FY11 Budget Information

Please click on the links below to access current budget information for FY11. More informaton will be added as it becomes available. These documents are in PDF format and you will need Adobe Acrobat Reader or a compatible software to view.

FY10 Budget (Current)

The School Committees have recently finished the process of approving budgets for the fiscal year that begins on July 1, 2009 (Fiscal Year 2010, also known as FY10). The approved budgets are attached below (at the bottom of the list).

The possibility of elementary reorganization has been raised in conjunction with discussion of budget issues. For more information about that, please see the page for Elementary School Organization Options.

Please be aware that there are three different school districts within the ARPS system:

Amherst School District (for the four elementary schools in Amherst)
Pelham School District (for Pelham Elementary School)
Amherst-Pelham Regional School District (for the middle school and high school)

As seen in the pdf documents attached below, each school district has its own budget. Each budget is discussed separately at a meeting of the appropriate school committee:

So if you are interested in the issue of cutting high school sports teams, for example, then you would want to look at the regional budget and possibly attend a Regional School Committee meeting or contact one of the committee members. As another example, if you are concerned about staffing in the Amherst elementary school libraries, then you should look at the Amherst budget and possibly attend an Amherst School Committee meeting or contact a member of that committee. And if you are concerned about the cuts to instrumental music at the Pelham school, then you should look at the Pelham budget and possibly attend a Pelham School Committee meeting or contact a member of that committee.

There are some expenditures that are shared among the three budgets. For example, the superintendent serves all three districts and thus the salary of the superintendent is split among all three budgets. This is true of many of the costs associated with our central office. Each district pays a portion of those costs, according to the size of the district.

Employee Contract: Administrators

CONTRACT

Pursuant to the provisions of
Chapter 150E of the General Laws of Massachusetts, this contract is made the
1st day of July, 2005 by the School Committees of Amherst, of Pelham, and of
the Amherst-Pelham Regional Schools (hereinafter referred to as the Committee)
and the Amherst-Pelham Administrators Association, Massachusetts Teachers
Association/National Education Association (hereinafter referred to as the
Association).

ARTICLE I

PREAMBLE

Recognizing that our common
purpose is to provide an educational program of high quality and reasonable
cost for the children of Amherst, Pelham, Leverett, and Shutesbury, we, the
undersigned parties to this contract, declare that:

A.
Under the law of Massachusetts, the Committees selected by
citizens of Amherst, Pelham, Leverett, and Shutesbury have the final
responsibility for establishing
the policies of the public schools of Amherst, Pelham, and of the
Regional
School Districts. Included in this responsibility is the establishment
of the
administrative positions. The Parties agree that the operation of the
School
Department of Amherst, Pelham and the Amherst-Pelham Region, the
supervision of
the employees and of their work, are the rights of the Committee and
their
agents alone. These rights, subject to the provisions of this
Agreement,
include the making of reasonable rules to insure orderly and effective
work; to
determine the quantity and types of equipment to be used; to introduce
new
methods and facilities; the making of work schedules; the determination
of what
and where duties will be performed; and of employee competency; the
hiring,
transfer, promotion, demotion, lay-off, recall, discipline or discharge
of
employees for just cause without discrimination; and the right to
discuss terms
and conditions of employment with the employees and to inform them
concerning
employment matters are exclusive rights of the Committee and their
agents.

B.
The Superintendent of Schools of the Districts (hereinafter referred to
as the Superintendent) has the responsibility of implementing the policies
established by the Committee.

C.
The administrative staff of the public schools of the Amherst, Pelham,
and Regional School Districts has the responsibility for supporting and
providing leadership to effective instruction in our classrooms.

D.
Fulfillment of these responsibilities can be best achieved through
consultations and frank exchanges of views and information among the committee
and their agents, the superintendent, and the administrative staff as policies
related to wages, hours, and other conditions of employment for the
administrative staff are formulated and applied.

E.
We agree to the following principles and procedures in order to
implement these declarations.

F.
Nothing contained in this contract will be construed as limiting the
rights and responsibilities of the School Committee and their agents, the
Association, or individuals as they are defined by the laws of the Commonwealth of Massachusetts.

ARTICLE II

RECOGNITION OF BARGAINING AGENT

Pursuant to the provisions of
Chapter 150E of the Massachusetts General Laws, the Committee recognizes the
Amherst-Pelham Administrators Association/Massachusetts Teachers
Association/National Education Association as the exclusive bargaining agent
for a unit of Amherst-Pelham School Administrators comprised of the following
positions:

Special
Education Administrator K-8

Special
Education Administrator, 9-12

Special
Education Transitions Administrator

Secondary School
Assistant Principals

Middle School
Assistant Principals

Student Services
Administrator

Athletic Director

Elementary School
Assistant Principals

Food Services
Supervisor

But excluding the
Superintendent of Schools, the Assistant Superintendent of Schools, the
Business Manager, Administrative Assistant for Operational Support, Executive
Director for Elementary Curriculum, Executive Director for Secondary Education,
Executive Director for Pupil Personnel Services and all other employees of the
Amherst-Pelham Public Schools.

ARTICLE III

ARTICLES GOVERNING COMPENSATION AND OTHER CONDITIONS OF EMPLOYMENT

The Superintendent shall
ensure that a written copy of this contract, including Articles governing
compensation and other conditions of employment for administrative employees,
is sent to all members of the Association. A master copy of the negotiated
contract will be signed and dated by the Superintendent and the then President
of the Association and will be maintained for reference of the Association and
Committee in the office of the Superintendent. No Article of this contract
which is in effect on the effective date of this contract shall be revised or
new policies regarding compensation or conditions of employment shall be
established except as provided in Article IV of this contract.

ARTICLE IV

CHANGING THE PROVISIONS OF THIS CONTRACT DURING ITS
TERM

The parties agree that all
negotiable items have been discussed during the negotiations leading to this
Agreement, and, therefore, agree that negotiations will not be re-opened on any
item, whether contained herein or not during the life of the Agreement, unless
mutually agreed to by both parties. Neither the creation of new provisions, nor
the abolishment nor revision of Articles of this contract may be implemented by
the Committee during the term of this contract unless the Association agrees to
such creation, abolishment or revision. However, during the term of this
contract, both the Association and the Committee may propose negotiations
leading to new provisions, the abolishment or revision of Articles of this
contract, or sections thereof. Neither party is obliged to consider such
proposals. If both parties agree to negotiated changes in this contract during
its term and if changes are agreed to by both parties, such changes will be
implemented in a manner mutually agreeable and effective on a specified date
mutually agreeable. Such changes will be signed by both the Superintendent and
the then President of the Association and filed in the Superintendent's office
with the master copy of this contract. If either the Association or Committee
does not ratify the proposed change, it shall not be implemented during the
term of this contract. For the purposes of this Article, the negotiation of
changes in any Article or section thereof shall leave unaffected other Articles
or sections thereof.

ARTICLE V

NEGOTIATIONS PROCEDURE/DURATION

A.
This Agreement shall continue in full force and effect from July
1, 200 4 through June 30, 2007, with wage adjustments to become
effective in
conformity with and on the dates specified in the schedule attached
hereto and
made a part of this Agreement.

B.
Collective bargaining for a new Agreement to become effective upon the
expiration of this Agreement may be reopened by either party by November 1, 2006, by giving written notice to the other party.

In the event an impasse occurs,
either party or parties jointly may petition the State Board of Conciliation
and Arbitration to initiate fact finding in accordance with Chapter 150E of the
General Laws of Massachusetts.

C.
If negotiations for a successor Agreement are not completed by
June 30, 2007, the provisions of this Agreement will remain in full
force and effect until
said successor agreement is executed.

D.
In cases involving complete agreement, a proposed contract will be adopted
by the Committee at its next regular meeting after the Agreement has been
defined and ratified by an official vote of the Association.

ARTICLE VI

GRIEVANCE PROCEDURE TO BE UTILIZED IN DISPUTES OVER
INTERPRETATION OF PROPER IMPLEMENTATION OF POLICIES ASSOCIATED WITH THIS
CONTRACT

It is conceivable that
disputes may arise over the interpretation and proper implementation of
policies associated with conditions of employment for administrators in the
Amherst-Pelham Region, Amherst and Pelham School Districts. Any such dispute
will be known as a grievance procedure. Grievances involving the suspension
and/or discharge of an administrator will not be subject to the provisions of
this Article. Appeals to the suspension and/or discharge of an administrator are
subject to Chapter 71, Sections 42 and 42D of the M.G.L. as amended by the
Education Reform Act of 1993.

A.
A member with a grievance must discuss it with his or her immediate
supervisor and/or person involved directly with the objective of resolving the matter
informally within three (3) days of its presentation.

B.
If the grievance is not resolved informally, the petitioner shall notify
the immediate supervisor and, if the petitioner wishes to pursue the grievance,
it shall be reduced to writing and submitted to the Superintendent of Schools.
The Superintendent shall schedule a meeting to occur within five (5) working
days of receiving the grievance petition. Such grievances shall be submitted
to the Superintendent within thirty (30) working days following the date when
the administrators knew or should have known of the event giving rise to the
grievance.

C.
The meeting shall be held for the purpose of presenting and receiving
the petitioner's grievance. Those attending this meeting will include the
Superintendent of Schools, the petitioner, and the Chairman of the APAA
Grievance Committee.

D.
The Superintendent of Schools shall render a decision on the grievance
in writing and present it to the petitioner and APAA within five (5) working
days of receiving the grievance.

E.
If the petitioner and/or APAA are not satisfied with the decision
rendered by the Superintendent of Schools, an appeal may be filed in writing
with the School Committee of the school district which is the major employer of
the petitioner. This appeal will be received at the next scheduled meeting of
the School Committee following the decision rendered by the Superintendent of
Schools.

F.
At the next School Committee meeting following the meeting at which the
appeal was received, the School Committee shall hold a hearing on the
grievance. The hearing shall be attended by the School Committee, the
Superintendent of Schools or designee, the petitioner and the Chairman of the
APAA Grievance Committee.

G.
The School Committee shall render a decision at the next School
Committee meeting following the meeting at which the hearing was held. The
decision shall be in writing and a copy shall be given to the petitioner and
the APAA.

H.
If the decision of the School Committee is not satisfactory, the APAA
may file the grievance, within ten (10) working days of the decision, with the
American Arbitration Association for resolution under its applicable rules.
The expense of the arbitrator shall be shared equally by the Committee and the
Association.

I.
The arbitration award shall be final and binding upon the School
Committee, the APAA and the petitioner.

J.
Nothing contained herein is intended to exclude additional
observers/advisors for either the member presenting the grievance or other
parties to the grievance in all meetings outlined above.

K.
Emergency procedure: If in the
opinion of the petitioner, the APAA, or the School Committee, a situation
arises which demands immediate attention, the petitioner or APAA will be
granted a meeting with the School Committee within ten (10) working days after
a written definition of the emergency and the grievance is delivered to the
Superintendent of Schools and the President of the Association. The procedure
would then follow steps F, G, and H above.

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

ARTICLE VII

DURATION OF THIS CONTRACT

This contract
becomes
effective July 1, 2004. The contract shall continue in force through
June 30, 2007. Modifications of the contract and/or partial waiving of
its contents prior
to the stated expiration date can be accomplished only if both the
Association
and the Committee agree to such in writing.

ARTICLE VIII

SALARY SCHEDULES

A.
The salary schedules negotiated for 2004-2005, 2005-2006, and 2006-2007
are attached to this contract as Appendix A. It is agreed that these salary
schedules represent the following annual percentage increases to the salary
schedule: 2004-2005 - 1.5% retroactive, 2005-2006 - 2.5%, 2006-2007 - 3.5%.

B.
The committee agrees to arrange for the direct bank deposit of salary
payments, but retains the right to determine the mechanics and procedures
including but not limited to the selection of the primary banking agent.

ARTICLE IX

INSURANCE, RETIREMENT, AND LONGEVITY BENEFITS

Section 1. Health and
Life Insurance

The
Committee shall assume responsibility for payment of the percent of a group
insurance contract as determined for the total group to which employees belong,
or a like dollar amount to a contract with an approved health maintenance
organization, payment of the same percent of a group life insurance contract in
accordance with the provisions of Chapter 32B of the Commonwealth Laws. The
Committee will provide a tax-free dollar plan for Health and Life Insurance
premium deductions.

Section 2. Retirement
Benefit

A.
$2500 increment will be granted in his/her last year of employment to
any administrator who retires from the school system under Massachusetts retirement
or disability laws provided that:

1.
The administrator has been employed in any professional capacity fifteen
or more years in the Amherst, Pelham, and/or Regional Public Schools, and

2.
The administrator provides the Superintendent with a written notice of
intent to retire by December 1st of the school year prior to his/her last
employment year.

This retirement increment shall not be considered regular
earnings under Chapter 32 of the Massachusetts General Laws.

Section 3. Term
Life Insurance

The School Committee shall
provide term life insurance for administrators with individual coverage to be
limited by the employee's total annual salary. The School Committee and
employee shall each pay 50% of the premium cost. Participation in this benefit
is voluntary on the part of the employee.

At the administrator's
option, the coverage will be upgraded on the first anniversary following the
effective date of a new contract to reflect the administrator's salary for the
following school year.

Section 4. Longevity
Benefit

A longevity benefit increment
will be added to the salary of each administrator who has been employed by the
Committees for at least 13 years according to the following scale:

A. Schedule beginning with the 2003-2004
Contract Year and beyond shall be:

The beginning of the 10th
- 13 years $955

The beginning of the 14th
- 18th years $1273

The beginning of the 19th
year - 23 years $1591

The beginning of the 24th
year + $1910

Section 5. Early
Retirement Benefit

A bargaining unit member who
has completed twenty (20) or more years of service with the Committee, who
intends to retire and gives such written notice to the Superintendent on or
before December 1 of the calendar year prior to the school year in which
retirement will take place, who gives such notice prior to reaching age
sixty-two (62) shall be entitled to a one-time payment as an incentive to
retire. This payment will be in addition to the retirement benefit in Article
IX, Section 2. This one-time payment will be made on or before July 30 of the
calendar year in which retirement takes place. The retirement incentive
payment made under this provision will not be considered regular earnings under
Massachusetts General Law, Chapter 32.

The one-time payment will be
a percentage of the difference between the employee's regular annual salary at
the time of retirement and the first step of the level on the Administrative
Salary Schedule to which the employee is currently assigned. The following
percentages will apply:

Age upon retirement

Percentage

54 and younger

0%

55

100%

56

95%

57

90%

58

85%

59

80%

60

70%

61

60%

62

50%

63 and older

0%

ARTICLE X

PROFESSIONAL GROWTH

Section 1. Membership in
Professional Organizations

The School committees shall
pay the membership fee of one professional education organization for each
member of the administrative staff.

A. Each
administrator shall designate annually the organization of his/her choice.

B. The
organization must be related to his/her administrative assignment, and be one
which is approved by the Superintendent.

C. It is the
responsibility of each administrator to provide timely budget information
annually to assure funding of membership fees.

Section 2. Professional
Travel

A.
As part of professional and system-wide growth and improvement, each
system administrator will be encouraged to attend a regional or a national
conference on a regular basis. Time shall be authorized each year for
administrators to participate in such conferences. Specific times to be used
for this purpose shall be subject to approval by the Superintendent.

B.
The appropriate School Committee may provide reimbursement to
administrators for expenses incurred in attending such conferences according to
the following guidelines:

1.
The conference or convention must be related to the administrator's
assignment, and is subject to the approval of the Superintendent.

2.
Each administrator will submit a tentative cost for the proposed
conference before November 1 of the preceding fiscal year for budget purposes.

3.
The School Committee shall annually designate the sum of two thousand
dollars ($2000) specifically for each administrator to use in accordance with
this policy.

In addition, the School Committee
will establish a $3,000 pool of money each contract year to be distributed
among those Administrators whose professional travel expenses exceed the
above-stated amounts. This pool of money will be distributed at the discretion
of the Superintendent.

C.
Any administrator whose regularly assigned duties require travel in
excess of one mile between school buildings shall be compensated for such
travel at the rate authorized by the IRS in each calendar year.

Section 3. Professional
Growth Programs

A.
The Association recognizes the obligation of each member to pursue a program
of professional growth, which will be reviewed annually by the Superintendent.
The Association will offer its members at least one professional growth program
each year toward meeting this need.

B.
The Committee shall be responsible for travel, meals, lodging, and fee
expenses incurred by administrators in connection with attendance at
conferences, meetings and other events undertaken as part of their professional
responsibilities when their participation in such events is required by the
Committee or the Superintendent

C.
The Committee shall annually designate a sum of money for professional
growth programs. The School Committee will budget $2000 per year for such
purpose.

D.
Each administrator with a doctorate shall be entitled to an annual lump
sum amount of two thousand dollars ($2000) beginning in the 2002-2003 contract
year.

ARTICLE XI

VACATIONS AND HOLIDAYS

Section 1.

A.
All administrators are entitled to twenty-two (22) days of vacation
annually to be scheduled through and subject to approval by the
superintendent's office. Unused vacation shall be cumulative to a maximum of
forty-four (44) days.

B.
Upon completion of fifteen (15) years of service in the local school
systems, administrators will be eligible for twenty-seven (27) days of vacation
annually, cumulative to a maximum of 54 days.

C.
Any administrator requesting 30 or more vacation days for use at one
time, shall submit such request to the Superintendent at least 6 weeks in
advance of the date on which such vacation use is proposed to begin.

Section 2.

A. The following days shall be recognized as legal holidays:

New Year's Day

Memorial Day

Veteran's Day

Martin Luther King Day

Independence Day

Thanksgiving Day

President's Day

Labor Day

Day after Thanksgiving

Patriot's Day

Columbus Day

Christmas

B. Whenever one of the holidays set forth in the above section
falls on:

1.
Saturday - the preceding day shall be the legal holiday (except when
classroom sessions are being held in schools).

2.
Sunday - the following day shall be the legal holiday.

ARTICLE XII

LEAVES

Section 1. Sick
Leaves

A.
Sick leave is intended to provide insurance against loss of income due
to personal illness.

B.
Each member of the administrative staff shall be entitled to eighteen
(18) days of sick leave with full pay per contract year. Each eighteen (18)
days of sick leave shall exist as of the date of contract, provided that the
administrator is present to assume his/her contractual obligations. In the
event of non-appearance caused by accident or illness, such administrator's pay
may be withheld, with due notification to the person, pending the assumption of
contractual responsibility.

C.
Such sick leave shall be cumulative to 245 days.

D.
Absence by reason of death or critical illness in the immediate family
shall not be charged against sick leave.

E.
A bargaining unit member who has completed twenty (20) or more full
years of service with the Committees, will, upon voluntary termination of
employment, and if their accumulation of sick leave is at least 140 days, be
compensated for their unused accumulated sick leave at the rate of twenty-five
dollars ($25) per day. A voluntary termination will be limited to retirement
and/or a normal resignation resulting from another employment opportunity.

F.
Employees are permitted to use eighteen (18) days of sick leave for the
following:

1.
Birth of a child if the employee is the non-birth parent;

2.
Adoption of a child (if two [2] staff members are parents of the child,
only one of the parents may use sick leave.)

Employees are
permitted to use up to ten (10) days for the following:

3.
Serious medical condition of a family member within the scope of the
FMLA;

4.
Serious medical condition for an individual where the employee is needed
to care for them.

In the case of Sections a and b
above, the employee and supervisor may agree that such leave may or may not be
continuous.

In those cases involving Sections c
and d above, the employee must produce a completed Department of Labor
certification of serious health condition for the family member or individual
before using the sick leave.

Section 2. Personal Leave

A.
Up to three (3) days per year of personal leave will be allowed for each
full-time member of the administrative staff. Such personal leave will not be
charged against sick leave.

B.
Additional personal leave, up to a combined maximum of eighteen (18)
days per year may be granted by the School Committee. Such additional leave is
normally charged against sick leave at the discretion of the School Committee.

C.
Personal leave will be used to take care of problems or business for
which absence is not authorized under any other portion of the personnel
policies and will be granted without reference to the specific nature of the
request.

D.
The above policy shall not be used to gain extended vacation.

E.
Personal leave shall not be cumulative.

F.
Small Necessities Leave - An employee eligible for FMLA leave shall be
entitled to up to twenty-four (24) hours of leave per contract year as provided
by G.L. x. 149, §52D; a copy of the law may be obtained from the
Superintendent's office. When an eligible employee takes such leave, such
leave shall be deducted from personal leave.

Section 3. Family Medical Leave Act

A.
Parental Leave of Absence

1.
A parental leave of absence shall be granted upon request to any employee
for the purpose of giving birth to and/or rearing a newly born infant.
Further, a parental leave of absence shall be granted upon request to any
qualifying employee for the purpose of the adoption, the foster placement,
and/or rearing, or a newly adopted, or newly placed foster child seven (7)
years of age or younger, or in the case of a child who is physically or
mentally disabled, twenty-two (22) years or younger.

In order to
qualify for the parental leave of absence:

a.
As soon as practicable after the female employee determines that she is
pregnant, she shall inform the Superintendent.

b.
The employee must intend to return to work at the conclusion of the
leave of absence.

c.
The employee shall notify the Superintendent, in writing, at least 45
school days prior to the probable date said leave or disability is to commence
or as soon as is practicable. At the time of the notification, the employee
shall select, in writing, one of the following options, if applicable:

1.
Extended leave without pay not to exceed one year beyond the school year
in which the leave commenced. A female employee is entitled to use sick leave
benefits for certified disability resulting from childbirth and recovery
therefrom during the period of this leave. Up to the first twelve (12) weeks
of such leave shall be considered leave pursuant to the Family Medical Leave
Act (FMLA), if the employee were eligible[1]
for FMLA leave.

2.
Leave of twelve (12) weeks duration pursuant to the Family Medical Leave
Act of 1993 (FMLA Leave), depending upon the employee's eligibility. A female
employee is entitled to use sick leave benefits for certified disability
resulting from childbirth and recovery therefrom during the period of this
leave. If the employee is not eligible for FMLA leave and does not want an
extended leave of absence, she is entitled to leave the length of her
disability period, or eight (8) weeks leave pursuant to G.L. c. 149, § 105D.

3.
A male employee may use up to eighteen (18) days of personal leave
during a FMLA leave pursuant to Section 2 (b) of Personal Leave.

4.
An employee on an extended leave pursuant to Section c (1) may return to
work at the beginning of a school year or the beginning of the second semester.

5.
While an employee is on paid sick leave or FMLA leave, the Committee shall
continue its contribution toward the employee's health insurance premium,
provided that the employee makes timely payment of his/her contribution toward
the health insurance premium. An employee on an unpaid, non-FMLA leave of
absence may continue his/her insurance coverage during the leave of absence
provided that he/she pays 100% of the monthly premium.

6.
Notice of Return to Work

(a)
Extended leave: An employee on an extended leave pursuant to Section 1
(c) (1) above shall notify the Superintendent by March 1 (if she/he were
scheduled to return at the beginning of the school year) whether or not she/he
is going to return to work at the beginning of the school year. An employee on
an extended leave pursuant to Section 1 (c) (1) above shall notify the Superintendent
by September 1 (if she/he were scheduled to return at the beginning of the
second semester) whether or not she/he is going to return to work at the
beginning of the second semester.

(b)
FMLA leave: An employee on FMLA leave shall notify the Superintendent
at least four (4) weeks prior to his/her scheduled date of return from leave
whether or not she/he intends to return to work.

B.
FMLA Leave for Serious Health Condition

1.
An eligible employee may be entitled to up to twelve (12) weeks of
unpaid leave of absence per contract year due to his/her own serious health
condition or the serious health condition of a member of his/her immediate
family. Fact sheets from the Department of Labor which describe the terms of
this leave are available from the Superintendent's office.

2.
An eligible employee shall apply in writing for such leave at least four
(4) weeks in advance of such leave, unless extenuating circumstances prevent
such notice, in which case the employee shall provide as much notice as
possible. As part of the application, the employee shall submit a Department
of Labor certification of a health care provider. Copies of this form are
available from the Superintendent's office.

3.
While an employee is on approved FMLA leave, the Committee shall continue
its contribution toward the employee's health insurance, if the employee is
insured through school department provided that the employee makes timely
contribution toward the health insurance premium.

4.
The employee shall utilize all sick leave and vacation concurrently with
the FMLA leave.

5.
Prior to an employee's return from FMLA related to his/her own serious
health condition, the Superintendent may require a fitness for duty certificate
from the employee's health care provider.

Section 4. Special Leave

A.
Special leave will be granted by the Superintendent for up to a maximum
of four (4) days in any one contract year, by reason of critical illness or
death in the immediate family of the administrator or of the administrator's
spouse. "Immediate family" shall be interpreted to include parents
(including foster parents), sister, brother, daughter, son, grandparents,
grandchildren or a member or a former member of the immediate household. Such
special leave shall not be charged against sick leave.

B.
Special leave will be granted for the observance of religious
obligations upon prior notification to the Superintendent.

Section 5. Job Related Assault/Injury Protection

A.
Administrators shall report immediately to the Superintendent, in
writing, all cases of assault suffered by them in connection with their
employment. The alleged assault will be promptly investigated by the
Superintendent. Nothing in this provision shall preclude the reporting of such
assault to the police and/or the court by the Superintendent and/or the
Administrator assaulted. If criminal or civil proceedings are brought against
an administrator alleging that a physical assault was committed while acting
within the scope of official duties or employment, the Committee will furnish
and select legal counsel to defend the administrator in such physical assault
proceeding, if so requested. If the administrator desires to bring criminal or
civil proceedings in connection with an alleged assault suffered while acting
within the scope of official duties or employment, such administrator may
request the Committee to furnish and select legal counsel to represent the
administrator in such proceedings. If the Committee does not provide such
counsel and the administrator, after having requested in writing, prevails in
the proceedings, then the Committee will reimburse the administrator for
reasonable counsel fees incurred.

B.
Whenever an administrator is absent, as a result of personal injury
compensable under the Massachusetts Workers' Compensation received through the
above-referenced Massachusetts Worker's Compensation Law, he/she shall be paid
full salary, reduced by any compensation received through the above-referenced
Massachusetts Workers' Compensation Law, with the difference between the administrator's
full salary and the amount received through Workers' Compensation is charged to
accumulated sick leave. In any event, the administrator will not receive total
compensation under this provision in excess of the administrator's regular
salary for the period of disability.

C.
The committee will reimburse administrators for reasonable costs for:

1.
Any clothing or other personal property damaged or destroyed in
connection with such personal injury due to assault occurring in the course of
employment less the amount of any insurance reimbursement; and

2.
The cost of medical, surgical or hospital service (less the amount of
any insurance reimbursement) incurred as the result of any injury due to
assault sustained in the course of employment.

Section 6. Professional Leave

A.
Eligibility

1.
Up to one (1) year of leave for professional improvement may be granted
to any member of the administrative staff who will have been employed in this
system in any professional capacity for six (6) years at the beginning of the
proposed leave, and who has not had such a leave during that period.

2.
Ordinarily no more than two administrators may be granted leave within
any contract year, and no more than one at a time from any of the following
categories: elementary, secondary, central.

3.
Special requests may be made to the School Committee for a waiver of any
portion of this section of the professional leave policy.

B.
Application and Review

1.
Proposals for professional leave shall be submitted to the School
Committee through the Superintendent in time for discussions of the following
year's budget. The Superintendent shall receive such proposal by November 1
preceding the school year in which such leave is proposed to commence. The
Superintendent shall ensure that provisions for any proposed administrative
professional leave are included in his budget proposal to the appropriate
School Committee.

2.
Professional leave is intended to be of benefit to the school district
and may be granted for the following purposes:

a.
Graduate study relating to the applicant's professional responsibilities
at an accredited institution of higher education.

b.
Research or investigation of new methods, techniques, or materials which
show promise of improving education in this school district.

c.
Research and/or writing leading to an advanced degree and/or
publication.

d.
Travel for the purpose of work, study or professional improvement.

3.
Proposals for professional leave shall conform to the following format:

a.
A statement of purpose related to one or more of the purposes of Section
6 (b) (2).

b.
A description of plans, calendar and itinerary as specific as possible.

c.
An explanation of how the professional leave, if granted, will be of
benefit to the school district.

4.
In the event the Committee disapproves a proposal for professional
leave, the Committee shall, in writing, detail to the applicant the grounds for
disapproval.

C.
Implementation

1.
Compensation for such leave shall ordinarily be:

a.
at full pay for one-half year, or

b.
at half pay for one full year.

2.
A member of the administrative staff accepting such a leave
shall enter
into a written agreement with the School Committee in accordance with
the
provisions of Chapter 71, Section 41A of the General Laws of the
Commonwealth of Massachusetts requiring for a minimum period of
employment of twice the
length of leave after the leave is completed.

3.
Failure to fulfill the terms of the approved proposal may result in
forfeiture or reimbursement to the Amherst-Pelham Regional School District of the amount of salary paid for the period of leave.

4.
Receipt of scholarship aid, research grants, or supplementary income
from other sources related to leave shall not influence payment of salary for
the period of leave.

Section 7. Leave Without Pay

Any person who has served as an administrator in the system
for at least one full year, may be granted up to one year's leave of absence
without pay for justifiable reasons.

A.
Such leave may be renewable at the discretion of the School Committee in
periods not to exceed one year.

B.
An individual on leave must indicate to the Superintendent no later than
March 1st, his/her intent for the coming contract year. Failure to comply with
this provision may result in loss of employment in the system.

C.
The granting of such leave shall not alter the administrator's status in
the system except that the period of leave may in exceptional cases be counted
in the computation of time in service for the purpose of advancement on salary
schedule, but may not be used in the awarding of tenure.

ARTICLE XIII

PROCEDURES FOR CHANGING OF ADMINISTRATIVE STAFF
POSITIONS

The Association recognizes
the right of the Committee to:

A. create new administrative positions.

B. establish duties of such new positions.

C. determine placement of such new positions within the appropriate
level of the

administrative salary schedule.

D. Determine placement of an individual at the appropriate step
within that level

However, the Committee agrees
that before a decision is made with regard to points A, B or C above, it will consult
with the Association.

Additionally, the
Association
and the Committee agree that the existing management structure of the
School Districts represents a reasonable staffing and task
responsibility arrangement for
administering and managing the school system. The Association
recognizes the
right of the Committee to alter the existing administrative structure.
Changes
in the existing structure which significantly alter the conditions of
work and
responsibility of any administrator will be discussed with the
Association. The
Association will have the right to bargain over the impact of these
changes,
provided a timely demand to bargain is made to the School Committee by
the
Association.

ARTICLE XIV

REDUCTION IN ADMINISTRATIVE STAFF

In the event the School
Committee determines that a reduction in administrative staff may be necessary,
the release of administrators shall be in compliance with applicable statutes
of the Commonwealth of Massachusetts and in accordance with the following
provisions:

A.
The Committee and the Association shall annually review the
administrative structure of the school districts and shall report publicly at
the regular December meetings of the School Committees. Such a report shall
include an announcement of any anticipated or contemplated reductions in
administrative staff.

B.
Any administrator whose administrative contract is terminated, as the
result of a RIS decision, shall receive a written notice within ten (10)
calendar days stating the administrator's release from his or her
administrative assignment was due solely to a reduction of administrative
staff.

C.
Any administrator whose contract is terminated, as the result of a RIS
decision, shall be allowed to complete his or her present contract year.

D.
If the School Committee acts to abolish an administrator's position, the
following terms shall be put into effect:

1.
Any administrator, released due to RIS, who holds professional status as
a teacher in the school system shall retain all rights pertaining to teachers
with professional status at the time of release. Any such administrator
receiving a teaching appointment shall be placed on the teachers' salary
schedule at the appropriate step and/or level, taking into account both years
of teaching and administrative experience

2.
Any administrator, released due to RIS, who is offered and accepts
another professional position in the school district at a lower (yearly) salary
schedule, shall be employed by the District for the summer immediately
following the reduction. Remuneration for the summer employment shall be at
the per diem rate calculated from the administrator's former yearly salary.

Said summer remuneration shall not
increase the current fiscal year total remuneration beyond the administrator's
former salary. Every effort will be made to employ the former administrator
during the summer subsequent to reduction as many days as possible in order to
approximate the administrator's former yearly salary.

3.
Any administrator, released due to RIS, who is not offered another
professional position in the district for the following year and who has held a
professional position in the district for more than ten (10) years shall
receive a retirement benefit of $2000 added to their salary for the remainder
of their administrative appointment.

4.
Any administrator, released due to RIS, who is offered another
professional position in the district but who does not accept that position,
releases the School Committee from any financial obligation for either
transactional or retirement pay subsequent to the reduction.

5.
Any administrator released due to RIS while on professional leave shall
be held blameless by the School Committee and shall be released from the
obligation stipulated by Chapter 71, Section 41A.

E.
All provisions of this policy affect only those administrators holding
regular administrative appointments, and do not apply to positions which are
temporary or have been vacated. However, prior to taking any action to abolish
a temporary or vacated position, the Committee will provide at least two weeks
notification to the APAA to provide for consultation on any such proposed
action.

ARTICLE XV

NO STRIKE CLAUSE

During the term of this
Agreement, the parties hereto agree that there shall be no strikes of any kind
whatsoever, work stoppages, withholding of services, slowdowns, or interference
or interruption of the operation of the School Department by any employees or
the Association..

Nor shall there by any strike
or interruption of work during the term of this Agreement because of any disputes
or disagreements between any other persons (or other employers or unions) who
are signatory parties to this Agreement.

Employees who violate this
provision shall be subject to disciplinary action, including discharge, and any
claim by either party against the other of a violation of this article shall be
subject to arbitration as provided for on Page 4 of this Agreement.

ARTICLE XVI

ADMINISTRATIVE RIGHTS AND RESPONSIBILITIES

Section 1. Administrative
Responsibilities

The responsibilities of each
administrative position shall be contained in a written position description
prepared in consultation with the affected administrator and maintained by the
Superintendent. Each administrator shall be provided a copy of his/her own
position description. These position descriptions may be modified only after
consultation with the affected administrator and his/her supervisor.
Modifications in particular position descriptions which result from change in
administrative structure must be made in accordance with the procedures set out
in Article XIII of this Agreement.

Section 2. Administrative
Consultation Policy

A.
During collective bargaining processes between the School Committee and
any other school employee group, administrators who will be responsible for and/or
affected by the implementation of any proposed policy will be consulted for
advice and counsel by the Committees. This consultation shall take place
through the Superintendent utilizing the established management structure of
the school system. This consultation will be sought prior to the final
ratification of such policies.

B.
Before final decisions are made regarding modification of the programs
or buildings, the administrators who will be responsible for and/or affected by
the proposed changes will be consulted. This consultation may take place
through the existing management structure.

Section 3. Complaint Procedures

A.
The Association recognizes the right of all concerned parties to bring
complaints to the appropriate administrators.

1.
In each instance, the complainant will be encouraged to refer that
complaint directly to the administrator against whom the complaint is made.

2.
If resolution is not achieved by the two parties, resolution will be
sought through established administrative procedures.

3.
If the complainant is not willing to seek resolution with the involved
administrator, and if the complaint is considered sufficiently serious, the
complaint may be brought to the attention of the administrator's immediate
supervisor or the Superintendent who may initiate inquiry according to
established procedures. The immediate supervisor or Superintendent may request
a meeting with either or both of the two parties to seek resolution.

B.
Established procedures will be followed toward resolution of authorized
complaints. Memoranda or other documents regarding a complaint should provide
the fullest possible detail.

1.
A complaint will be considered anonymous if the complainant is not
identified to the affected administrator.

2.
Anonymous complaints will not be forwarded in writing, will not in any
way be recorded, and will not in any way be considered in the formal or
informal performance evaluation of administrators.

ARTICLE XVII

PRORATION OF BENEFITS

Employees covered by this
agreement who are employed part-time or who do not complete a full contract
year will have the following benefits prorated based on actual time worked as
an administrator per day and/or year. The benefits to be prorated are salary,
retirement, (increment and incentive) vacation, sick leave, personal leave and
special leave.

ARTICLE XVIII

CORI CHECKS

The parties agree that, pursuant to M.G.L. c.71, 38R,
Criminal Offender Record Information ("CORI") checks will be conducted every
three (3) years for employees covered by this Agreement. An individual's
record may be checked on a more frequent basis, with reasonable cause.

The Superintendent or a Central Office administrator
designated by him/her will be the only persons authorized to request CORI checks.

A copy of an individual's CORI report will be available to
the employee upon request. If the CORI request shows any activity, a copy
will be immediately forwarded to the employee.

All CORI reports will be maintained in the
Superintendent's office, in separate confidential files.

Any
disciplinary action taken as a result of CORI checks will be in
accordance with the terms of this Agreement and/or applicable state law.

ARTICLE XIX

RATIFICATION

IN WITNESS WHEREOF the parties to this contract have caused these
Agreements to be executed by their agents hereunto duly authorized.

SCHOOL COMMITTEES AMHERST-PELHAM

ADMINISTRATOR'S
ASSOCIATION

By
By

______________________________________
______________________________________

Date__________________________________
Date__________________________________

ADMIN CONTRACT 2006/07

ADMIN CONTRACT 2005/06

ADMIN CONTRACT 2004/05

STEP

I

II

STEP

I

II

STEP

I

II

1

$60,385

$63,426

1

$58,343

$61,281

1

$56,920

$59,786

2

$62,495

$65,620

2

$60,382

$63,401

2

$58,909

$61,855

3

$64,602

$67,831

3

$62,417

$65,537

3

$60,895

$63,939

4

$66,713

$70,050

4

$64,457

$67,681

4

$62,885

$66,030

5

$68,816

$72,256

5

$66,489

$69,813

5

$64,867

$68,110

6

$70,922

$74,469

6

$68,524

$71,951

6

$66,853

$70,196

7

$73,028

$76,674

7

$70,558

$74,081

7

$68,837

$72,274

8

$75,283

$79,048

8

$72,737

$76,375

8

$70,963

$74,512

9

$77,562

$81,439

9

$74,939

$78,685

9

$73,111

$76,766

10

$79,837

$83,826

10

$77,137

$80,991

10

$75,256

$79,016

11

$82,353

$86,464

11

$79,568

$83,540

SCHOOL YEAR SALARIES

ADMIN CONTRACT 2006/07

ADMIN CONTRACT 2005/06

ADMIN CONTRACT 2004/05

STEP

I

II

STEP

I

II

STEP

I

II

1

$49,005

$51,473

1

$47,348

$49,732

1

$46,193

$48,519

2

$50,717

$53,254

2

$49,002

$51,453

2

$47,807

$50,198

3

$52,427

$55,048

3

$50,654

$53,186

3

$49,419

$51,889

4

$54,141

$56,848

4

$52,310

$54,926

4

$51,034

$53,586

5

$55,847

$58,639

5

$53,958

$56,656

5

$52,642

$55,274

6

$57,556

$60,435

6

$55,610

$58,391

6

$54,254

$56,967

7

$59,265

$62,223

7

$57,261

$60,119

7

$55,864

$58,653

8

$61,095

$64,150

8

$59,029

$61,981

8

$57,589

$60,469

9

$62,944

$66,091

9

$60,815

$63,856

9

$59,332

$62,299

10

$64,791

$68,028

10

$62,600

$65,728

10

$61,073

$64,125

11

$66,833

$70,170

11

$64,573

$67,797

Level I: Elementary
Assistant Principals, Middle School Assistant Principals, Food Services
Director, Athletic Director

Level II: High School
Assistant Principals, Special Education Administrators, Student Services
Administrator

MEMORANDUM OF AGREEMENT

Administrator's Committee on Performance Pay

The Amherst-Pelham Regional School Committee, the
Amherst
School Committee and the Pelham School Committee (hereinafter the
Committees)
and the Amherst-Pelham Administrator's Association (hereinafter the
Association), as part of the terms of settlement of a collective
bargaining
agreement dated September 1, 2004 to August 31, 2007, hereby agree to
authorize a committee charged with studying and proposing a
performance-based
compensation plan to be negotiated during the term of this agreement
and
implemented in FY2007, as part of successor negotiations.

Said study committee will consist of a number of members of
the Association, as deemed appropriate by the Association, but should represent
all segments of the bargaining unit, including elementary, secondary and
special education staff. The Committee may also consist of up to two (2)
representatives of the Committees, which may include central office and/or
School Committee members. The committee will select its own Chair, assign
tasks among its membership, and establish an agreed upon method of decision
making. The Committee may include consultants or other representatives on a
non-voting basis.

It will be the responsibility of this committee to review
evaluation, development, and compensation models and to propose a new
evaluation process, professional development and compensation model, designed
in relation to established and agreed upon standards of expectations and
performance. The product of this endeavor should include provisions for
ongoing supervision, task training and development, as well as the opportunity
for administrators to advance his/her learning and development. The Committee
is specifically encouraged to investigate evaluation options for individuals in
their first years of employment, as well as for those who are in the middle and
later stages of their professional careers. The committee is further
encouraged to develop a multi-year evaluation process that, consistent with
applicable state and federal statutes and regulations, encourages
self-evaluation, confidential peer coaching, and study projects as components
of the overall performance-based compensation program.

The committee will prepare a proposal for
negotiation by the
Association and the Committees, and is expected to complete its work by
September 15, 2006. No modification of the current system of
evaluation will be
implemented until the negotiation process is complete, and the agreed
upon
changes have been reduced to writing and ratified by the Committees and
by the
Association. At that time, the parties agree that any previous
compensation
and evaluation plan will have been superseded by the new agreement. The
School Committees agree to provide a stipend of up to $1,000 to the Chair of
the study committee and to provide mutually agreeable central office
secretarial support.

[1] An eligible employee for purposes of the FMLA is an
employee who has worked for the school systems for one year or more prior to
the request for a leave of absence and who, during the course of that year,
worked more than 1250 hours.

Employee Contract: Maintenance and Custodial Staff

AMHERST, PELHAM AND AMHERST-PELHAM REGIONAL
SCHOOL COMMITTEES

AND

AFSCME,
COUNCIL 93, LOCAL 1725, AFL-CIO

July
1, 2004 through June 30, 2007

TABLE
OF CONTENTS

ARTICLE
PAGE

PREAMBLE............................................................................................................. 1

1 RECOGNITION...................................................................................................... 1

2 MANAGEMENT RIGHTS...................................................................................... 2

3 NO-STRIKE CLAUSE............................................................................................ 2

4 ZIPPER CLAUSE.................................................................................................... 2

5 VOIDABLE WAIVER CLAUSE............................................................................. 3

6 SAVINGS CLAUSE................................................................................................ 3

7 GRIEVANCE AND ARBITRATION...................................................................... 3

8 DISCIPLINE AND DISCHARGE........................................................................... 5

9 HOURS OF WORK................................................................................................ 6

10 REPORTING TIME................................................................................................. 7

11 REST PERIODS....................................................................................................... 7

12 MEAL PERIODS..................................................................................................... 8

13 CLEAN UP TIME.................................................................................................... 8

14 CALL TIME............................................................................................................. 8

15 OVERTIME............................................................................................................. 8

16 LEAVES OF ABSENCE........................................................................................ 10

17 SICK LEAVE......................................................................................................... 14

18 PERSONAL LEAVE.............................................................................................. 15

19 VACATION........................................................................................................... 15

20 WAGES................................................................................................................. 17

21 WAGE RATES....................................................................................................... 18

22 HOLIDAYS........................................................................................................... 19

23 LONGEVITY PLAN.............................................................................................. 20

24 RETIREMENT BENEFIT...................................................................................... 21

25 SUPPLEMENTAL BENEFITS.............................................................................. 22

26 PART-TIME EMPLOYEES................................................................................... 23

27 SENIORITY........................................................................................................... 23

28 CLASSIFICATION AND
RE-CLASSIFICATION.............................................. 26

29 GENERAL PROVISIONS..................................................................................... 27

30 UNION REPRESENTATIVES.............................................................................. 30

31 UNION DUES....................................................................................................... 30

32 LABOR-MANAGEMENT COMMITTEE............................................................. 31

33 HEALTH AND SAFETY....................................................................................... 31

34 CONTRACTING AND
SUBCONTRACTING OF PUBLIC WORK.................. 32

35 MANAGERIAL EMPLOYEES.............................................................................. 32

36 SICK LEAVE BUY BACK.................................................................................... 33

37 EMPLOYEE EVALUATION................................................................................. 33

38 PROTECTION....................................................................................................... 35

39 AGENCY SERVICE FEE...................................................................................... 35

40 DURATION........................................................................................................... 36

APPENDIX A: 2000-2001 Salary Schedule............................................................ 37

APPENDIX B: 2001-2002 Salary Schedule............................................................ 40

APPENDIX C: 2002-2003 Salary Schedule............................................................ 41

APPENDIX D: 2003-2004 Salary Schedule............................................................ 42

PREAMBLE

This
Agreement entered into by the Amherst, Pelham and Amherst-Pelham Regional
School Committees, acting as three (3) district governmental identities,
hereinafter referred to as the Employer or the School Committee, and Local
#1725, AFL-CIO, hereinafter referred to as the Union, has as its purpose the
promotion of harmonious relations between the Employer and the Union, the
establishment of an equitable and peaceful procedure for the resolution of
differences, and the establishment of wages, standards of productivity and
performance, hours and other terms and conditions of employment.

ARTICLE
1

RECOGNITION

The
Employer recognizes the Union as the sole and exclusive bargaining agent for
the purpose of establishing wages, standards of productivity and performance,
hours, and other terms and conditions of employment for all employees who are
party to the bargaining unit of the Amherst, Pelham and Amherst-Pelham Regional
School Committees as certified by the Massachusetts State Labor Commission on
April 25, 1978. The classifications
covered under the terms of this contract are hereby identified as:

All
regular full-time and part-time employees performing custodial, maintenance,
driver and general laborer work, excluding the Maintenance and Transportation
Administrator, seasonal, casual and all other employees.

Should
any new classified classification(s) be added to the work force, the Union
shall be notified. The Employer and the
Union shall meet to determine whether or not that classification(s) shall be
added to the bargaining unit. If
Agreement cannot be reached, the matter may be referred to the Massachusetts
State Labor Relations Commission by the Union with a request that the
Commission make a determination. In the
event it shall be finally adjudicated that the classification(s) should be
added to the bargaining unit, the position shall then be subject to the
provisions of the job posting and bidding article contained in this
Agreement. The Employer will not aid,
promote or finance any labor group or organization which purports to engage in
collective bargaining, or make any agreement with any such group or individual
for the purpose of undermining the Union or changing any condition contained in
this Agreement.

The
bargaining agent for the Employer specifically represents that it will in good
faith seek from an appropriate governing body the necessary appropriations and
by-law changes necessary to accomplish the terms of this Agreement. It is understood by the parties that all
provisions that all provisions of this Agreement which require that necessary
appropriations be made and authorized by the School Committee are subject to
said authorization and conditional upon the granting of said authorization by
the School Committee; and in the event that said necessary authorization is not
given the School Committee, said matters shall be returned to the Parties for
further bargaining without any obligation to conform to the earlier Agreement
in their record.

1

ARTICLE
2

MANAGEMENT
RIGHTS

The
Parties agree that the operation of the School District, the supervision of the
employees and of their work are the rights of the Committee and/or the
Superintendent alone. Accordingly,
subject to the provisions of this Agreement, the making of reasonable rules to
ensure orderly and effective work, to determine the quantity and types of
equipment to be used; to introduce new methods and facilities; the making of
work schedules; the determination of what and where duties will be performed;
and of employee competency; the hiring, transfer, promotion, demotion, lay-off,
recall, discipline or discharge of the employees for just cause without
discrimination; and to inform the employees concerning the employment matters
are exclusive rights of the Committee and/or the Superintendent. The foregoing enumeration of the Committee's
and/or the Superintendent's rights shall not be deemed to exclude other rights
not specifically set forth, and the Committee and/or the Superintendent
therefore retains all rights not otherwise specifically restricted by this
Agreement. The exercise by the Committee
and/or the Superintendent of any of the foregoing rights shall not alter any of
the specific provisions of this Agreement; nor shall they be used to
discriminate against any member of the bargaining unit.

In the event that
a new employee is hired to fill a position at Grade F or above, the District
reserves the right to unilaterally place him/her on the step within his/her
grade that it deems, in its sole discretion, is most appropriate.

ARTICLE
3

NO-STRIKE
CLAUSE

During
the term of this Agreement, the Parties hereto agree that there shall be no
lockouts nor any strikes of any kind whatsoever; work stoppages; slow-downs; or
interference or interruption with the operations of the School Department by
any employees or the Union. Nor shall
there be any strikes or interruption of work during the term of this Agreement
because of any disputes or disagreements between any other parties who are not
signatories to this Agreement. Employees
who violate this provision shall be subject to disciplinary action and any
claim by either party against the other of a violation of this Article shall be
subject to arbitration as provided for under Article 7 of this Agreement.

ARTICLE
4

ZIPPER
CLAUSE

The
Parties to this Agreement hereby expressly waive any right to require the other
to discuss, negotiate or bargain on any subject matter, demands or proposals,
whether or not raised, discussed or negotiated upon during the negotiations
leading to this Agreement and whether or not covered by any of the terms and
provisions of this Agreement.

The
Parties agree and intend that this written Agreement sets forth the wages,
rates of pay, hours and working conditions of employment of employees covered
that are to govern during the term of this Agreement; and no other terms or
conditions shall be added to or subtracted from this Agreement during its term,
by arbitration or otherwise, unless mutually agreed to by the Parties.

ARTICLE
5

VOIDABLE
WAIVER CLAUSE

The
waiver by either party of any provisions or requirements of this Agreement
shall not be deemed a waiver of such provisions or requirements for the future
and shall not constitute a modification of this Agreement.

ARTICLE
6

SAVING
CLAUSE

In the
event any Article, Section or Portion of this Agreement should be held invalid
and unenforceable by any Court of competent jurisdiction, such decision shall
apply only to the specific Article, Section or Portion thereof specifically
specified in the Court's decision; and upon issuance of such a decision, the
Employer and the Union agree to immediately negotiate a substitute for the
invalidated Article, Section or Portion thereof.

ARTICLE
7

GRIEVANCE
AND ARBITRATION

Section 1.

Any
grievance or dispute which may arise between the Parties, regarding the
application, meaning or interpretation of this Agreement, shall be settled in
the following manner:

Step 1. The Union Steward and/or
representative, with or without the aggrieved employee, shall take up the
grievance or dispute in writing with the principal (if the grievant is a
custodian or matron) or with the Maintenance and Transportation Administrator
(if the grievant is a system-wide employee) within seven (7) calendar days of
the date of the grievance or his knowledge of its occurrence. The principal or the Maintenance and
Transportation Administrator shall hold a hearing with the grieving party in an
effort to resolve the matter and shall respond to the employee and steward
within seven (7) calendar days. Nothing
in this step shall preclude the opportunity for informal discussion of the
grievance prior to the formal filing.

Step 2. If the grievance has not been
settled, it may be presented in writing by the said parties grieving to the
Superintendent or the Superintendent's designee within seven (7) calendar days
after the response at Step 1 is received or is due. The Superintendent (or designee) shall hold a
hearing with the grieving parties in an effort to resolve the matter, and shall
respond to the said parties in writing within seven (7) calendar days.

Step 3.

a. If
the grievance is still unsettled in accordance with the procedures prescribed
in Step 2 of this section, then either party may take the issue to arbitration
by filing a written demand with the American Arbitration Association within
thirty (30) calendar days after either the receipt of the written decision of
the Superintendent or the event causing the claim of a violation of Article 3.

b. The
arbitration proceeding will be conducted under the rules of the AAA. The arbitrator shall not have the authority
to add to, subtract from, modify, change or alter any of the provisions of this
Agreement. The award shall be final and
binding on the School Committee, the Union and the Grievant. The expenses and the charge for the
Arbitrator's services shall be shared equally by the School Committee (50%) and
the Union (50%).

c. If
the School Committee claims the Union has violated the No-Strike Article of
this Agreement, it may present such claim to the Union in writing and if the
Parties fail to settle it within ten (10) calendar days, the School Committee
may submit the issue to arbitration under the provision of this Article.

Section 2.

No
employee of the School Committee shall leave his job to present, participate in
a grievance hearing, discuss or investigate a grievance without first obtaining
the consent of his immediate supervisor, and such consent shall not be
unreasonably denied in light of the functions and duties of the particular
employee and his department.

A
grievance shall be considered waived upon failure to appeal the grievance from
one step to another within the designated time limits prescribed in the
procedure.

Section 3.

A Union
officer or steward, and employees directly affected, may receive, discuss and
handle grievances and may attend grievance meetings and disciplinary hearings
on the premises of the Employer or elsewhere during working hours except where
any such activities unreasonably interfere with their work. No deduction shall be made for regularly
scheduled working time lost by a Union officer or steward, or employees directly
affected, in performing their duties as provided in the Grievance Procedure and
as provided for in the prior sentence.

Section 4.

If a
decision, satisfactory to the Union, at any level of the grievance procedure is
not implemented within a reasonable time, the Union may reinstitute the original
grievance at the next step of the grievance procedure.

Section 5.

If the
Employer exceeds any time limit prescribed at any step in the grievance
procedure, the Grievant and/or the Union may assume that the grievance is
denied and invoke the next step of the procedure, except, however, that only
the Union may request impartial arbitration under Step 4.

Section 6.

The
Parties agree that time extensions may be granted by mutual agreement at any
step of the procedure set forth in this Article.

ARTICLE
8

DISCIPLINE
AND DISCHARGE

Section 1. Discipline.

Disciplinary
action or measures shall include only the following:

oral
reprimand

written
reprimand

suspension
(notice to be given in writing)

discharge

demotion

transfer

Any
disciplinary action or measure imposed upon an employee may be processed as a
grievance through the regular grievance procedure.

If the
Employer has reason to reprimand an employee, it shall be done in a manner that
will not embarrass the employee before other employees or the public.

Section 2. Discharge.

The
Employer shall not suspend, demote, transfer or discharge any employee without
specific written reason and just cause.
If, in any case, the Employer feels there is just cause for discharge,
the employee involved will be suspended for three (3) days during which time a
hearing will be held. The employee and
his steward will be notified in writing that the employee has been suspended
and is subject to discharge.

The
Union shall have the right to take up the matter as a grievance at the third
step of the grievance procedure, and the matter shall be handled in accordance
with this procedure through the arbitration step if deemed necessary by either
party.

Any
employee found to be unjustly suspended or discharged shall be reinstated with
full compensation for all lost time and with full restoration of all other
rights and conditions of employment.

ARTICLE
9

HOURS
OF WORK

Section 1. Regular Hours.

The
regular hours of work each day shall be consecutive except that they may be
interrupted by a lunch half hour.

Section 2. Work Week.

The
work week shall consist of five (5) consecutive eight (8) hour days, Monday to
Friday inclusive.

Section 3. Work Day.

Eight
(8) consecutive hours of work, exclusive of the lunch period, within the
24-hour period beginning at midnight shall constitute the regular work day
(excepting part-time personnel).

Section 4. Work Shift.

Eight
(8) consecutive hours of work, exclusive of the lunch period, shall constitute
a work shift (excepting part-time personnel).
All employees shall be scheduled to work on a regular work shift, and
each work shift shall have a regular starting and quitting time, although this
may be adjusted during school vacation periods in accordance with present
practice.

Section 5. Work Schedule.

Work
schedules showing the employees' shift, work days and hours shall be posted on
all department bulletin boards at all times.
The hours and/or days of an employee's particular shift will not be
changed without prior consultation with the Union. In the event that an employee's shift, hours
and/or days are to be changed, the Employer shall give the affected employee,
in writing, fourteen (14) days advance notice of the proposed change including
the reason(s) for the change. Disputes
regarding the reasonableness of any change in the work schedule will be subject
to the grievance procedure.

Notwithstanding
the preceding paragraph, the Employer retains the right to make temporary
changes in an employee's shift, hours or work days, if such a temporary change
is made based on an operational need and not solely to avoid payment of
overtime. The Employer will give notice
to employees of such temporary changes as soon as practicable and feasible.

The
above provisions shall be subject to the following conditions:

A) Whenever
an employee's shift, days of work or hours of work are to be changed, such
changes shall be made in inverse order of seniority within a classification.

B) Before
involuntary changes are made to an employee's work schedule, the Employer shall
seek qualified volunteers.

C) An
employee whose schedule is involuntarily changed shall be given first
opportunity to return to his prior schedule or shift, provided such schedule or
shift is reinstated or otherwise becomes available for that employee's
classification.

D) When
a grievance concerning the reasonableness of a change hereunder has been
processed to Step 4, it shall be subject to processing for arbitration to a
panel made up of the following persons deemed acceptable arbitrators by the
parties:

A)
Mark Grossman D) Robert
Gartska

B)
James Cooper E) Garry
Alltman

C)
Timothy Bornstein

The
matter shall be heard, after the above arbitrators have been called by either
party, on the earliest date offered, on which the parties can attend a
hearing. Such arbitration hearing shall
be heard in accordance with all the provisions of Article VII concerning
Arbitration, which are not inconsistent with the procedure laid out herein.

ARTICLE
10

REPORTING
TIME

When
any employee reports for and starts to work as scheduled, and insufficient work
is available, the employee shall be paid for a minimum of four (4) hours work
at the appropriate rate.

ARTICLE
11

REST
PERIODS

All
employees' work schedules shall provide for a fifteen (15) minute rest period
during each one-half shift. The rest
period shall be scheduled at the middle of each one-half shift whenever this is
feasible. Employees who, for any reason,
work beyond their regular quitting time into the next shift, shall receive a
fifteen (15) minute rest period before they start to work on such next
shift. In addition, they shall be
granted the regular rest periods that occur during the shift.

ARTICLE
12

MEAL
PERIODS

All
employees shall be granted a one-half hour lunch period during each work
shift. Whenever possible, the lunch
period shall be scheduled at the middle of each shift. Night crews shall ordinarily remain on the
premises during their lunch period and that time shall be counted as part of
their regular work day.

The
Employer shall provide for a meal to any employee who is required to work in
emergency situations three (3) hours beyond the regular quitting time. The Employer shall provide for additional
meals every four (4) hours thereafter while the employee continues to work.

ARTICLE
13

CLEAN
UP TIME

Employees
shall be granted reasonable time for clean up period prior to the end of each
work shift. Work schedules shall be
arranged so employees may take advantage of this provision.

ARTICLE
14

CALL
TIME

Any employee
called in to work outside his regularly scheduled shift shall be paid for a
minimum of three (3) hours at the rate of time and one-half (1-1/2).@ If the call-time work assignment and the
employee's regular shift overlap, the employee shall be paid the call time rate
of time and one-half (1-1/2) until he completes two (2) hours' work. The employee shall then be paid for the
balance of his regular work shift at the appropriate rate. Call time does not include scheduled additional
time to regular shifts.

ARTICLE
15

OVERTIME

Section 1. Rate of Pay.

Time
and one-half (1-1/2) the employee's regular hourly rate of pay shall be paid
for work under any of the following conditions, but compensation shall not be
paid twice of the same hours.

Section 2. Daily.

All
work performed in excess of eight (8) hours in any work day.

Section 3. Weekly.

All
work performed in excess of forty (40) hours in any work week.

Section 4. Before or After Regular
Hours.

All
work performed before or after any scheduled work shift, unless a schedule
adjustment has been agreed upon by the employee and the employee's immediate
supervisor.

Section 5. Saturday and Sunday Work.

All
work performed on Saturday and Sunday.

Section 6. Payment of Overtime.

Payment
for overtime will be paid in accordance with establishment payroll procedures,
unless the employee prefers compensatory time off in lieu of payment for
overtime services. Such compensatory
time would be subject to the approval of Employer and employee, and be at the
time and one-half (1-1/2) rate.
Compensatory Time may not accumulate in excess of twenty-four (24) hours
at any one time. Annual accumulation may
not exceed forty (40) hours.
Compensatory time off will be at the discretion of the Employer,
scheduled within a reasonable time after requested and at time that would not
unduly disrupt the operation of the School District.

Section 7. Distribution.

The
Employer shall attempt to distribute overtime work fairly among employees within
the same job classification at a particular work site. However, employees assigned overtime duties should be capable of
performing such assignments. A record of
overtime hours worked by each employee shall be kept in the Maintenance Office
for review. For record keeping purposes,
overtime refused shall be counted as time worked.

Section 8. Overtime Calculation.

All
time for which an employee is on full pay status, such as sick leave, vacation,
paid education leave, holiday, family sickness and death, jury duty and Reserve
Military leave and any other paid leave shall be considered time worked for the
purpose of calculating overtime compensation.

Section 9. Work at Employee's Option.

Except
in an emergency, overtime work shall be voluntary. There shall be no discrimination against any
employee who declines to work overtime.

Section 10. No Curtailment of Overtime.

The
Employer shall not, for the purpose of avoiding the payment of overtime,
curtail the scheduled hours of an employee during the remainder of a work week
in which the employee has previously worked hours beyond his/her normal work
day.

ARTICLE
16

LEAVES
OF ABSENCE

Section 1. Eligibility Requirements.

Employees
shall be eligible for leaves of absence after thirty (30) days' service with
the Employer. Such requests are subject
to approval by the Employer.

Section 2. Application for Leave.

a. Any
request for a leave of absence shall be submitted in writing by the employee to
the Maintenance and Transportation Administrator. The request shall state the reason the leave
of absence is being requested and the approximate length of time off the
employee desires.

b. Authorization
granted for a leave of absence shall be furnished to the employee in
writing. In case of emergency, authorization
for leave of absence may be granted orally by the Maintenance and
Transportation Administrator or the Superintendent of Schools. This authorization will be followed up in
writing at a later date. All requests
for leaves of absence shall be answered promptly, and in all cases, within ten
(10) calendar days following receipt of request.

c. Employees
receiving an approved leave of absence granted under the provisions of this
Agreement shall be returned to the position they held at the time the leave of
absence was requested. Employees on
approved leaves of absence shall be sent notification of all job vacancies
within their job classification or a higher job classification. Employees receiving an approved education
leave, to receive training related to work areas within the bargaining unit,
shall continue to accrue seniority while on such leave.

Section 3.

a. Paid Leaves.

For
death in the immediate family, up to four (4) consecutive working days may be
allowed with no charge to either vacation or sick leave. For serious illness in the immediate family,
no more than seven (7) days may be allowed in any one calendar year; such time
will be charged to sick leave. Additional
days may be granted by the Superintendent chargeable to the employee's vacation
or sick leave. Immediate family shall include husband, wife, child, parents,
grandparents, foster parents, grandchildren, brothers, sisters, mother-in-law,
father-in-law, or members of the immediate household of an eligible employee.

b. Jury Duty.

Employees
shall be granted a leave any time they are required to report for jury duty or
jury service. Employees shall be paid
the difference between any jury duty compensation they receive and their
regular wages for each day of jury service.

c. Civic Duty.

Employees
required to appear before a court or other public body on any matter not
related to their work in which they are not personally involved (as a plaintiff
or defendant) shall be granted a leave of absence with pay for the period
necessary to fulfill their civic responsibilities. Employees shall be paid the difference, if
any, between the compensation they received from the court or other public body
and their wages for each day of service.

d. Military Service.

Any
employee who is a member of a reserve force of the United States or of this
State and who is ordered by the appropriate authorities to attend a training
period or perform other duties under the supervision of the United States or
this State shall be granted a leave of absence during the period of such
activity. Employees shall be paid the
difference between any military service compensation they receive and their
regular wages for each day of military service.

Section 4. Unpaid Leaves.

a. Reasonable Purpose.

Leaves
of absence for a limited period -- not to exceed six (6) months -- may be
granted for any reasonable purpose, and such leaves may be extended or renewed
for any reasonable period. Such leaves
shall be subject to approval by the Superintendent or his designee.

b. Union Business.

At the
written request of the Union, employees elected to any Union office, or
selected by the Union, to do work which takes them from their employment with
the Employer may request a leave of absence.
The leave of absence shall not exceed one (1) year, may be renewed or
extended for a similar period, and shall be subject to approval by the
Superintendent or his designee.

c. Education Leave.

After
completing one (1) year of service, any employee upon request, may be granted a
leave of absence for educational purposes.
The period of the leave of absence shall not exceed one (1) year, but
may be extended or renewed at the request of the employee, and shall be subject
to approval by the Superintendent or his designee.

d. Union Convention Leave.

Members
of the Union who may be elected or designated as delegates to represent the
Union shall be granted unpaid leave from their work. It is understood and agreed that although
they may be released for Union Convention Leave, they are not to be considered
as being within the scope of their employment while traveling to, attending, or
returning from a convention.

e. Military Leave.

Any
employee who enters "involuntarily" into active service in the armed
forces of the United States while in the service of the Employer shall be
granted an unpaid leave of absence for the period of military service.

F. Family Medical Leave Act.

1. Parental Leave of Absence

A. An
unpaid parental leave of absence shall be granted upon request to any qualifying
employee for the purpose of giving birth to and/or rearing a newly born
infant. Further, a parental leave of
absence shall be granted upon request to any qualifying employee for the
purpose of adopting and/or rearing a newly adopted child seven (7) years or
younger, or in the case of a child who is physically or mentally handicapped,
twenty-two (22) years or younger and for the purpose of foster placement. In order to qualify for the parental leave of
absence:

1. The
employee must have completed a full year of continuous service with over 1,250
hours of work as a unit employee.

2. As
soon as practicable after the female employee determines that she is pregnant,
she shall inform the building principal and the Transportation and Maintenance
Administrator.

3. The
employee intends to return to work at the conclusion of the leave, and so
informs the building principal and the Transportation and Maintenance
Administrator.

4. The
employee shall notify the building principal and the Transportation and Maintenance
Administrator in writing at lease 30 school days prior to the probable date
that said leave or disability is to commence or as soon as is practicable. At the time of the notification, the employee
shall select, in writing, one of the following options, if applicable:

a. Extended
leave without pay of up to one (1) year, and as to female employees, either
entitlement to sick leave benefits for certified disability resulting from
childbirth and recovery therefrom during the period of this leave.

b. Leave
of twelve (12) weeks duration pursuant to the Family Medical Leave Act of 1993,
and as to female employees, with entitlement to sick leave benefits for
certified disability resulting from childbirth and recovery therefrom during
the period of leave.

B. An
employee on leave shall retain all rights held prior to such leave.

C. While
an employee is on the FMLA leave, the Employer shall continue its contribution
toward the employee's health insurance premium, provided that the employee
makes timely payment of his/her contribution toward the health insurance
premium. An employee on an unpaid,
non-FMLA leave of absence may continue his/her insurance coverage during the
leave of absence provided that he/she pays 100% of the monthly premium.

D. For
those employees who have not completed one full year of service, but who have
completed more than three (3) months of service, he/she may be granted an eight
(8) week leave of absence pursuant to G.L. c. 149, '105D,
with entitlement to sue sick leave during the certified period of disability
due to childbirth and recovery therefrom.

2. FMLA
Leave for Serious Health Condition of Employee or Member of His/Her Immediate
Family.

A. To
be eligible for such leave, the employee must have completed a full year of
continuous service with 1,250 or more hours of work as a unit employee.

B. An
employee who has a serious health condition, or who has a member of his/her
immediate family with a serious health condition, as defined by the FMLA and
the regulations issued thereunder, will be granted a FMLA leave of up to twelve (12) weeks.

C. The
employee shall utilize all sick leave and vacation concurrently with said FMLA
leave.

D. While
an employee is on the FMLA leave, the Employer shall continue its contribution
toward the employee's health insurance premium, provided that the employee
makes timely payment of his/her contribution toward the health insurance
premium.

ARTICLE
17

SICK
LEAVE

Section 1. Allowance.

Any
employee contracting or incurring any non-service connected sickness or
disability, which renders such employee unable to perform the duties of his/her
employment, shall receive sick leave with pay.
Sick leave days are a form of insurance protection for the employees, and
are a potential right to compensation that does not vest in an employee until
the employee has a bona fide sickness, preventing the employee from reporting
for and performing his/her duties. Abuse
of sick leave will subject the employee to disciplinary action including
discharge. Employees shall be eligible
for sick leave after thirty (30) days' service with the Employer. Employees shall be allowed one and one-fourth
(1-1/4) days of sick leave for each month of service.

Section 2. Accumulation.

Employees shall
start to earn sick leave from their date of hire, and they shall accumulate sick
leave as long as they are employed by the school department, to a maximum of
two hundred forty five (245) days.

Section 3. Sick Leave During
Vacation.

If an
employee becomes sick or disabled during a scheduled vacation, sick leave may
be used to cover the sickness or disability, providing any sickness or
disability of more than three (3) days is verified by a physician, and the
vacation may be rescheduled.

ARTICLE
18

PERSONAL
LEAVE

Three
(3) days paid personal leave, for justifiable reasons, may be granted each
employee within any contract year, providing such reasons are furnished to the
Maintenance and Transportation Administrator and the principal (if a custodian
or matron) at least twenty-four (24) hours in advance of the requested leave,
except in cases of emergency. Personal
leave days for regular part-time employees will be granted on a prorated
basis. Personal leave may be available
in units of half-days or whole days.
Such leave will not be charged to sick leave.

ARTICLE
19

VACATION

Section 1. Eligibility and
Allowances.

Every
contracted employee on the active payroll shall be eligible to earn paid
vacation time following completion of their probationary period. Upon successful completion of the
probationary period, employees' vacation allowance shall be credited as of
their date of hire. Vacation allowances
shall be earned and credited on June 30 of each year according to the following
schedule:

a. employees
working less Up
to 10 working days

than
12 months (pro-rated
to the nearest

full
day).

b. employees completing 1-3 10 working days
annually

full
years of service on

June
30

c. employees completing 4-7 15 working days
annually

full
years of service on

June
30

d. employees completing 8-19 20 working days
annually

full
years of service on

June
30

e. employees completing 20 or 25 working days
annually

more
full years of service on

June
30

For purposes of
determining vacation leave allowances, years of service must be continuous
except when an employee is on an approved leave. An employee may carry forward into the next
year only the number of vacation days equal to his current year=s annual
allotment.

Section 2. Vacation Pay.

The
rate of vacation pay shall be the employee's regular straight time rate of pay
in effect for the employee's regular job.

Section 3. Choice of Vacation
Period.

Vacations
shall be granted, if possible, at the time requested by the employee subject to
the approval of the Maintenance and Transportation Administrator and the
principal (if a custodian/matron). If it
should be necessary for the Maintenance and Transportation Administrator to
limit the number of employees on vacation at the same time, the employee with
the greatest seniority shall receive preference for the choice of vacation
period. Seniority may not be invoked
once the annual vacation request deadline has been reached and the vacation
schedule has been set.

Section 4. Holiday During Vacation
Period.

If a
holiday occurs during the calendar week in which a vacation is taken by an
employee, it shall not be counted as vacation time.

Section 5. Work During Vacation
Period.

Any
employee who is requested to and does work during his approved vacation period
shall be paid for regular hours at the rate of time and one-half (1-1/2) of his
regular rate and for overtime hours at a rate of two (2) times his regular rate
of pay. In addition, the employee's
vacation (with pay) shall be rescheduled to any future period the employee may
request.

Section 6. Vacation Rights in Case
of Layoff or Separation.

Any
employee who resigns, retires or is laid off will be allowed to utilize earned
vacation time, prior to his/her last day of employment. Employees whose services are terminated by
dismissal, shall receive unused earned vacation time payment for such
time. In the event of an employee=s death, payment will be made to the
estate or heirs of the deceased for unused vacation time and vacation leave
earned during the vacation year in which death occurred.

Section 7. Vacation Use for
Personal Use.

Vacation
time may be used for personal reasons in one-half (1/2) day amounts, subject to
the provisions of Section 3.

ARTICLE
20

WAGES

Section 1. Wage Schedule.

Employees
shall move from the minimum step in the pay schedule to the maximum step in
annual increments, contingent upon satisfactory work performance. An employee must have worked at lease six (6)
months within a grade and step to be eligible for the next step increment. The initial placement of an employee on the
salary schedule will be determined by the Employer, but shall not exceed Step
4.

Section 2. Pay
Period.

The
salaries and wages of employees shall be paid every two (2) weeks. In the event the regular pay day is a
holiday, the preceding day shall be the pay day.

Section 3. Shift Differentials.

In
addition to the established wage rates, the Employer shall pay an hourly
premium of forty cents ($0.40) to employees for all hours worked on shifts
beginning between 3:00 P.M. to 11:00 P.M. effective July 1, 2001.

Section 4. Van Drivers.

Van
Drivers who possess their C.D.L. will be paid at Grade C but for the purpose of
contract administration and interpretation will be considered at Grade B.

Section 5. Commercial Driver's
License (CDL).

The
School Committee shall reimburse employees hired prior to November 1, 1991 for
100% of the costs of state testing and state fees incurred in procuring a
Commercial Driver's License (CDL).
Employees hired after November 1, 1991 shall be reimbursed for 50% of
renewal costs only.

Employees
hired prior to November 1, 1991 who fail the tests for the Commercial Driver's
License and endorsement(s) shall hold their existing job classification for a
maximum of thirty (30) days from the date of the failed test, during which time
the employee must take a second test.

If the
employee is unable to take a second test within this thirty (30) day period, a
reasonable extension shall be granted by the School Committee in order to take
the second test. The length of the
extension will be determined solely by the School Committee and be subject to
the employee performing any and all work assigned at a time and shift
determined by the Director.

If the
employee does not take or fails to pass the second test, the employee may be
terminated from employment, unless the employee accepts a demotion to a lower
pay classification which does not require possession of a CDL. The option to offer a demotion, in lieu of
termination, rests solely at the discretion of the School Committee.

As of
April 1, 1992, it shall be a condition of employment to possess and maintain a
CDL with appropriate endorsements for all job classifications which as of July
1, 1991 requires a Class I or Class II license.

Employees
who are terminated or demoted solely for failure to possess a CDL and
endorsements, shall for a two-year period be given consideration for vacancies
that develop, provided the employee is qualified and the School Committee
decided to fill such vacancy.

An
employee who takes the required course for his/her school bus license during
non-work time shall be paid the equivalent of four (4) hours work at his/her
regular hourly rate during the 2000-2001 contract year, and shall be paid the
equivalent of eight (8) hours of work at his/her regular hourly rate in each contract
year thereafter. Such payments will be
made upon presentation of documentation acceptable to the Employer that the
employee has renewed his/her school bus license.

ARTICLE
21

WAGE
RATES

Section 1. 2004-2005

Effective July 1,
2004, employees will receive a 1.5 % wage increase.

Effective July 1,
2004, there will be two salary step schedules.
The first

(Schedule A) will
be the same eight step schedule that has been in effect for years with the
above-referred wage increase being made thereto. This schedule will apply to all persons
employed by the District as of June 30, 2004.
The second, new salary schedule, (Schedule B) will apply to all persons
hired or rehired after July 1, 2004. It
will consist of eleven steps, with the eleventh step being equal to the
above-referred eighth step that is applicable to persons hired on or before
June 30, 2004. Both the A and B step
schedules are attached hereto as Appendix A.

Effective
July 1, 2004, the position of “Bus Driver/Maintenance” will be upgraded from
Grade C to Grade D.

Section 2. 2005-2006

Effective July 1, 2005, the
salary schedules will be changed to reflect a 2.5% increase. The salary schedules for this period is
attached hereto as Appendix B.

Section
3. 2006-2007

Effective July 1,
2006, the salary schedules will be changed to reflect a 3.5% increase. The salary schedules for this period is
attached hereto as Appendix C.

Effective
July 1, 2006, the position of “Bus Driver/Maintenance” will be upgraded from
Grade D to Grade E.

ARTICLE
22

HOLIDAYS

Section 1. Holidays Recognized and
Observed.

The
following days shall be recognized and observed as paid holidays:

New
Year's Day Columbus
Day

Martin
Luther King's Birthday Patriot's
Day

Washington's
Birthday Veteran's
Day

Memorial
Day Thanksgiving Day

Independence Day Christmas
Day

Labor
Day

Eligible
employees shall receive one (1) day's pay for each of the holidays listed above
on which they perform no work.

Whenever
any of the holidays listed above shall fall on Saturday, the preceding Friday
shall be observed as the holiday, provided school is not in session. Whenever any of the holidays listed above
shall fall on Sunday, the succeeding Monday shall be observed as the holiday,
provided school is not in session.
Whenever the observance of a holiday is scheduled on a day when school
is in session, a compensatory day off will be granted to be taken within that
contract year.

Section 2. Eligibility Requirements.

Employees
shall be eligible for holiday pay under the following conditions:

a. The
employee would have been scheduled to work on such day if it had not been
observed as a holiday.

b. The
employee is on a day off, vacation, or sick leave, on a day that is observed as
a holiday.

c. Employees
who have established seniority, but are on inactive status due to layoff that
commenced thirty (30) work days prior to the week in which the holiday occurs,
shall receive pay for such holiday.

d. The
employee is on the active payroll.

Section 3. Holiday Pay.

Eligible
employees who perform no work on a holiday shall be paid at their current rate
of pay.

Section 4. Holiday Work.

If an
employee works for the School Committee on any of the holidays listed above, he
shall be paid at the rate of time and a half (1-1/2).

Section 5. Holiday Hours for
Overtime.

For the
purpose of calculating overtime compensation, all holiday hours shall be
included.

Section 6. Days Off With Pay.

The
Friday after Thanksgiving, either the day before or after Christmas and either
the day before or after New Year's Day shall be considered
"Special." All employees
covered by this Agreement may select any two (2) "Special days as days off
with pay. Whenever the Christmas and New
Year's holidays fall on a weekend, the "Special" days shall be taken
during the week between the holidays. If
disagreement on the selection of these days occurs, seniority shall take
precedent. All requests for these
special days shall be subject to the approval of the Maintenance and
Transportation Administrator.

ARTICLE
23

LONGEVITY
PLAN

Employees shall be
entitled to an annual Longevity Plan payment in additions to their base salary
in the next contract year according to the following schedule:

a. Employees completing ten (10) full
years

of satisfactory service on June 30. $500.00

b. Employees completing fifteen (15)
full years

of satisfactory service on June 30. $1000.00

c. Employees
completing twenty
(20) full

years of satisfactory service on June 30. $1400.00

d. Employees completing twenty-five (25) full
years of

satisfactory service on June 30. $1800.00

e. Employees completing thirty (30) full

years of satisfactory service on June 30. $2000.00

While not on the above referred schedule,
effective for the first year of the contract only (July 1, 2004-June 30, 2005),
the former fifth (5) year longevity stipend of $250 will be paid. Following the conclusion of the first year of
the contract, there will no longer be a fifth year longevity stipend paid to
anybody.

Effective in the second year of the contract,
July 1, 2005-June 30, 2006, the following amounts will replace the figures in
the appropriate portions of the above referred table:

10
years.....................$ 545

15
years...................$1090

20
years...................$1635

25
years...................$2180

Effective in the third year of the contract,
July 1, 2006-June 30, 2007, the following amounts will replace the figures in
the appropriate portions of the above referred table:

30
years...................$2725

ARTICLE
24

RETIREMENT
BENEFIT

Section 1. Conditions of Benefit.

One (1)
year prior to retirement of an employee covered by this Agreement, the Employer
shall provide a $750. retirement benefit providing:

a. the
employee has served at least fifteen (15) years

b. the
employee has provided one (1) year's prior notice of his/her intent to retire

c. the employee works his/her last full
year.

Section 2. Payment of Benefit.

An
employee may defer the benefit to the next tax year.

An
employee who cannot provide a full year=s
notice shall still be eligible for the benefit but might receive it in the next
fiscal year. An employee who dies prior
to retirement shall have the benefit assigned to his her estate.

ARTICLE
25

SUPPLEMENTAL
BENEFITS

Section 1. Health and Life
Insurance.

The
Employer shall assume responsibility for payment of the percent of a group
insurance contract as determined for the total group to which employees belong,
or a like dollar amount to a contract with an approved health maintenance
organization, and payment of the same percent of a group insurance contract in
accordance with the provisions of Chapter 32B of the Commonwealth Laws. Such percentages shall not be less than
seventy-five percent (75%).

Section 2. Part-time Employees

All
regular part-time employees eligible, under State law, to receive health and
life insurance coverage shall receive coverage if they so desire.

Section 3. Workmen's Compensation.

a. The
members of the bargaining unit shall be covered by the provisions of Chapter
152 of the General Laws to the extent that the Commonwealth has acted pursuant
to Section 69 thereof to include them within the coverage of said Chapter 152.

b. The
Employer shall pay the difference between Workmen's Compensation payments and
full pay, provided the employee has accumulated sick leave which may be debited
on a pro-rata basis. The Employer shall
also pay compensation during the waiting period.

Section 4. Tax Deferred Annuities.

The
School Committee shall permit the purchase of annuities by employees pursuant
to the provisions of Chapter 15, Section 18A of the General Laws.

Section 5. Retirement Plan.

The
Employer agrees to continue membership in the Country Retirement Plan.

ARTICLE
26

PART-TIME
EMPLOYEES

All
articles of this Agreement apply proportionally to permanent part-time
employees covered under the Certification Petition MCR 2700, excepting for
provisions of State Law.

ARTICLE
27

SENIORITY

Section 1. Definition.

Seniority
means an employee's length of continuous service with the Employer since
his/her date of hire. Permanent
part-time employees who were subsequently hired as full-time employees, with no
break in service as defined below, shall accrue seniority proportionally to
their amount of hours worked as part-time employees.

Section 2. Probation Period.

New
employees shall be added to the seniority list ninety (90) days after their
date of hire. Probationary employees may
be terminated without recourse to grievance or arbitration.

Section 3. Seniority Lists.

Every
six (6) months the Employer shall post on all bulletin boards a seniority list
showing the continuous service of each employee. A copy of the seniority list shall be furnished
to the local Union when it is posted. An
up-to-date seniority list will be on file and available for inspection in the
Central Office.

Section 4. Breaks in Continuous
Service.

An
employee's continuous service record shall be broken by voluntary resignation,
discharge for just cause, and retirement.
However, if an employee returns to work in any capacity within one (1)
year, the break in continuous service shall be removed from his record, but he
shall receive no credit for time not worked.
There shall be no deduction from continuous service for any time lost
which does not constitute a break in continuous service.

Section 5. Promotions.

The
term promotion, as used in this provision, means the advancement of an employee
to a higher paying position.

Whenever
a job opening occurs -- other than a temporary opening as defined below -- in
any existing job classification or as the result of the development or
establishment of a new job classification, a notice of such opening shall be
posted on all bulletin boards for seven (7) working days.

Section 6. New or Vacant Positions.

A
vacancy is an opening caused by promotion, demotion, retirement, resignation,
transfer or re-assignment, termination, death or the availability of new
positions.

When a
position covered by this Agreement becomes vacant, such vacancy shall be posted
on bulletin boards so designated in the School Department listing the
following:

1. Date of posting 6. Example
of duties

2. Job Title 7. Qualifications

3. Shift 8. Closing of date for

4. Salary application

5. Location 9. Person
to whom application

should
be made

Any
notice of vacancy shall remain posted internally for a period of not less than
seven (7) calendar days. Employees in
the bargaining unit who are interested shall apply in writing within the
posting period.

The
Superintendent, or his designee, will select the applicant determined to be the
best applicant for the job in terms of ability and qualifications, such as
education, training, experience, job performance, attendance, conduct,
seniority. If the Superintendent, or his
designee, determines applicants are comparable in terms of ability and
qualifications, then a unit employee who is comparably qualified shall receive
preference in hiring; and, if more than one unit employee is so comparable, the
unit employee with the greatest seniority shall receive preference in hiring.

In
filling subsequent vacancies created by filling the initial vacancy, the
posting period shall be three (3) working days if the subsequent vacancy(s) is
in the same job series as the initial vacancy (Example: Custodial/head
custodian vacancy filled by a custodian, opening the latter position). However, if the subsequent vacancy is in a
different job series than the initial vacancy, the regular posting
procedure/time period will be followed.

Section 7. Consolidation or
Elimination of Jobs.

Employees
displaced by the elimination of regular job positions through job consolidation
(combining the duties of two or more jobs), the installation of new equipment
or machinery, the curtailment or replacement of existing facilities, the
development of new facilities, or for any other reason, shall be permitted to
exercise their seniority rights as set forth in the Section on Bumping.

Section 8. Transfers.

Employees
desiring to transfer to other jobs shall submit an application in writing to a
Maintenance and Transportation Administrator.
The application shall state the reason for the requested transfer. Except for transfer requests resulting from
the elimination of an employee's job, transfer requests will be subject to the
approval of the Maintenance and Transportation Administrator.

Section 9. Temporary Job Openings.

Temporary
job openings are defined as job vacancies that may periodically develop in any
classification as a result of illness, family emergencies, approved leaves of
absence or special project funds.
Temporary job openings of less than four months' duration may be filled
by mutually agreeable employee assignment or re-assignment and shall not
require posting. Temporary job openings
of more than four months will be posted.
No employee shall be assigned to a temporary job opening more than twice
in any calendar year, unless the employee specifically agrees to the assignment. It is the intent of this provision to prevent
the repeated assignment of employees to job vacancies designated as temporary
job openings that could be filled in another manner. Employees assigned to temporary job openings
shall be paid the wage rate established for the job or their own wage rate
whichever is higher.

Section 10. Bumping.

When an
employee is laid-off due to a reduction in the work-force, he/she may first be
transferred to another vacancy within the same job classification and on the
same shift. If there is no such vacancy,
he/she may be permitted to exercise seniority rights to "bump" -
replace an employee with less seniority.
Such an employee may bump the employee with the least seniority
in the same job classification or, if none, in successively lower
classification, with the following stipulations:

1. The
bumping employee must have greater seniority than the employee being bumped.

2. The
bumping employee shall first bump an employee with the least seniority on the
same work shift; if none, then an employee with the least seniority on another
work shift.

3. The
bumping employee must be qualified to perform the duties of the new position
into which he/she is bumping.

4. Only a female employee may bump a
matron.

The sequence for bumping
down through job classification shall be as follows:

1. Maintenance specialists (inc.
carpenter)

2. Maintenance Mechanic

3. Bus driver/Maintenance

4. Van driver/laborer with CDL

5. Head Custodian

6. Night Shift Supervisor

7. Custodian/Matron

8. Van driver/no CDL

Section 11. Layoff.

In the
event it becomes necessary to layoff, employees shall be laid-off in the
inverse order of their seniority within their job classification.

Section 12. Recall.

Employees
shall be eligible for recall from layoff, according to their seniority within
their particular job classifications, for a period of two (2) years from their
date of layoff. No new employees for a
particular job classification shall be hired until all employees on layoff
status eligible to return to work have received a recall notice. Should a recalled employee decline a recall
notice, he or she will no longer be eligible for recall. The Employer shall notify the employee by
certified mail at his last known address of the recall.

ARTICLE
28

CLASSIFICATION
AND RE-CLASSIFICATION

Section 1. Class Specifications.

The
Employer shall provide the Union with a copy of the class specification of each
classification title covered by this Agreement for which such a specification
exists. Each employee in the bargaining
unit shall be permitted by the Employer to have access to examine his/her class
specification.

Section 2. Re-Classification.

Should
the Employer wish to re-classify the duties and the salary of any position,
such action will be taken only under any of the following circumstances:

a. as
part of negotiation procedures,

b. following
consultation with the approval of the Union, or

c. should
the position be vacated.

Section 3 Working
Out of Classification

No employee shall
be required to work out of his/her classification in excess of ninety days
without a review by the parties.

ARTICLE
29

GENERAL
PROVISIONS

Section 1. Pledge Against Discrimination and Coercion.

The
Employer and Union agree to by abide by all Federal and State laws regarding
equal employment opportunity without discrimination, and the provisions of
Massachusetts General Laws Chapter 150E regarding discrimination and coercion.

Section 2. Union Bulletin Boards.

The
Employer agrees to furnish and maintain suitable bulletin boards in convenient
places in each work area to be used by the Union. The Union shall limit its posting of notices
and bulletins to such bulletin boards.

Section 3. Union Activities on
Employer's Time and Premises.

The
Employer agrees that during working hours, on the Employer's premises, and
without loss of pay, Union representatives and members shall be allowed, with
the approval of the Maintenance and Transportation Administrator, to:

post
Union notices;

distribute
Union literature;

provide
an initial orientation to the Union for new employees by a Steward or Union
Officer;

attend
negotiating meetings;

transmit
communications, authorized by the Local Union or its officers, to the Employer
or its representative;

consult
with the Employer, its representative, local Union officers, or other Union
representatives concerning the enforcement of any provisions of this Agreement.

Section 4. Visits by Union
Representatives.

The
Employer agrees that accredited representatives of the American Federation of
State, County and Municipal Employees whether local Union representatives,
district council representatives, or international representatives, shall have
access to the premises of the Employer at any time during working hours with the
approval of the Maintenance and Transportation Administrator, provided such
access does not interfere or interrupt the work of the employees.

Section 5. Work Rules.

All
existing and future work rules shall be subject to consultation with the Union
before becoming effective.

a. Establishing.

The
Employer agrees to consult with the Union on changes in existing work rules or
the establishment of new work rules.

b. Revising.

Changes
in existing work rules shall not become effective until consultation with the
Union has occurred. In addition, when
existing rules are changed or new rules are established, they shall be posted
prominently on all departmental bulletin boards for a period of ten (10)
consecutive work days before becoming effective, excepting in matters affecting
health and safety which will become effective immediately.

c. Informing
Employees.

The
Employer further agrees to furnish each employee in the bargaining unit with a
copy of all existing written work rules thirty (30) days after they become
effective. New employees shall be
provided with a copy of the rules at the time of hire.

Any
unresolved complaint as to the reasonableness of any new or existing rule, or
any complaint involving discrimination in the application of new or existing
rules shall be resolved through the grievance procedure.

Section 6. Uniforms and Protective Clothing.

If any
employee is required to wear a uniform, protective clothing or any type of
protective device as a condition of employment, such uniforms, protective
clothing or protective device shall be furnished to the Employee by the
Employer; the cost of maintaining the uniform or protective clothing in proper
working condition (including dry cleaning or laundering) shall be paid by the
Employer.

Section 7. Employer Provisions of
Information.

a. Within
thirty (30) days after final approval of this Agreement and semi-annually
hereafter during the term of the Agreement, the Employer shall give to the
Union a list of all employees covered by this Agreement, their addresses, and
telephone numbers. An up-to-date
employee list will be on file and available for inspection in the Central
Office.

b. A
list of all employees who withdraw check-off authorizations shall be provided
monthly.

c. The
Employer will provide each member of the bargaining unit with a copy of the
Collective Bargaining Agreement.

Section 8. Bad Weather Days.

In the
event that school is closed because of bad weather conditions, employees shall
report to work. However, if an employee
is unable to get to work by 10:00 a.m., the Maintenance and Transportation
Administrator must be notified. If an
employee does not report to work, the employee shall use a personal day,
vacation day, or take the day without pay.
Employees who are able to report to work shall be given compensatory
time without loss of pay equivalent to time and one-half the number of hours
worked. Such compensatory time must be
used by the next September 1 but may not be used in conjunction with vacation
time without the approval of the Maintenance and Transportation Administrator.

Section 9. Staffing Required for
Outside Functions.

When
groups outside the school department utilize school facilities beyond normal
work hours, adequate custodial staff will normally be required to be on
duty. Exceptions may be granted by the
Superintendent or his designee. The
Employer agrees to provide a weekend custodian for the Junior High gym/pool
area and the High School for up to three (3) hours of cleaning when the
Superintendent or his designee deems necessary.

Section 10. Union Use of Employer
Premises, Equipment and Office Space.

The
Union will be allowed the use of Employer's premises and equipment, as
available, for local meetings and educational sessions. The Employer will also provide space for
Union records.

Section 11

Employees who make
requests to take off accrued leave in writing will be notified, whenever
possible, within 72 hours following the decision maker=s receipt of said
request.

ARTICLE
30

UNION
REPRESENTATIVES

A
written list of Union stewards and other representatives shall be furnished to
the Employer immediately after their designation and the Union shall notify the
Employer of any changes.

The
above shall be granted reasonable time off during working hours to investigate
and settle grievances. Requests for time
off shall be made to the Maintenance and Transportation Administrator or, in
his absence, his immediate supervisor, and a log kept by the Employer of time spent
on such investigations.

ARTICLE
31

UNION
DUES

Employees
shall tender monthly membership dues by signing the Authorization of Dues
Form. During the life of this Agreement
and in accordance with the terms of the form of Authorization of Check-off for
Dues hereinafter set forth, the Employer agrees to deduct Union Membership dues
levied in accordance with the Constitution of the Union from the pay of each
employee who executes or has such form and remit the aggregate amount to the
Treasurer of the Union along with a list of employees who have said dues
deducted. Such remittance shall be made
the second week of each month. The
following form shall be the proper form authorizing the deduction of dues:

AUTHORIZATION
FOR PAYROLL DEDUCTIONS

BY: (name of employee)

TO: (name of Employer)

Effective
                 , I hereby request and authorize you to
deduct from my earnings each                              , the amount
of $                     per
(payroll period)

This amount shall be
paid to the Treasurer of Local Union No. 1725 and represents payment of my
Union dues.

These
deductions may be terminated by me during the sixty (60) day period prior to
the termination of this Agreement by my giving written notice in advance or
upon termination of my employment.

Employee's
Signature

Employee’s
Address

ARTICLE
32

LABOR-MANAGEMENT
COMMITTEE

The
Union shall designate a standing committee of three (3) employees whose rates
and conditions of employment are covered by the Agreement, which committee
shall meet with the School Committee or its designated representative, from
time to time at the request of either party.
Such meetings shall be held at the convenience of both parties, if
possible within ten (10) days from the date upon which such request is
received. This clause is not to be
considered part of the grievance procedure hereinbefore described. This committee shall be responsible for
concerning itself with all matters under the following categories: training and
career ladders, classification and re-classification, health and safety, and
any other matter concerning working conditions.

ARTICLE
33

HEALTH
AND SAFETY

Section 1.

a. The Employer
agrees to provide employment and a place of employment which shall be
reasonably safe and healthful for the employees herein and shall furnish and
use safety devices and safeguards and shall adopt and use methods and
provisions adequate to render such places of employment safe and
healthful. Any unresolved concerns in
this area shall initially be referred to the Labor-Management Committee for
review and recommendations.

b. Under no
circumstances will an employee be required or assigned to engage in any
activity involving dangerous conditions of work or danger to person or
property, except if the immediate safety of school children or staff may be
threatened.

c. The Employer
shall notify all workers exposed to previously unknown or undetected toxic
substances which may be a health hazard to employees and Employer plans to
eliminate or minimize these hazards.

d. No employee
shall be required to work on any job with which he is unfamiliar until he shall
have received adequate safety training in the performance of the operation.

e. The
District agrees to buy and install one suspension-style bus seat

in each of the following years: FY >05, FY >06, FY >07 if the Union

so
requests in each of those years. It is
expressly understood that

all
drivers, regardless of whether their regular bus contains such a

suspension
seat, will also be required drive District vehicles

without
such seats. Moreover, the District
reserves the right to

determine
who will drive the vehicles with suspension seats and

to
alternate who drives those vehicles.

Section 2.

a. Union
representatives on the Labor-Management Committee shall be permitted a
reasonable opportunity to visit work locations throughout the Employer's
facilities where employees who are covered by this Agreement perform their
duties, for the purpose of investigating unresolved safety and health
conditions, during working hours, with no loss of pay.

b. The Employer
shall comply with all Federal, State and local health and safety laws and shall
provide for first-aid training on an annual basis.

Section 3.

a. The parties
agree that, during the term of this Agreement, they will implement the
requirements of the Department of Transportation on Drug and Alcohol Testing
for CDL's as outlined in the parties' side letter agreement on such testing.

ARTICLE
34

CONTRACTING AND
SUBCONTRACTING OF PUBLIC WORK

For the
term of this contract, the Employer will not contract out school department
work which replaces individuals or groups presently employed in the bargaining
unit. This provision does not apply to
temporary employees, vacated positions, or CETA employees.

ARTICLE
35

MANAGERIAL
EMPLOYEES

Section 1.

No
managerial employee, as defined by the Massachusetts Public Employee Collective
Bargaining Law (Chapter 150E), or any other employee outside the bargaining
unit who is excluded from the terms of this Agreement, shall regularly perform
the work of any employee covered by this Agreement except in the case of
extreme emergency, excessive absence of employees from work, or for the purpose
of providing instruction or training of employees, except as heretofore has
been the custom.

Section 2.

The
parties agree that managerial employees and others outside the bargaining unit
will not have their duties enlarged to take work away from bargaining unit
members.

Section 3.

No
bargaining unit employee shall be required to do the work of any managerial
employee, as defined by the Massachusetts Public Employee Collective Bargaining
Law (Chapter 150E) or any other employee outside the bargaining unit who is
excluded from the terms of this Agreement.

ARTICLE
36

SICK
LEAVE BUY BACK

A
bargaining unit member who has completed twenty (20) or more years of service
with the Committees will, upon a voluntary termination of employment and if
their accumulation of sick leave is at least 140 days, be compensated for their
unused accumulated sick leave at the rate of ~~$10~~ $15 per
day. A voluntary termination will be
limited to retirement and/or a normal resignation resulting from another
employment opportunity.

ARTICLE
37

EMPLOYEE
EVALUATION

Section 1.

Performance
evaluations are designed to serve the needs of both the employee and
employer. An organized program for
employee performance evaluation will:

a. Improve
employee satisfaction and potentially reduce employee absenteeism, turnover,
and grievance. Management
reserves the right to convene a committee consisting of management and union
members to revise the evaluation system.
The revised evaluation mechanism will be used to evaluate employee
performance during FY >06 (July 1, 2005-June 30, 2006). Thereafter, the revised evaluation system
will be utilized each year thereafter unless and until management and the union
convene a subsequent committee to further revise the evaluation system.

b. Serve as an
important motivation tool and improve the qualify of job performance;

c. Enhance the
ability to achieve Affirmative Action goals through supervisor-employee
communication;

d. Base
personnel actions on objective, accurate and fair performance appraisals;

e. Monitor the
performance of probationary employees on a timely basis; and

f. Serve as
evidence for any employment decisions.
Performance evaluation is the review and rating of all factors relevant
to an employee's effectiveness on the job.
It involves observation, guidance, training and open communication
between the employee and supervisor. For
it to be of significant benefit to both the individual employee and the
employer, it should be continuous process.
Performance evaluation should be seen primarily as a developmental tool. Its purpose is to assess an employee's
job-related strengths and weaknesses and develop his/her competence to the
fullest. In a correctly executed
evaluation, the supervisor and the employee work together to find the means by
which the employee's ability can be strengthened and directed.

Section 2.

a. Performance
evaluation of an employee shall be made annually by the supervisor prior to May
30 of each year with the exception of a probationary employee who shall be
evaluated a the completion of the first three (3) months of service. Such evaluation will be recorded in writing
on the form agreed to by the parties and shall be made on the basis of the
following criteria:

A. Quality and
quantity of work;

B. Work habits;

C. Work attitudes;

D. Working relations with others;

E. Supervisory ability (if employee
supervises others).

Section 3.

Each
employee shall receive a written copy of his/her evaluation and shall be
entitled to discuss the evaluation with the evaluator and, if requested, with
the supervisor of the next higher level than the evaluator who has been
assigned to review the performance evaluation.
For the purpose of this article, the evaluator will be the principal
with input from the Maintenance and Transportation Administrator for
Custodians/Matrons, and will be the Maintenance and Transportation
Administrator for all system-wide employees.

Section 4.

The
Superintendent's office shall receive all evaluation from the evaluator, shall
retain such evaluations, together with any recommendations made on the basis of
any such evaluation, and any evidence or materials submitted in support of such
evaluation, in the respective personnel file of each employee.

Section 5.

The
employee may review his/her evaluation in the Superintendent office.

ARTICLE
38

PROTECTION

1. The
employer shall indemnify employees in all negligence actions as allowed by G.L.
c.258, the Torts Claims Act.

2. In
the event that a parent/guardian claims that an employee has assaulted his/her
child, the Employer shall promptly investigate the claim. If the Employer determines that the employee
did not assault the child or acted appropriately to protect him/herself or
others from injury, then the Employer shall either indemnify the employee for
any legal fees or costs, or shall provide the employee with counsel in any
subsequent civil or criminal action.

ARTICLE
39

AGENCY
SERVICE FEE

The
School Committee(s) and their Agents, in accordance with the provisions of
M.G.L. Chapter 150E, Section 12, shall require as a condition of employment for
each employee who is not a member of the AFSCME Council 93, Local 1725,
AFL-CIO, the payment of an agency service fee, said payment to be effective on
or after the 30th day following the effective date of this Agreement on or
after the 30th day of initial employment, whichever is later.

The
amount of the service fee shall be equal to the pro rata cost of collective
bargaining and contract administration as certified by the AFSCME Council 93,
Local 1725, AFL-CIO. Employees may have
access to payroll deductions for the purpose of paying the agency service
fee. The AFSCME Council 93, Local 1725,
AFL-CIO shall be responsible for notifying the Business Office of the amount to
be deducted prior to the issuance of the first paycheck.

In the
event that an employee fails or refuses to pay the agency service fee, the
AFSCME Council 93, Local 1725, AFL-CIO shall take appropriate legal action to
collect the fee. Any judgment against
such an employee by a forum of competent jurisdiction as a result of such
action shall include payment of the Union=s
costs and reasonable attorneys=
fees.

The
AFSCME Council 93, Local 1725, AFL-CIO shall indemnify the School Committee(s)
and agents against any and all claims, demands, suits, damages, legal fees, or
any other form of liability that may arise by reason of the School
Committee(s)' compliance with the Agency Service Fee provisions of this
Agreement, upon the following conditions:
(1) the School Committee(s) have complied fully and properly with these
obligations under the Agency Service Fee provisions of this Agreement; (2) the
Union retains the right to select or assign counsel of its choice in defending
the School Committee(s) in such matters provided that such counsel consults
with and/or keeps the Committees' regular counsel informed of litigation
proceedings; (3) the School Committee(s) cooperate with counsel selected or
assigned by the AFSCME Council 93, Local 1725, AFL-CIO; and (4) the AFSCME
Council 93, Local 1725, AFL-CIO retains full control over the conduct of the
case. Failure to meet any of the
foregoing conditions will relieve the AFSCME Council 93, Local 1725, AFL-CIO of
its obligation under this indemnification clause. Any dispute over the Committees' compliance
with these conditions is subject to arbitration under the provisions of Article
5.

ARTICLE
40

DURATION

The
Agreement shall remain in full force and effect from July 1, 2004 to
June 30, 2007. The Parties agree that not later than May 1, 2007, to
enter into negotiations for a successor agreement to be effective on July 1, 2007. The provisions of the Agreement will remain
in full force and effect until such successor agreement is executed.

IN
WITNESS WHEREOF, the Parties hereunto set their hands and seals this day of , 2005.

FOR THE SCHOOL
COMMITTEE FOR
AFSCME, AFL-CIO

________________________________

______ ________________________________

APPENDIX A LAST YEAR OF FORMER CONTRACT JULY 1, 2003 - JUNE 30, 2004

EMPLOYEES HIRED BEFORE JUNE 30, 2004

B	24474	25210	25944	26684	27457	28225	29398	30280
C	25160	25898	26631	27339	28175	28944	30119	31023
D	25839	26574	27336	28110	28879	29454	30830	31755
E	26520	27429	28338	29250	30159	31068	32380	33351
F	27251	28161	29068	29977	30888	31799	33112	34105
J	29407	30456	31502	32554	33606	34653	36102	37185
K	30125	31178	32228	33271	34141	35373	36818	37923

NEW STEP SCHEDULE TO BE IMPLEMENTED FOR EMPLOYEES HIRED ON OR AFTER JULY 1, 2004* (ELEVEN COLUMNS)

B	24241	24786	25344	25914	26497	27093	27702	28325	28962	29614	30280
C	24836	25395	25966	26550	27147	27758	28382	29020	29673	30340	31023
D	25421	25993	26578	27176	27787	28412	29051	29705	30373	31056	31755
E	26698	27299	27913	28541	29183	29840	30511	31197	31899	32617	33351
F	27303	27917	28545	29187	29844	30515	31201	31903	32621	33355	34105
J	29769	30439	31124	31824	32540	33272	34020	34785	35567	36367	37185
K	30360	31043	31741	32455	33185	33932	34695	35475	36273	37089	37923

(*This table was generated by taking the last column of the above eight column salary schedule and working backwards by putting
approximately 2.2% spacing between the eleven columns.)

YEAR 1 CUST/MAINT CONTRACT July 1, 2004 – June 31, 2005
	STEP 1	STEP 2	STEP 3	STEP 4	STEP 5	STEP 6	STEP 7	STEP 8	STEP 9	STEP 10	STEP 11
A	$23,539	$24,068	$24,608	$25,161	$25,726	$26,304	$26,895	$27,499	$28,116	$28,747	$29,392
B	$24,841	$25,375	$25,921	$26,479	$27,049	$27,631	$28,226	$28,833	$29,453	$30,087	$30,734
C	$25,537	$26,077	$26,629	$27,193	$27,769	$28,357	$28,957	$29,570	$30,196	$30,835	$31,488
D	$26,227	$26,773	$27,331	$27,900	$28,481	$29,074	$29,680	$30,298	$30,929	$31,573	$32,231
E	$26,918	$27,542	$28,180	$28,833	$29,501	$30,185	$30,885	$31,601	$32,334	$33,084	$33,851
F	$27,660	$28,288	$28,930	$29,586	$30,257	$30,944	$31,646	$32,364	$33,098	$33,849	$34,617
G	$28,382	$29,013	$29,658	$30,318	$30,992	$31,681	$32,385	$33,105	$33,841	$34,594	$35,363
H	$29,139	$29,783	$30,441	$31,114	$31,802	$32,505	$33,223	$33,957	$34,708	$35,475	$36,259
J	$29,848	$30,557	$31,283	$32,026	$32,786	$33,565	$34,362	$35,178	$36,013	$36,868	$37,743
K	$30,577	$31,289	$32,018	$32,764	$33,527	$34,308	$35,107	$35,924	$36,760	$37,616	$38,492

	Differentials:				LONGEVITY:
	ELEM HD	GRADE D			$250	5YRS
	MS HEAD	GRADE E			$500	10YRS
	SH HEAD	GRADE F			$1,000	15YRS
	NS HEAD	GRADE D			$1,400	20YRS
	TRANS SUPV	GRADE J			$1,800	25YRS
	NS	$.40/HOUR			$2,000	30YRS

HOURLY RATE
	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8	Step 9	Step 10	Step 11
A	$11.32	$11.57	$11.83	$12.10	$12.37	$12.65	$12.93	$13.22	$13.52	$13.82	$14.13
B	$11.94	$12.20	$12.46	$12.73	$13.00	$13.28	$13.57	$13.86	$14.16	$14.46	$14.78
C	$12.28	$12.54	$12.80	$13.07	$13.35	$13.63	$13.92	$14.22	$14.52	$14.82	$15.14
D	$12.61	$12.87	$13.14	$13.41	$13.69	$13.98	$14.27	$14.57	$14.87	$15.18	$15.50
E	$12.94	$13.24	$13.55	$13.86	$14.18	$14.51	$14.85	$15.19	$15.55	$15.91	$16.27
F	$13.30	$13.60	$13.91	$14.22	$14.55	$14.88	$15.21	$15.56	$15.91	$16.27	$16.64
G	$13.65	$13.95	$14.26	$14.58	$14.90	$15.23	$15.57	$15.92	$16.27	$16.63	$17.00
H	$14.01	$14.32	$14.64	$14.96	$15.29	$15.63	$15.97	$16.33	$16.69	$17.06	$17.43
J	$14.35	$14.69	$15.04	$15.40	$15.76	$16.14	$16.52	$16.91	$17.31	$17.73	$18.15
K	$14.70	$15.04	$15.39	$15.75	$16.12	$16.49	$16.88	$17.27	$17.67	$18.08	$18.51

APPENDIX B YEAR 2 JULY 1, 2005 - JUNE 30, 2006
	STEP 1	STEP 2	STEP 3	STEP 4	STEP 5	STEP 6	STEP 7	STEP 8	STEP 9	STEP 10	STEP 11
A	$24,127	$24,670	$25,223	$25,790	$26,369	$26,962	$27,567	$28,186	$28,819	$29,466	$30,127
B	$25,462	$26,009	$26,569	$27,141	$27,725	$28,322	$28,932	$29,554	$30,189	$30,839	$31,502
C	$26,175	$26,729	$27,295	$27,873	$28,463	$29,066	$29,681	$30,309	$30,951	$31,606	$32,275
D	$26,883	$27,442	$28,014	$28,598	$29,193	$29,801	$30,422	$31,055	$31,702	$32,362	$33,037
E	$27,591	$28,231	$28,885	$29,554	$30,239	$30,940	$31,657	$32,391	$33,142	$33,911	$34,697
F	$28,352	$28,995	$29,653	$30,326	$31,013	$31,718	$32,437	$33,173	$33,925	$34,695	$35,482
G	$29,092	$29,738	$30,399	$31,076	$31,767	$32,473	$33,195	$33,933	$34,687	$35,459	$36,247
H	$29,867	$30,528	$31,202	$31,892	$32,597	$33,318	$34,054	$34,806	$35,576	$36,362	$37,165
J	$30,594	$31,321	$32,065	$32,827	$33,606	$34,404	$35,221	$36,057	$36,913	$37,790	$38,687
K	$31,341	$32,071	$32,818	$33,583	$34,365	$35,166	$35,985	$36,822	$37,679	$38,556	$39,454


	Differentials:				LONGEVITY:
	ELEM HD	GRADE D			$545	10YRS
	MS HEAD	GRADE E			$1,090	15YRS
	SH HEAD	GRADE F			$1,635	20YRS
	NS HEAD	GRADE D			$2,180	25YRS
	TRANS SUPV	GRADE J
	NS	$.40/HOUR

HOURLY RATE
	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8	Step 9	Step 10	Step 11
A	$11.60	$11.86	$12.13	$12.40	$12.68	$12.96	$13.25	$13.55	$13.86	$14.17	$14.48
B	$12.24	$12.50	$12.77	$13.05	$13.33	$13.62	$13.91	$14.21	$14.51	$14.83	$15.15
C	$12.58	$12.85	$13.12	$13.40	$13.68	$13.97	$14.27	$14.57	$14.88	$15.20	$15.52
D	$12.92	$13.19	$13.47	$13.75	$14.04	$14.33	$14.63	$14.93	$15.24	$15.56	$15.88
E	$13.26	$13.57	$13.89	$14.21	$14.54	$14.88	$15.22	$15.57	$15.93	$16.30	$16.68
F	$13.63	$13.94	$14.26	$14.58	$14.91	$15.25	$15.59	$15.95	$16.31	$16.68	$17.06
G	$13.99	$14.30	$14.61	$14.94	$15.27	$15.61	$15.96	$16.31	$16.68	$17.05	$17.43
H	$14.36	$14.68	$15.00	$15.33	$15.67	$16.02	$16.37	$16.73	$17.10	$17.48	$17.87
J	$14.71	$15.06	$15.42	$15.78	$16.16	$16.54	$16.93	$17.34	$17.75	$18.17	$18.60
K	$15.07	$15.42	$15.78	$16.15	$16.52	$16.91	$17.30	$17.70	$18.11	$18.54	$18.97

Effective July 1, 2006, the bus driver/maintenance
position shall be reclassified from Grade D to Grade E.

APPENDIX C YEAR 3 JULY 1, 2006 - JUNE 30, 2007
	STEP 1	STEP 2	STEP 3	STEP 4	STEP 5	STEP 6	STEP 7	STEP 8	STEP 9	STEP 10	STEP 11
A	$24,971	$25,533	$26,106	$26,693	$27,292	$27,906	$28,532	$29,173	$29,828	$30,497	$31,181
B	$26,353	$26,919	$27,499	$28,091	$28,695	$29,313	$29,945	$30,588	$31,246	$31,918	$32,605
C	$27,091	$27,665	$28,250	$28,849	$29,459	$30,083	$30,720	$31,370	$32,034	$32,712	$33,405
D	$27,824	$28,402	$28,994	$29,599	$30,215	$30,844	$31,487	$32,142	$32,812	$33,495	$34,193
E	$28,557	$29,219	$29,896	$30,588	$31,297	$32,023	$32,765	$33,525	$34,302	$35,098	$35,911
F	$29,344	$30,010	$30,691	$31,387	$32,098	$32,828	$33,572	$34,334	$35,112	$35,909	$36,724
G	$30,110	$30,779	$31,463	$32,164	$32,879	$33,610	$34,357	$35,121	$35,901	$36,700	$37,516
H	$30,912	$31,596	$32,294	$33,008	$33,738	$34,484	$35,246	$36,024	$36,821	$37,635	$38,466
J	$31,665	$32,417	$33,187	$33,976	$34,782	$35,608	$36,454	$37,319	$38,205	$39,113	$40,041
K	$32,438	$33,193	$33,967	$34,758	$35,568	$36,397	$37,244	$38,111	$38,998	$39,905	$40,835


	Differentials:				LONGEVITY:
	ELEM HD	GRADE D			$545	10YRS
	MS HEAD	GRADE E			$1,090	15YRS
	SH HEAD	GRADE F			$1,635	20YRS
	NS HEAD	GRADE D			$2,180	25YRS
	TRANS SUPV	GRADE J			$2,725	30YRS
	NS	$.40/HOUR

HOURLY RATE
	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8	Step 9	Step 10	Step 11
A	$12.01	$12.28	$12.55	$12.83	$13.12	$13.42	$13.72	$14.03	$14.34	$14.66	$14.99
B	$12.67	$12.94	$13.22	$13.51	$13.80	$14.09	$14.40	$14.71	$15.02	$15.35	$15.68
C	$13.02	$13.30	$13.58	$13.87	$14.16	$14.46	$14.77	$15.08	$15.40	$15.73	$16.06
D	$13.38	$13.65	$13.94	$14.23	$14.53	$14.83	$15.14	$15.45	$15.78	$16.10	$16.44
E	$13.73	$14.05	$14.37	$14.71	$15.05	$15.40	$15.75	$16.12	$16.49	$16.87	$17.26
F	$14.11	$14.43	$14.76	$15.09	$15.43	$15.78	$16.14	$16.51	$16.88	$17.26	$17.66
G	$14.48	$14.80	$15.13	$15.46	$15.81	$16.16	$16.52	$16.89	$17.26	$17.64	$18.04
H	$14.86	$15.19	$15.53	$15.87	$16.22	$16.58	$16.95	$17.32	$17.70	$18.09	$18.49
J	$15.22	$15.59	$15.96	$16.33	$16.72	$17.12	$17.53	$17.94	$18.37	$18.80	$19.25
K	$15.60	$15.96	$16.33	$16.71	$17.10	$17.50	$17.91	$18.32	$18.75	$19.19	$19.63

G:\WORDDOCS\J_BARTUL\Amherst-Pelham\Custodians
Negs.2004/Clean_resuting_2004-2007 Contract with MOA changes 5.3.05.wpd

Glossary of Terms

All Day Per Pupil Costs - The amount of money a school district spends on a per pupil basis for all locally enrolled students (average membership). District spending is derived from the school committee budget; municipal indirect educational costs; federal impact aid and school choice tuition income.

AEQV - Adjusted Equalized Property Valuation. This is the total city or town Equalized Property Valuation where the residential share is adjusted by a factor comparing per capita income with the state average per capita income.

Assessed Valuation - A dollar value assigned to a real estate parcel or other property by a government unit as the basis for levying taxes. In Massachusetts, assessed valuation is based on the amount a willing buyer would pay a willing seller on the open market. Assessors must collect, record, and analyze information about the physical characteristics of the property and the real estate market to estimate the FFCV of all taxable properties in their communities.

Budget - A plan of financial operation for a given period of time that includes an estimate of proposed revenues and expenditures and any required outside financing. A budget may be a "preliminary" budget presented to the town meeting, or city council, or a "final" budget approved by that body. The budget should be separated into basic units, based on department, program, or service. The budget should include as much information as possible about the output or accomplishments expected for each budget unit (department, program or service) during the budget period. Formatting the budget in this way helps local officials and citizens make policy decisions when allocating scarce resources

Capital Budget - An annual appropriation or spending plan for capital expenditures. Capital expenditures are usually associated with acquiring tangible assets or completing projects that have a useful life of at least five years. The capital budget should recommend the method of financing for each recommended item and identify those items that may be deferred due to scarce resources.

Capital Expenditures / Improvements - Items generally found in the capital budget such as construction or major repairs to municipal buildings. The fees for architects, engineers, lawyers, and other professional services, plus the cost of financing advance planning, may be included in addition to the cost of materials and installation/construction.

Chapter 70 Aid- Portion of the Massachusetts General Laws that defines the amount of state aid municipalities receive for public education. Chapter 70 funds are a major part of the annual state budget and of funds distributed via the Cherry Sheet process. Provisions of Chapter 70 specified increases in state funding over a seven year period following enactment of the Educational Reform Act of 1993 to achieve an objective called foundation spending. The amount is calculated each year and voted on by the Legislature.

Chapter 74 Programs- Specific vocational-technical educational programs approved by the Commissioner of Education which lead to employment of continuing preparation for employment associated with agriculture, allied health, automotive, construction, marketing, service occupations, industrial-manufacturing programs and technical programs.

CharterSchool - Charter schools are a new breed of public schools which operate independently of the conventional school district structure. A charter school is a separate, legally autonomous public entity with all the powers necessary to carry out its school program. A charter is a contract, between the state and a charter's school's board of trustees, which holds the school accountable to parents, the state, and the public at large. Charters are granted for a period of 5 years and are subject to renewal, contingent upon the school's ability to deliver quality educational results and successfully meet the goals of its charter. Charter schools may not charge tuition to their students. Funding for charter schools comes from the district in which the student resides in the form of per-pupil tuition that follows the student to the charter school.

Cherry Sheet - Detailed report on Local Aid for each city and town, plus regional school districts. Named for the cherry colored paper on which they were originally printed, the Cherry Sheets are the official means by which the Commissioner of Revenue (DOR) notifies a municipality or regional school district of the next fiscal year's state aid (receipts) and assessments.

State aid to municipalities and regional school districts consists of distributions and reimbursements. Distributions provide funds based on formulas while reimbursements provide funds for costs incurred during a prior period for certain programs or services. In addition, communities may receive "offset items" that must be spent on specific programs.

Circuit Breaker Law - A law designed to reimburse school districts for high cost special education students (those whose costs are in excess of four times the FY04 statewide per pupil foundation cost - $29,320). The law took effect in FY04 and replaced the "50/50" and abandoned children programs. Circuit Breaker will reimburse instructional and tuition costs for Special Education for both In District and Out of District students. Beginning in FY05 districts are reimbursed on the basis of eligible students reported in the prior fiscal year at an annually approved rate which for FY05 is 72% and 100% for those students who are abandoned, Homeless and/or State Wards.

Collective Bargaining - The negotiations between an employer and union representative regarding wages, hours, and working conditions.

CPI (Consumer Price Index) - The statistical measure of changes in the overall price level of consumer goods and services based on prices of goods and services bought by urban wage earners and clerical workers, including families and single persons. The index is often called the "cost-of-living index".

Debt Exclusion - A vote by a municipality at an election that excludes debt service payments for a particular capital project from the levy limit. The amount necessary to cover the annual debt service payment is added to the levy limit for the life of the debt only. A debt exclusion may temporarily increase the levy above the levy ceiling as defined by Proposition 2 1/2.

Debt Limit - The maximum amount of debt that a municipality may have authorized for qualified purposes under state law. (primarily MGL Chapter 44 - Municipal Finance § 10)

District or School District - A municipal school department or regional school district, acting through its school committee or superintendent of schools, a county agricultural school, acting through its board of trustees or superintendent/director, any other public school established by statute or charter, acting through its governing board or director.

Education Reform Act of 1993 - An act that seeks to remedy educational funding inequities between local communities by providing adequate state funding over a seven year period (FYI 994 through FY2000) for all local and regional school districts. The objective is to achieve equitable funding based upon a community's ability to pay. One of the Act's major goals is to improve student achievement.

ELE - English Learner Education

ELL - English language learner. A national-origin or linguistic minority student who is limited-English proficient.

E-Rate - In the 1996 Telecommunications Deregulations Act, Congress instructed the Federal Communications Commission (FCC) to create regulations and procedures for the E-Rate program. The E-Rate (for "Education Rate") program gives schools and libraries discounts of 20% to 90% on all purchases of telecommunications services, Internet access, internal building connections, data networks, and more. Almost all K-12 public and private, not for-profit schools are eligible. Home school programs, after school programs, colleges, universities, and other educational organizations are not eligible. Libraries are eligible if they are non-profit and have an independent budget.

EQV (Equalized Valuations) - An estimate of the FFCV (Full and Fair Cash Value) of all property in the Commonwealth as of a certain taxable date. EQVs have historically been used as a variable in distributing some state aid accounts and for determining county assessments and other costs. The Commissioner of Revenue, in accordance with MGL Ch. 58 (General Provisions Relative to Taxation) § I OC, is responsible for determining an equalized valuation for each city and town in the Commonwealth biannually.

ESL - English as a second language. An educational approach in which limited-English proficient students are instructed in the use of the English language. The instruction is based on a special curriculum that involves little or no use of the native language and is usually taught during specific school periods.

ESOL - English for speakers of other languages.

Excess Debt- An excess debt credit is a reduction in a community's contribution because of higher than average local debt service costs for school construction. Districts report their expected debt service costs, from which are subtracted any amounts to be paid by the state under a school construction (SBA) grant. The resulting local share is divided by the foundation enrollment and compared to the state average ($214 per pupil for FY03). If a district's per pupil amount exceeds $214, the difference is multiplied by enrollment to arrive at the district's excess debt.

If a district received supplementary aid due to excess debt in FY00, its current excess debt credit is reduced by that amount. If the excess debt occurs at a regional district, the credit is allocated among the members in accordance with their regional agreement. Finally, excess debt credits cannot reduce a district's spending below the foundation budget level.

Excess and Deficiency (Regional School Districts) - Also called the "surplus revenue" account (E&D), this is the amount by which cash, accounts receivable, and other assets exceed a regional school district's liabilities and reserves as certified by the Director of Accounts. The calculation is made based on the balance sheet that is submitted by the district's auditor, accountant, or comptroller as of June 30. The regional school committee must apply certified amounts exceeding five percent of the district's prior year operating and capital costs to reduce the assessment on member cities and towns. NOTE: The Amherst-Pelham Regional School District Regional Agreement restricts the E&D to a maximum of three and one half percent.

Excess Levy Capacity - The difference between the levy limit and the amount of real and personal property taxes actually levied in a given year. Annually, the board of selectmen or city council must be informed of excess levy capacity and their acknowledgment must be submitted to the DOR when setting the tax rate.

Extraordinary Maintenance- The periodic servicing, repair or reconditioning of school buildings, grounds, or equipment to extend the useful life of an existing asset, provided that the total cost per project per school of an extraordinary maintenance project shall not exceed $100,000.

Foundation Enrollment- The total number of students who reside in the district and who attend public school in that district or in another district for which the district or town of residence pays tuition. On or before October 15 of every year, every school district within the Commonwealth shall report the total number of students for whom the district is fiscally responsible as of October 1.

Foundation Budget- A budget for each school district established by the Education Reform Act. This budget represents the minimum level of spending needed to provide an adequate education for the district's students. The foundation budget is made up of 19 separate categories, such as teaching salaries, books and equipment, extracurricular activities, utilities and maintenance, etc. Significant variations between local spending and the foundation budget, or between local spending and the state-wide averages occur.

Foundation Reserve Program- The foundation reserve (pothole) program is an adjunct to the Chapter 70 state aid program. It provides one-time discretionary grants to municipalities and school districts which, because of unusual or unique circumstances, are having difficulty meeting their educational needs.

Free Cash - Unrestricted funds from operations of the previous fiscal year that are certified by the Director of Accounts as available for appropriation. Remaining funds include unexpended free cash from the previous year, receipts in excess of estimates shown on the tax recapitulation sheet, and unspent amounts in budget line-items. Unpaid property taxes and certain deficits reduce the amount that can be certified as free cash. The calculation of free cash is based on the balance sheet as of June 30, which is submitted by the community's auditor, accountant, or comptroller.

A community should maintain a free cash balance to provide a hedge against unforeseen expenditures and to ensure there will be an adequate reserve to prevent sharp fluctuations in the tax rate. Maintenance of an adequate free cash level is not a luxury but a necessary component of sound local fiscal management. Credit rating agencies and other members of the financial community expect municipalities to maintain free cash reserves and make judgments regarding a community's fiscal stability, in part, on the basis of free cash.

Full Time Equivalent (FTE)- Used by the Department of Education to calculate the number of staff positions. Example: A full time position is 1 FTE; two half-time positions equal 1 FTE.

General Fund Receipts- Funds received by a school district or municipality that are not granted or contributed to the district or municipality for a designated purpose and are not, by statute, set aside in a special account for expenditure at the discretion of the school committee.

IEP - Individualized Education Program. The IEP is a written document that serves multiple purposes: it is a teacher planning aid, an administrative form, and a parent involvement tool. Primarily, it delineates a child's special needs and the educational services designed to meet those needs.

Integrated Per Pupil Costs- The amount of money a city or town spends on a per pupil basis for all students who reside in that particular city or town. This spending includes funds appropriated to the school committee budget; assessments to member regional school districts; municipal indirect costs to support education; tuition payments to other public or private schools and federal impact aid funds.

LASID - Local Assigned Student Identifier

LEA - Local Educational Agency

LEP - Limited English proficient; a term used to identify those students who have insufficient English to succeed in English-only classrooms.

Levy - The property tax levy is the revenue a community can raise through real and personal property taxes. In Massachusetts, municipal revenues to support local spending for schools, public safety and other public services are raised through the property tax levy, state aid, local receipts and other sources. The property tax levy is the largest source of revenue for most cities and towns.

Levy Ceiling- A community cannot levy more than 2.5% of the total full and fair cash value of all taxable real and personal property in the community. The full and fair cash value limit is the levy ceiling.

Levy Limit- Proposition 2½ places constraints on the amount of the levy raised by a city or town and on how much the levy can be increased from year to year. A levy limit is a restriction on the amount of property taxes a community can levy. A community's levy is also constrained in that it can only increase by a certain amount from year to year. The maximum amount a community can levy in a given year is the levy limit. The levy limit will always be below, or at most, equal to the levy ceiling. The levy limit may not exceed the levy ceiling.

Local Aid - Revenue allocated by the Commonwealth to municipalities and regional school districts. The annual Cherry Sheets transmit estimates of local aid to municipalities and districts. Most Cherry Sheet aid programs are considered revenues of the municipality's or regional school district's general fund and may be spent for any purpose, subject to appropriation.

Local Receipts (Municipal) - Locally generated revenues, other than real and personal property taxes and enterprise fund revenues. Examples include motor vehicle excise, investment income, hotel/motel tax, fees, rentals, and charges. Annual estimates of local receipts are shown on the tax rate recapitulation sheet.

Maintenance of Effort- School districts and municipalities are now mandated by state law, Chapter 194 of the Acts of 1998, Section 241, to meet spending requirements for school building maintenance. Each school district's/municipality's annual spending on school building maintenance must equal or exceed 50% of the sum of its foundation budget allotments for ordinary maintenance and extraordinary maintenance. Districts/municipalities who fail to meet the spending requirement will lose their eligibility for new or continued funding under the Commonwealth's School Building Assistance (SBA) grant program.

MCAS- Massachusetts Comprehensive Assessment System. MCAS was implemented in response to the Education Reform Law of 1993, which required that MCAS be designed to:

Test all public school students across the Commonwealth, including students with disabilities and students with limited English proficiency
Be administered annually in selected grades
Measure performance based on the Massachusetts Curriculum Framework learning standards
Report on the performance of individual students, schools, and districts
Serve as one basis of accountability for students, schools, and districts (for example, beginning with the class of 2003, grade students must pass the MCAS tests as one condition of eligibility for earning a high school diploma.)

Medicaid Reimbursement Program - Following Congress' passage of the Medicare Catastrophic Coverage Act of 1988, which clarified Medicaid's responsibility to pay for health-related services provided to handicapped children pursuant to an Individualized Education Plan, the John W. McCormack Institute, University of Massachusetts at Boston (the Institute), at the request of the Department of Public Welfare's Medicaid Division and the State Department of Education began an exhaustive study to identify health-related services eligible for Medicaid reimbursement in Massachusetts.

Programs providing health-related services to Medicaid students are eligible for federal reimbursement of a portion of the cost of qualified program expenses, known as Federal Financial Participation (FFP). The rate of FFP for each state is dependent upon its per capita income as compared to the federal per capita average.

The cost of health-related services can be attributed to several factors, among which are the expanding scope of health-related services that schools are required to provide (ranging from speech, physical and occupational therapy to gastro-tube feedings), students requiring 24 hour special education in Chapter 766 approved private Residential Schools due to social and behavioral needs, and the high cost of specialized programs that serve children with low-incidence disabilities.

Medicaid Reimbursement Program for the school based health services is divided into two categories: direct services and administrative services. Approved Municipal Medicaid providers must be school systems. A municipality cannot be a recognized provider.

MRGF - Municipal Revenue Growth Factor. Each municipality is expected to increase its required local spending from the previous year based on its municipal revenue growth factor (MRGF). The MRGF is calculated annually by the Department of Revenue and represents the percentage increase in total unrestricted revenues available to the city or town. This factor is applied against the prior year's preliminary contribution.

Municipal Expenditures- Commonly referred to as the "Schedule 19" numbers (DOE annual End of Year Report), these represent the amount spent on specific school expenditures that are appropriated to the city departments. Examples include employee insurance costs, maintenance, nurses and financial/date processing costs.

NELB - Non English Language Background; this term refers to children who do not fit in to general LEP/ELL status, but whose linguistic background is important to academic planning and review. An example is children whose primary language is English, but who do not speak English exclusively or whose immediate family members speak a language other than English.

NetSchool Spending- The larger portion of the school budget, which contains costs directly related to the education of students. The amount of community's "required net school spending" (i.e. minimum net spending) is set each year by the Department of Education.

NSS (NetSchool Spending) Requirement - Sum of a school district's minimum local contribution and the Chapter 70 aid received in a given fiscal year (FY). Municipalities and regional school districts must appropriate funds sufficient to the net school spending requirement. In addition to the NSS requirement funds need to be appropriated to support costs of student transportation, fixed assets, long term debt service, and other costs not part of the NSS.

New Growth- Proposition 2½ allows a community to increase its levy limit annually by an amount based on the increased value of new development and other growth in the tax base that is not the result of revaluation. New growth includes:

Properties that have increased in assessed valuation since the prior year because of development or other changes.
Exempt real property returned to the tax roll and new personal property.
New subdivision parcels and condominium conversions.

No Child Left Behind (NCLB) - On January 8, 2002 President Bush signed into law the No Child Left Behind Act of 2001 (NCLB). This new law represents his education reform plan and contains the most sweeping changes to the Elementary and Secondary Education Act (ESEA) since it was enacted in 1965. It changes the federal government's role in kindergarten-through-grade-12 education by asking America's schools to describe their success in terms of what each student accomplishes. The act contains the President's four basic education reform principles: stronger accountability for results, increased flexibility and local control, expanded options for parents, and an emphasis on teaching methods that have been proven to work. Under the act, families of students who attend Title I - supported schools that have not made adequate yearly progress in increasing student academic achievement over a period of at least two years now have options to pursue a quality education for their child.

NonNetSchool Spending- The smaller portion of the school budget. The primary components are busing, the costs of community usage of school buildings, and capital improvements. Although the state does not establish a minimum appropriation amount, there are laws and regulations that impact some of the amounts required, such as minimum busing mileage requirements.

October 1 Enrollment- The total number of students enrolled in the school district. On or before October 15 of every year, every school district within the Commonwealth shall report its student enrollment as of October 1. The data required for this report is used for fund allocation, statistical analysis and monitoring educational equity.

Override - Proposition 2½ allows a community to assess taxes in excess of the automatic annual 2.5% increase and any increase due to new growth by passing an override. A community may take this action as long as it is below its levy ceiling, or 2.5% of full and fair cash value. An override cannot increase a community's levy limit above the level of the community's levy ceiling.

Overlay Surplus - Any balance in the overlay account of a given year in excess of the amount remaining to be collected or abated can be transferred into this account. Within ten days of a written request by the chief executive officer of a city or town, the assessors must certify the excess amount of overlay available to transfer. Overlay surplus may be appropriated for any lawful purpose. At the end of each fiscal year, unused overlay surplus is "closed" to surplus revenue and becomes a part of free cash.

Override - A vote by a community at an election that permanently increases the levy limit. Unlike capital outlay expenditure exclusions or debt exclusions, an override vote can increase the levy limit no higher than the levy ceiling. The override ballot question must state a purpose for the override and a dollar amount.

Override Capacity - The difference between a community's levy ceiling and its levy limit. It is the maximum amount by which a community may override its levy limit.

PDP - Professional Development Point: a unit of measurement of professional development activities. One clock hour is equivalent to one professional development point. One semester hour is equivalent to 15 PDPs.

Proposition 2 1/2 - State law enacted in 1980 that regulates local property tax administration. Major provisions of this legislation are located in MGL 59 - Assessment of Local Taxes § 21C and relate to the determination of a levy limit and levy ceiling for each town.

Recap, Tax (Sheet) - Form developed by the Tax Rate Recapitulation process that summarizes all revenues, expenditures, local options, assessed values, and levy components that result in a proposed tax rate.

Regular Day Program - A public school day program not defined as special education, vocational or transitional bilingual education under any provisions of the General Laws or regulations promulgated by the Department of Education.

Regional Agreement- An Agreement approved by the member towns and the Department of Education which governs the structure and operations of the district. The statutes (Chapter 71§ 14 through 20A) and the districts agreement impart upon the district the right to acquire property, to incur debt, to issue bonds and notes on the full faith and credit, to sue and be sued, to receive grants and gifts, to assess member towns for approved operating budgets, per the established formula, and for approved debt.

Section VII a: Not later than 45 days prior to the earliest date on which a business session of an annual town meeting of any member town, but not later than March thirty-first, the Committee shall adopt an operating budget for the next fiscal year.

Section XIV: This Agreement may be amended by (1) a two-thirds vote of the Committee and (2) a majority in each of the Participating Towns at either an annual or a special town meeting, such vote in the case of a town having representative town government by limited town meetings to be subject to the right of referendum applicable in such town. Action to amend the Agreement may be proposed only by the Committee, any such proposal to be submitted to the selectmen in each Participating Town who shall cause the question to be voted upon either at the next annual town meeting or if the Committee so requests at a special town meeting which shall be held within thirty (30) days of the date on which the selectmen receive the proposed amendment from the Committee. (Amendment #5, March 1968)

Regional Transportation (Chapter 71 § 16c: - the statute requires the full reimbursement of costs related to transporting pupils who reside over 1 ½ miles form school. Since this reimbursement is subject to appropriation by the legislature the rate has varied from year to year. [Historical appropriation and rate data: FY05 $32,970,971 (rate to be determined); FY04 $26,395,680 at 47.52%; FY02 $51,118,970 at 99.72%; FY01 $46,944,096 at 100%].

Required Local Contribution - The amount set by the Department of Education as the minimum amount a community must contribute for educational expenses. This amount plus state aid equals the minimum net spending requirement.

Revaluation - Also known as recertification. Process by which assessors of a community meet their responsibility for developing a reasonable and realistic program to achieve the fair cash valuation of property in accordance with constitutional and statutory requirements. The nature and extent of a revaluation program depends on the assessors' analysis and consideration of many factors, including, but not limited to, the status of the existing valuation system, the results of an in-depth sales ratio study, and the accuracy of existing property record information. Every three years, assessors must submit property values to the DOR for certification. Assessors must also maintain current values in the years between certifications so that each taxpayer in the community pays a share of local government cost proportional to the value of their property.

SASID - State Assigned Student Identifier. The SASID number is issued by the Massachusetts Department of Education and remains with the student throughout his/ her educational life in grades pre-K through 12, even as the student transfers from one district or school to another. If the student leaves the state and returns, the student will receive his/her original SASID.

SchoolBuilding Assistance Program- The SBAB program was established by the Legislature in 1948 and the DOE took over management of the program in 1965. In 1982, Proposition 2 ½, because of its local tax limitations, significantly enhanced the importance of the program. BY the mid 1990's the programs success began to outstrip the State's ability to provide the necessary financing - the waiting list for project approvals skyrocketed. Consequently, in July 2004 reform legislation was enacted. The primary provisions are:

1. Dedication of 1 cent of the sales tax to a new off-budget school building trust

2. Provisions for additional State contributions of $1 billion in bond proceeds and $150 million in surplus cash

3. Makes the new trust responsible for paying old contract assistance and for financing the current wait list projects

4. Continues a three year moratorium on new projects

5. Reduces the average subsidy (reimbursement) level by about 10 percentage points (72% to 62%)

6. Establishes a new independent authority to manage the program - oversight transferred to the State Treasurers Office.

School Choice- The school choice program allows parents to send their children to schools in communities other than the city or town in which they reside. Tuition is paid by the sending district to the receiving district. Districts may elect not to enroll school choice students if no space is available.

Receiving district: any city, town or regional school district within the commonwealth in which a child does not reside, but in which that child attends public school under the provisions of Massachusetts General Laws, CH. 72 § 12B.
Sending district: any city, town or regional school district within the commonwealth in which a child resides, but in which that child does not attend public school under the provisions of Massachusetts General Laws, CH. 72 § 12B.

School Choice Aid - A component of Chapter 70 state aid provided to a municipality for public education. If a district is spending below the foundation budget and it was a "sending" district under school choice in the prior fiscal year (FY), the district generally receives school choice aid in an amount equal to any increase in its prior year estimated gross school choice liability, when compared to the previous year.

SEA - State Educational Agency

SEI - Structured English Immersion; An instructional program taught in English by teachers who have specialized training in ESL; full-time, self-contained academic program in which students from different language classifications may be grouped together.

Special Education Placements-

00 Not a special education student

01 Not currently SE but was previously
05 Three-five year olds, general education students serving as role models
08 Three-five year olds, 100% in general education classroom
09 Three-five year olds, 100% separate classroom
10 All ages, Full Inclusion, outside general education less than 21% of the time
20 All ages, Partial Inclusion, outside general education 21%-60% of the time
40 All ages, Substantially separate, outside general education more than 60% of the time
41 All ages, Public separate day school
50 All ages, Private separate day school
60 All ages, Private residential
70 All ages, Homebound/Hospital
90 All ages, Public residential facilities

Stabilization Fund - A fund within a municipal accounting system used to accumulate amounts for capital or other future spending purposes, although it may be appropriated for any lawful purpose per MGL Ch. 40 - Powers and Duties of Cities and Towns § 513. Communities may appropriate into this fund an annual amount not to exceed ten percent of the prior year's tax levy or a larger amount with the approval of the Emergency Finance Board. The aggregate of the stabilization fund shall not exceed ten percent of the community's equalized value, and any interest shall be added to and become a part of the fund. A two-thirds vote of town meeting or city council is required to appropriate money from the stabilization fund.

State Wards- Any school age child placed in foster care elsewhere than in his/her home town by, or there kept under the control of, the Department of Social Services.

Title I (Federal Grant) -

Purpose:

Title I, as reauthorized under the No Child Left Behind Act of 2001, provides resources to local school districts to assist low achieving students in high poverty schools to meet the state's challenging academic standards.

Priorities:

The priorities of Title I are to:

strengthen the core program in schools and provide academic and/or support services to low achieving students at the preschool, elementary, middle, and high school levels;

provide programs based on scientifically based research that enable participating students to achieve the learning standards of the state curriculum frameworks; and

develop and provide scientifically based research programs, activities, and procedures for the involvement of parents of participating public and private school students. Parental input into the planning, implementation, and review of the district's Title I program is required.

Eligibility:

A district is eligible to receive funds based on criteria established by the United States Department of Education. Grants are awarded to local school districts after review and approval of the local plan.

Special Education/IDEA (Federal Grant) - Students with special needs are a federally mandated subgroup under NCLB. The federal Individuals with Disabilities Education Act (IDEA) authorizes formula grants to states.

Tax Rate - Ratio of property tax divided by a unit of the associated municipal tax base. A tax rate can be expressed as $14.80 per $1,000 of assessed valuation for taxable real and personal property. The state approved local tax rate for a property class is the authorized levy for the class divided by the certified valuation. The Tax Rate Recapitulation Form and supporting documentation contains proposed tax rates for a municipality and approval of this form means approval of the proposed tax rates.

Unreserved Fund Balance - The amount by which cash, accounts receivable, and other assets exceed liabilities and restricted reserves. The unreserved fund balance is akin to a "stockholders' equity" account on a corporate balance sheet. The entire balance amount is not, however, available for appropriation because a portion of the assets listed as "accounts receivable" may be taxes receivable and uncollected. See free cash.

Valuation - The method by which a dollar value is assigned to property. Massachusetts law requires that a community's property be assessed based on market or full and fair cash value (FFCV)

State & Federal Legislators

Massachusetts State Government Contacts

Governor Deval Patrick

Office of the Governor, Room 360, Boston, MA 02133
888-870-7770 (phone), 617-727-9725 (fax), 617-727-3666 (TTY)

All mail to Legislators should be addressed to:

Senator or Representative

State House

Room #

Boston, MA 02133

Joint Committee on Education—Chairpersons

Robert A. Antonioni, Senate Chair

Room 109-E; 617-722-1230
Robert.Antonioni@state.ma.us

Patricia A. Haddad, House Chair

Room 473G; 617-722-2070
Rep.PatriciaHaddad@hou.state.ma.us

Local Senators and Representatives

Senator Stanley Rosenberg

Room 320; 617-722-1532
Stan.Rosenberg@state.ma.us

District Office: 1 Prince Street, Northampton 01060
584-1649

Representative Stephen Kulik

Room 473F; 617-722-2210
Rep.StephenKulik@hou.state.ma.us

District Office: 1 Sugarloaf St, South Deerfield 01373
665-7200

Representative Ellen Story

Room 167; 617-722-2011
Rep.EllenStory@hou.state.ma.us

Ways & Means Committees

Charles A. Murphy, House Chair

Room 243; 617-722-2990
Rep.CharlesMurphy@HWM.state.ma.us

Steven C. Panagiotakos, Senate Chair

Room 212; 617-722-1630
steven.panagiotakos@state.ma.us

Federal Government Contacts

President Barack Obama

The White House,
1600 Pennsylvania Avenue NW
Washington, DC 20500
202-456-1111 (comments), 202-456-6213 (TTY)
comments@whitehouse.gov

Senator John Kerry

Contact at either federal or state offices:

304 Russell Bldg, Third Floor, Washington DC 20510; 202-224-2742 (phone); 202-224-8525 (fax)

One Bowdoin Square, Tenth Floor, Boston, MA 02114; 617-565-8519 (phone); 617-248-3870 (fax)
One Financial Plaza, Springfield, MA 01103; 413-785-4610 (phone); 413-736-1049 (fax)

Senator Edward Kennedy

Contact at either federal or state offices:

317 Russell, Senate Office Bldg, Washington DC 20510; 202-224-4543 (phone); 202-224-2417 (fax)

2400 JFK Bldg, Boston, MA 02203; 617-565-3170 (phone); 617-565-3183 (fax) senator@kennedy.state.gov

Congressman John Olver

Contact at either federal or state offices:

1111 Longworth HOB, Washington DC 20515; 202-225-5335 (phone); 202-226-1224 (fax)
57 Suffolk Street Suite 310, Holyoke, MA 01040; 413-532-7010 (phone); 413-532-6543 (fax)

Arne Duncan, Secretary of Education

U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
202-401-3000

FY09 Budget

FY09 Amherst, Pelham and Amherst-Pelham

FY09 Budget Meeting #1: Data and Direction

All the facts and figures you need to know about the Amherst, Pelham and Amherst-Pelham Regional School Districts.

See PDF below.

FY09 Budget Meeting #2: Budget Assumptions

Revenue and expenditure assumptions used to build the FY09 Amherst, Pelham and Amherst-Pelham Regional budgets.

See PDF below

FY09 Budget Surplus Information

Info on 2007 surplus - see PDF below.

FY09 Executive Level Budget - Amherst

FY09 Executive Level Budget - Amherst
See PDF below

FY09 Executive Level Budget - Pelham

FY09 Executive Level Budget - Pelham
See PDF below

FY09 Executive Level Budget -Region

FY09 Executive Level Budget -Region
See PDF below