reduction in force shall take effect on other than the first day of a school year. Teachers who have been laid off shall, during their recall period, be notified in writing by the Superintendent's Office, provide’ they have left their home address with the Superintendent's Office, of any open positions in the system which they may be qualified to fill. Failure to accept an offer of employment for any such suitable position shall terminate the teacher's recall rights. Teachers recalled after layoff under this Article shall be placed on that step of the salary schedule which is one step higher than the one on which they were at the time of their last day of teaching prior to being laid off. Also such teachers shall carry over only that sick leave which was credited to them at the time of their last day of teaching prior to being laid off. The Superintendent shall notify any teacher with professional status who is to be affected by a reduction in force by June 1 of the school year preceding the school year in which the reduction is to be effected. The Committee agrees that resignations, retirements, dismissal for cause, or normal termination of employment, will be utilized prior to instituting reduction in force. Notifications under sections G above will be by certified or registered mail. 31
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ARTICLE XXVI- A INDIVIDUAL SUPPORT TEAMS The terms set forth below will apply to an Individual Support Team (IST) at the High School. The IST will focus on issues relating to individual students. A. Teachers on the IST shall serve a two-year term. These terms will be staggered so that they do not expire at the same time. Each school will determine the number of members of the IST for that particular school. Participation on IST's by teachers shall be strictly voluntary. Teachers may resign from the support team at any time, with thirty (30) days’ notice to the Superintendent. The Committee will provide substitute coverage to allow the members to be able participate in the IST meetings during school hours. Teachers will not be negatively evaluated for their participation or non- participation in the IST program. Training for IST members will be provided. Records will be maintained by the IST and will be accessible to the principal and other appropriate administrators. These records shall include the dates of team meetings, the issues discussed, the solutions proposed, and any follow-up on earlier meetings. IST Compensation: Members of the IST shall be compensated, at their option, with either three (3) credits or a stipend of five hundred dollars ($500). No more than a total of six (6) credits earned based upon service as a member of the IST may be used for horizontal movement on the salary schedule. ARTICLE XXVI - B DATA DRIVEN INSTRUCTIONAL SUPPORT TEAMS The following terms will apply to the Data Driven Instructional Support Teams (DDIST) at the elementary and middle school: A. Teachers on the elementary DDIST shall serve a two-year term. These terms will be staggered so that they do not expire at the same time. Teachers on the middle school DDIST shall serve a two-year term. The principal will determine the number of members of the DDIST at that particular school, provided that the following shall generally apply: 32
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-- At each elementary school there will be four members: Chair, Recorder and two members handling data input. -- At the middle school there will be seven members: Chair and one member representing each grade level team. Participation on DDISTs by teachers shall be strictly voluntary. Teachers may resign from the DDIST at any time, with thirty (30) days’ notice to the Superintendent. In order to allow for participation in meetings held during school hours, the Principal will provide substitute coverage (1) for the Chair and Recorder and, when needed, for the Data Input members at the Elementary Level and (2) the Chair and the DDIST members at the middle school. Teachers will not be negatively evaluated for their participation or non- participation in the DDIST program. Training for DDIST members will be provided. Records will be maintained by the DDIST and will be accessible to the principal and other appropriate administrators. These records shall include the dates of team meetings, the issues discussed, the solutions proposed, and any follow-up on earlier meetings. DDIST Compensation: The Chair will be paid a stipend in accordance with Appendix B1. Members of the DDIST shall be compensated, at their option, with either three (3) credits or a stipend of five hundred dollars ($500). No more than a total of six (6) credits earned based upon service as a member of the DDIST may be used for horizontal movement on the salary schedule. ARTICLE XXVIII EDUCATIONAL ENHANCEMENT FUND The Committee will reimburse up to $2500 per year for each teacher (prorated for part- time teachers) to an aggregate cap for the entire bargaining unit of $125,000 per year to be used for courses, conferences, workshops, or seminars that are aligned to the role of the educator and have been approved in advance by the Superintendent or Central Office designee. In order to seek approval, the teacher must submit an application form to the Central Office designee at least twenty-one (21) calendar days prior to the start of the course, conference, workshop or seminar. A committee consisting of two (2) members appointed by the Association and two (2) members appointed by the Superintendent shall meet prior to September 30, 2019 to discuss criteria for approving or denying reimbursement for courses, conferences, workshops, or seminars. 33
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In order to obtain reimbursement, the teacher must provide the following to the Superintendent or Central Office designee: Approved credit bearing course: (1) proof of payment and (2) an official transcript from an accredited institution showing the grade of B or better earned in the course, provided that an unofficial transcript may be submitted to initiate processing, with the understanding that the teacher will provide a copy of the official transcript upon receipt. Approved noncredit bearing course, conference, workshop, or seminar: (1) proof of payment and (2) certification of completion. Payment will be processed within 30 days following the receipt of the required paperwork by the Central Office designee. ARTICLE XXVIII NEGOTIATION PROCEDURE A. Not later than November 30 of the calendar year preceding the calendar year in which this Agreement expires, the Committee agrees to enter into negotiations with the Association over a successor Agreement in accordance with the procedure set forth herein in a good-faith effort to reach agreement concerning teachers' wages, hours and other conditions of their employment. Such negotiations will include, but not be limited to, the items listed in the table of contents of this Agreement. Any agreement so negotiated will apply to all teachers and will be reduced to writing and signed by the Committee and the Association. B. During negotiations, the Committee and the Association will present relevant data, exchange points of view, and make proposals and counter-proposals. The Committee will make available to the Association, if requested, all pertinent records of the school system except those that are confidential. Either party, if it so desires, may utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations. Cc. If the negotiations described herein have reached an impasse, the procedure described in Chapter 150E of the General Laws of Massachusetts will be applicable. D. All negotiation meetings will be scheduled after school hours. ARTICLE XXIX ASSOCIATION BUSINESS DAYS The Association shall be granted, with the approval of the Superintendent, a total of five (5) Association business days per school year to be used by the President or members of the executive board. The President of the Association will not be assigned any non-teaching duties. 34
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ARTICLE XXX NURSES Nurses shall be entitled to all of the benefits of this Agreement except as listed below: 1. General a) Nurses will not be assigned any non-nursing duties. b) Evaluation: Nurses shall be evaluated in accordance with Article XIL c) Nurses will be evaluated by the Nurse Leader and the Building Principal. d) Nurses will be notified in writing of any new programs that may affect the health or safety of students under their care. They shall be notified as soon as is practicable so that they may make whatever preparations they deem necessary. e) The nurses’ salary scale shall be the same as the teachers' scale. f) Mentoring: Nurses shall be included in the mentoring program. g) Nurses will work two (2) days in addition to the teachers’ scheduled year to prepare medical records and meet with parents. The days will be assigned by the Superintendent or his/her designee after consultation with the nurses. Nurses will be compensated for each of these additional days at their per diem rate of 1/183 of their regular salary. h) Nurses shall not be eligible for preparation periods. i) In the event a nurse must miss her lunch period due to a student emergency, he/she will be compensated $20 or, alternatively, may elect compensatory time, provided that the nurse has given notice by email to the principal within three (3) business days following the missed lunch, to include the following: (1) date of missed lunch period, (2) the reason therefore, and (3) whether he/she has elected to receive $20 or compensatory time. 35
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ARTICLE XXXI OCCUPATIONAL AND PHYSICAL THERAPISTS Occupational and Physical Therapists shall be entitled to all of the benefits and provisions of this Agreement except as follows: A. A Therapist who works thirty (30) hours per week shall be deemed to be full time. B. Each Therapist’s schedule shall be determined by the Assistant Superintendent for Student Services. The number of hours assigned shall include specifically designated hours for each of the following: direct service, evaluations, meetings and preparation. The schedule shall also include time for a duty-free lunch as for all other employees in the bargaining unit in accordance with Article VII. Cc. Therapists shall be paid according to Appendix A4. D. Any Therapist who agrees to work during the summer shall be paid at her/his hourly rate, calculated by dividing the annual rate for the just completed school year by 183, then by 6. Any Occupational Therapist who as part of any summer assignment supervises a Certified Occupational Therapist Assistant (“COTA”) shall be paid one hour for every six (6) hours the COTA works. E. No Therapist shall be assigned duties since the position is a system-wide assignment. ARTICLE XXXII HEALTH AND SAFETY The Committee shall provide a safe and healthful working environment. A member of the Association shall be appointed to the Health Advisory Committee (HAC). The HAC shall meet periodically to discuss health and safety matters. The HAC shall also design and implement protocols for responding to complaints regarding problems with health and safety matters at the schools. When requested to do so by the Association, the Committee agrees to meet with the Association to discuss matters involving health and safety. ARTICLE XXXIII MENTORING The Mentor Steering Committee of four individuals (the Director of Curriculum & Instruction and a teacher selected by the CTA from the H.S.M.S., and elementary school) shall select, each year, a chairperson of the committee to be in charge of the Teacher-Mentor Program. This Committee will work collaboratively and with Principals to assign the best Mentor possible to each new teacher, provide professional development to Mentors and new teachers, and communicate and problem-solve together issues that arise with the mentoring of new teachers in Canton. 36