Contractual Agreement Between NEA Portsmouth And Portsmouth School Committee - September 1, 2022 to August 31, 2025

PREAMBLE

The following represents the full and final agreement between the parties. Any prior proposals between the parties not reflected herein are null and void and will not be used for any purpose.

ARTICLE I RECOGNITION

1. The Portsmouth School Committee (hereinafter called the School Committee) recognizes NEA Portsmouth as the sole and exclusive representative of a unit consisting of all certified teaching personnel in accordance to and within the authority and limits established by Title 28 of the General Laws of Rhode Island as amended.

2. NEA Portsmouth agrees to represent equally all personnel in the negotiating unit without, regard to membership or participation in the activities of NEA Portsmouth or any other employee organization, and to continue to admit teachers to membership without qualification, other than payment of dues and employment, in the Portsmouth School Department

3. The term "teacher" when used hereinafter in this Agreement shall refer to all employees represented by NEA Portsmouth in the negotiating unit as above defined.

ARTICLE II CONTRACTS

Section A Group Contract

All certified teachers regularly employed in the Portsmouth Schools shall be included under the terms of this Agreement.

Section B Individual Contracts

1. An initial contract shall be given to each teacher upon appointment to the professional staff of the Portsmouth School Department.

2. This contract shall state the salary step and beginning date of service.

3. All teachers will receive their proposed class assignments prior to the end of the preceding school year.

ARTICLE III GRIEVANCE PROCEDURE

Section A Definition

1. A "grievance" is a claim based upon an event or condition which affects the welfare and/or conditions of employment of a teacher or group of teachers and/or the interpretation, meaning or application of any of the provisions of this Agreement or any subsequent agreement entered into pursuant to this Agreement.

2. An "aggrieved teacher" is the teacher or teachers making the claim.

3. A "party in interest" is the teacher or teachers making the claim, any person who might be required to take action or against whom any action might. be taken in order to resolve the claim, and NEA Portsmouth.

Section B Purpose

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

2. Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with the appropriate member of the administration at Level One, and having the grievance adjusted at Level One without intervention of NEA Portsmouth, provided the adjustment is not inconsistent with the terms of this Agreement.

Section C Procedure

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the. process, The time limits specified may, however, be extended by mutual agreement. In the event a grievance is filed which might not be finally resolved at Level Four under the limits set forth herein by the end of the school year which could result. in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.

1. Level One

a. A teacher with a grievance will first. discuss it with the immediate superior, either directly or through an NEA Portsmouth representative with the objective of resolving the matter informally.

b. If the grievance at Level One was handled through a superior other than the aggrieved teacher's principal and the grievance was unresolved after five (5) school days from its date of initiation in the procedure, the matter would. be forwarded to the principal by either the teacher, an NEA Portsmouth representative or the person with whom the grievance was originally filed in writing including the initial and terminating dates. The objective here still is concerned with the informal resolving of the problem.

c. Each grievance shall have to be initiated at Level One within twenty-five (25) school days of the occurrence of the cause for complaint or if neither the aggrieved nor NEA Portsmouth had knowledge of such occurrence at the time of its happening, then within twenty-five  (25) school days of the first such knowledge by either the aggrieved or NEA Portsmouth.

2. Level Two

a. If the aggrieved teacher is not satisfied with the disposition of the grievance at Level One, or if no decision has been rendered within five (5) school days after its presentation to the building principal, the teacher may file the grievance in writing with NEA Portsmouth through an NEA Portsmouth representative ten (10) school days after its initiation at Level One. Within five (5) school days after receiving the written grievance, NEA Portsmouth shall refer it to the Superintendent.

b. The Superintendent will meet. with the aggrieved teacher and NEA Portsmouth within five (5) school days after receipt. of the written grievance in an effort to resolve it.

c. If a teacher fails to file a written grievance for processing at. Level Two within thirty (30) school days of first having notified the superior at. Level One, then the grievance will be considered as waived.

3. Level Three

a. If the aggrieved teacher is not satisfied with the disposition of the grievance after having it referred to the Superintendent, or if no decision has been rendered within five (5) school days after referral to the Superintendent, NEA Portsmouth may request and receive a special School Committee hearing.

b. This meeting will take place within five (5) school days of the request and should provide information pursuant to recommendations concerning the grievance.

c. It. will be the policy of the School Committee to schedule grievance hearings prior to the beginning of the School Committee meeting.

4. Level Four

a. If the aggrieved teacher is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within five (5) school days after the School Committee hearing, then the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association or the Labor Arbitration Rules of the Labor Relations Connection which will act as the administrator of the proceedings.

b. Notice of intention to request submission to arbitration must be in writing addressed to the Superintendent of Schools, not later than ten (10) school days following the decision of the School Committee, or lack thereof, whichever shall first occur. A copy of such notice of intention to submit to arbitration shall be sent to the Superintendent by certified mail, return receipt requested.

Section D Rights of Teachers to Representation

1. No reprisals of any kind will be taken by the School Committee or by any member of the Administration against any party in interest. or any School Representative, any member of NEA Portsmouth, or any other participant in the grievance procedure by any reason of such participation.

2. Any party in interest may be represented at all stages of the grievance procedure by a person of their own choosing. When a teacher is not represented by NEA Portsmouth, NEA Portsmouth shall have the right to be present and state its views at all stages of the grievance procedure. If the grievant is represented by someone other than NEA Portsmouth, NEA Portsmouth shall not be liable for any expenses incurred by the grievant.

Section E Miscellaneous

1. If, in the judgment of NEA Portsmouth, a grievance affects a group or class of teachers, NEA Portsmouth may submit such grievance in writing to the appropriate Principal(s), or the Superintendent, directly, and the processing of such grievance will commence at. the appropriate level. NEA Portsmouth may process such a grievance through all levels of the grievance procedure on the basis of its relevance to the whole group as an issue to be resolved for the general welfare.

2. Decision rendered at Levels One, Two and Three of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest and to NEA Portsmouth.

3 All documents, communications and records dealing with the processing of a grievance shall be filed separately by NEA Portsmouth and by the Superintendent.

4. The School Committee agrees to make available to any grievant and/or the grievant's representative all information not privileged under law in its possession or control and which is relevant to the issue raised in the grievance.

ARTICLE IV SALARY SCHEDULE

Section A Basic Salary Scale

Base salaries shall increase for 2022-2023 by 3% over the prior year. Base salaries shall increase for 2023-2024 by 3% over the prior year. Base salaries shall increase for 2024-2025 by 3% over the prior year.

Section B Advanced Increment Schedule

1. Any teacher starting work after September 1, 1990, shall not be entitled to the BA+36 stipend, but those teachers who began employment before September 1, 1990, and achieved the BA+36 shall be granted that stipend. Any teacher who has completed Masters +30 by September 1, 2016, shall continue to receive Masters + 30, but no other teacher shall be eligible to receive Masters+ 30. Any teacher starting work after September 1, 2022, shall not be entitled to an allowance in addition to salary and other supplements for National Board Certification, but those teachers who currently have National Board Ce1tification and began employment before September 1, 2022, and achieved National Board Ce1tification shall continue to claim two stipends. No other teacher employed after September 1, 2022 may claim more than one stipend.

2. Teachers requesting full payment of any advanced increment referenced above must make application and present credentials to the Superintendent of Schools by October 1st of the year they request payment. Teachers completing course requirements for any advanced degree or certification referenced above by January of the school year, may receive half (1/2) payment if application is made by October pt and credentials are presented by February 15th. A one-time bonus of $2,500 shall be awarded to a tenured teacher or a teacher who obtains tenure while employed by the PSD who obtains an initial master's degree while employed by the PSD.

Section C Longevity Schedule

An allowance in addition to salary and other supplements shall be paid to a teacher having obtained a master's degree or beyond and years of teaching in the Portsmouth School System in accordance with the following (teachers who reach fifteen (15) years of service or above during the 2021-2022 school year will continue to advance to a thirty (30) year maximum longevity stipend without a master's degree requirement):

Section D Professional Stipends

Middle School Curriculum Coordinators $1,600

Section E Pay Periods

1. Teachers shall have a choice of two payment options with the choice made prior to the start of the school year. The choices are as follows:
a. Salary paid in twenty-one (21) equal installments over the course of the school year; or
b. Salaty divided into twenty-six (26) equal installments and paid in twenty-one (21) installments during the year with the final five (5) installments paid in a balloon payment at the end of the school year.
The first pay day shall be issued no later than the second Friday after the start of the school year, and in accordance with the no1mal payroll schedule. Subsequent issuance shall be at two-week intervals.

2. All teachers will have their checks automatically deposited into a checking or savings account of their choice.

ARTICLE V COMPENSATION FOR EXTRACURRICULAR ACTIVITIES AND ABOVE BASIC SALARY PAYMENTS

Section A Hourly Rate

1. Hourly rate scale is as follows:

2. Teachers of the home bound, teachers of summer school, teachers in ESY (extended  school  year), teachers employed on curriculum development and teachers requested to perform other duties shall be compensated at the hourly rate according to the above scale.

3. All meetings called by the administration which are held after the school day, workshops, etc. will be advertised in one of the following ways:

a. voluntary and compensated or
b. voluntary and not compensated

When advertised as compensated, compensation shall be at the Hourly Rate. Should nothing be posted on the meeting announcement, then that meeting will be compensated at the Hourly Rate. The decision to make meetings compensated or uncompensated shall lie with the administration. In addition, the decision to post a meeting as compensated or uncompensated shall not establish a practice for that type of meeting.

The following voluntary meetings are always compensated at the Hourly Rate: Beyond school hours ET (Evaluation Team), Multi-tiered Support System (MTSS), IEP and/or 504 Meetings and Faculty Staff Advisory Committees.

Note: Each Faculty Advisory Committee member, not otherwise compensated for serving on the Faculty Advisory Committee, will be paid an annual stipend. Stipends will be calculated on an annual basis. This will be accomplished by mutual agreement of the Superintendent and NEA Portsmouth. The stipend is based on the following formula:

Two hundred and eighty (280) hours at the Hourly Rate divided by the total number of systemwide participants serving on the Faculty Staff Advisory Committees [not counting those Faculty Advisory members otherwise compensated serving on the Faculty Advisory Committees].

4. Teachers may be asked during periods when schools are not in session to perform duties related to the opening, closing, and operating of schools. Such duties are voluntary and may include, but are not limited to, pupil assessment, scheduling, record review, instructional planning, curriculum material and text selection, etc. Teachers shall be compensated at the hourly rate according to the above scale.

5. Unless full-time home teachers are hired for the purpose of teaching convalescent children, teachers from the regular staff shall be hired as home teachers whenever contingencies may arise. Home teachers shall be compensated at the hourly rate according to the above scale.

6. When a part -time staff member agrees to voluntarily cover a class or classes, the part -time staff member will be compensated at the existing contractual pro-rated Hourly Rate [Article V, Section A] per class covered.

Section B Work With Student Teachers

Cooperating Teachers shall be recommended, with the teacher's approval by their Principal to the Superintendent. The Superintendent upon review will submit teacher's names to cooperating colleges. The cooperating teachers shall receive whatever compensation the cooperating college commits itself to pay.

Section C Department Heads and Coordinators

1. All Department Heads and Coordinators can be required to teach a fourth  (4th) class  (80 percent)  with  additional  compensation  as delineated  in Section D of this article.   High School Department  Heads may not be assigned more than three (3) class preparations (three [3] distinct groups as to grade level and subject content).  For the purpose of determining department size, the count shall include the Department Head and Coordinators.

2. All Coordinators shall have a teaching load not to exceed 60% of the normal teaching   requirements unless deemed necessary by the Superintendent with additional compensation in accordance with section D.

3. All Department Heads and Coordinators shall have a work year of one hundred ninety (190) days or that which is posted in the notice describing the vacancy. Any position requiring a work year of over two hundred (200) days must be mutually agreed to by NEA Portsmouth and the School Committee. Compensation for days beyond the one hundred ninety (190) will be in accordance with the provisions of Section D of this article.

4. Department Heads and Coordinators shall be posted, appointed, and evaluated annually.

5. The Portsmouth School Committee will seek input from NEA Portsmouth regarding job descriptions for promotional positions.

6. The Administration will make its best effort to post and appoint promotional positions before the posting of the annual teacher preference sheet.

Section D Compensation For Department Heads and Coordinators

1. Compensation paid to Department Heads and Coordinators shall be based on the number of teachers in the department including the supervisor. In addition, this compensation shall be considered payment for a teaching load not to exceed sixty (60) percent of the normal teaching requirements and a one hundred ninety (190) day work year. Compensation paid shall be in normal step increments of one year intervals as follows:

Department Size

2. Department Heads and Coordinators, who are either required or voluntarily assigned to teach a fourth class shall be compensated additionally as follows:

Department Size

1-4                     5-7              8 or more

$4,000.00        $4,500.00       $5,000.00

2. Department Heads and Coordinators who are either required or requested to work beyond the basic one hundred ninety (190) day work year shall be compensated at the rate of two hiµidred fifty dollars ($250) per day for each additional day of work.

Section E Miscellaneous
COORDINATORS AND SPECIALISTS
1. Compensation paid to Coordinators (exclusive of curriculum coordinators) and Specialists shall be compensated as follows:

1.2. The above referenced Coordinators and Specialists who are either required or requested to work beyond the basic one hundred ninety (190) day work year shall be compensated at the rate of two hundred fifty dollars ($250) per day for each additional day of work.

ARTICLE VI FRINGE BENEFITS

Section A Health Care and Prescription Drug Insurance

1.  The Portsmouth School Department shall provide health insurance which includes prescription dmg coverage. The health insurance shall have the following key benefit components:

2. Except for those teachers that have their employment terminated for any reason during the school year, the health insurance coverage period shall run from 9/1 to 8/31. Teachers that have their employment terminated during the school year will have their health insurance end on the last day of the month in which they terminate employment,, subject to any extension available under COBRA. Health insurance coverage will be offered to teachers during the annual open enrollment period. Any teacher that declines coverage during the annual open enrollment period will not be eligible to participate in the health plan during that plan year. The exception will be if the teacher experiences a qualifying event during the year.

*Should the PrudentRx drug program become no longer available or a teacher chooses not to pa1ticipate, the 4th tier drug co-pay for specialty drugs will change to $50 (equivalent to the previous 4th tier drug co-pay depending on specific subgroup).

3. During the term of this collective bargaining agreement, the NEA Portsmouth health insurance co-share amount shall be as follows:

2011-2025: twenty-percent (20%) co-share for both a single plan with a $1,000 deductible and a family plan with a $2,000 deductible.

4. The description of the health insurance and prescription drug benefit provided for the 2022-2025 school years is included in Appendix A to this Agreement.

Health Insurance Buyback

5. Any employee may elect to receive a cash payment in lieu of the above health insurance benefit, provided that said employee notifies the Superintendent prior to September 1st of the year in which he/she intends to use this option. The following cash payments will apply and will be made by June 30th of the same school year:

Employees Eligible for Family Plan $1,000

Employees Eligible for Individual Plan $500

a. Employees resigning from the system or reentering the Plans will receive a prorated payment

b. Any teacher enrolled in the Portsmouth School Department health insurance plan as the spouse or dependent of another district employee shall not be eligible for the health insurance buyback.

Dental Coverage

6. The Portsmouth School Department shall provide individual or family dental insurance to eligible employees. Eligible employees will pay the following co-shares:

2019-2021: twenty (20%) co-share

Section B Tax Sheltered Annuities

Optionally, teachers shall have monies deducted from their salaries for the purpose of maintaining tax-sheltered annuities. This would be done by the Payroll Department on a pre-tax basis in accordance with Internal Revenue and Rhode Island Division of Taxation rules and regulations.

Section C Graduate Study

1. For all courses taken in pursuit of an approved Masters level program and beyond from an accredited college or university any teacher shall be allotted a maximum reimbursement per year of $650.

2. Awarded allotment must be realized when the following have been actuated:

a. Course must be taken in correspondence with the fiscal year, July 1st to June 30th.

b. Teachers earning credit during the summer shall be reimbursed in September, only if they continue in the employ of this school system.

c. Teachers earning credit during the fall shall be reimbursed within forty-five (45) days of submission of evidence of satisfactory completion of such courses to the Superintendent.

d. All courses must be approved in advance by the Superintendent.

e. Reimbursement must be requested within thirty (30) days from the date of course completion.

3. Graduate Study stipend will be budgeted by the District not to exceed $10,000 in a school year.

4. Right of Appeal to the School Committee concerning adverse decisions is granted.

5. Exception: Any teacher who delays attainment of a regular degree in order to pursue course work which benefits the school system may request a graduate study stipend if the Superintendent has given prior approval.

Section D Part Time Teachers

1. Teachers hired on a part-time basis, shall receive pro-rated benefits. Teachers receiving pro-rated benefits may pay the difference and receive full benefits. Any part time teacher choosing health and prescription coverage and/or dental coverage shall pay an increased co-share amount equal to the difference between the equivalent premium paid by the School Department for a full time teacher and the pro-rated premium paid by the School Department based on the part time teacher’s full time equivalency.

ARTICLE VII TEACHER PROTECTION

Section A Worker’s Compensation

1. The School Committee shall provide Worker's Compensation for all Certified Staff.

2. Whenever a teacher is absent from work as a result of an on-the-job injury other than assault as defined in R.I. Gen. Laws §9-1-31, accumulated sick days will be used to supplement the teacher's salary on a bi-weekly basis in prop01tion to the affected teacher's full bi-weekly salary up to a maximum of thirty (30) sick leave days. After thitty (30) sick leave days have been charged for this purpose, the teacher will be limited to Workers' Compensation wages only. Absences that result from assault as defined in the aforementioned law shall be paid in accordance with all of the provisions of said law.

Section B Transfer Of Tenure

Teachers who have attained tenure in other Rhode Island communities shall be placed on tenure in Portsmouth in accordance with § 16-13-8.

Section C Legal Counsel

If criminal or civil proceedings are brought against a teacher in connection with the teacher's employment, the School Committee, in accordance with R.I. Gen. Law §9-1-31, will furnish legal counsel to defend the teacher in such proceedings, if the proceedings are brought while the teacher is engaged in lawful teaching responsibilities and so long as the teacher's actions are not wanton, reckless, malicious or grossly negligent as determined by a comt of competent jurisdiction.

Section D Academic Freedom

The School Committee and NEA Portsmouth agree that adequate freedom is essential to the fulfillment of the Portsmouth School Department, and they acknowledge the fundamental need to protect teachers from any censorship or restraint which might interfere with their obligation to pursue truth in the performance of their teaching functions. Methods of instruction should be determined by the needs of children as established by the teacher, with the principal and the Superintendent involved. Teachers who feel their right to academic freedom has been infringed upon will have access to the grievance procedure.

ARTICLE VIII LEAVE POLICY

Section A Sick Leave

1. Twelve (12) days for the first year of service and fifteen (15) days each for the second and third years and thereafter twenty {20) days for each year of completed service at full pay shall be granted annually to each regularly appointed teacher. Days of sick leave shall be cumulative and not to exceed one hundred and seventy (170) work days.

2.In the case of illness in the immediate family (spouse, son, daughter, parents, or other person in the immediate household), a teacher shall be allowed to use her or his annual allocation of annual sick leave/family leave in accordance with Section 8.1 a. At the discretion of the Superintendent or her/his designee, a doctor's certificate may be required of teachers with respect to absence of family illness leave when said teacher is absent (3) or more consecutive days.

3. A teacher leaving before the end of a school year who has used up all their sick leave shall have their days of sick leave pro-rated and any time over the teacher's allotment subtracted from the last paycheck. This will apply for the teacher's first three (3) years of service.

4. If a teacher is absent for four (4) or more consecutive days under sick leave, the teacher will be required to provide a doctor's note.

5. Upon request by the Administration, the teacher will submit to an examination by a physician selected and paid for by the Administration.

6. A teacher not serving a full day because of illness shall have the absence counted as a day of sick leave. Leaving prior to one half (1/2) of the school day shall be considered a full absence, but leaving after one half (1/2) of the school day shall be considered a half day of sick leave.

7. A teacher who becomes pregnant will notify the Superintendent as soon as possible. The date the teacher is to begin medical leave and the date of return will be determined by the teacher and the teacher's personal doctor. Such a leave request shall include a letter from the teacher's personal doctor verifying the expected length of incapacity. However, the Supetintendent will be given advance notice by the teacher. The teacher may elect either or both of the following two (2) options:

a. Continued employment status as in a typical incapacity for which sick leave accumulation applies so that the teacher continues all fringe benefits. The teacher and the teacher's personal doctor will detennine the length of incapacity; however, the teacher will inform the Superintendent as soon as possible of the expected date of release from incapacity.

b. A leave of absence for a maximum of one (1) year without pay to begin after the period of incapacity. Whenever possible the teacher will return to work at. the beginning of the school year. The teacher would be allowed to maintain at the teacher's own expense any fringe benefit coverages under this contract.

c. Beginning on the date of the physical placement for adoption, a teacher shall be eligible for all of Letter b above.

8. In the event of in-service death, said teacher's designated beneficiary, or in the absence of a designated beneficiary, the teacher's estate, shall be reimbursed for all unused days of sick leave to a maximum of one hundred twenty (120) days.

Section B Sick Leave Bank

The School Committee, in cooperation with NEA Portsmouth, shall maintain a Sick Leave Bank. The NEA Portsmouth shall administer the Sick Leave Bank and establish rules for the implementation of the Bank. A copy of these rules shall be on file in the Human Resources Office, as well as in each building by request of each building representative. By November 1 of each year, NEA Portsmouth shall provide to the Human Resources Office the names of participating members. NEA Portsmouth will also update the Human Resources Office of subsequent charges against the Bank. NEA Portsmouth takes full responsibility for the management and application of this Sick Leave Bank.

Guidelines

1. The term day in the following guidelines refers to the teacher's actual work day. For full-time teachers the day is a full work day. For part-time teachers the day is the length of their work day.

2. Any teacher who is employed at least .5 or more and who is at least a third-year teacher shall participate in the Sick Leave Bank. A teacher shall deposit two (2) days upon her/his first year of participation, all other participating teachers shall at a minimum deposit one (1) day or at a maximum deposit three (3) days every year thereafter.

3. A teacher may elect to not participate in the Bank by notifying NEA Portsmouth in writing by October 15th of the year in which s/he is first eligible for the Sick Leave Bank.

4. Days in sick bank.

a. If the number of days in the bank falls below 200, an automatic deduction of one (1) day shall be made from all participants in the Bank. If a participant does not have a sick day to contribute during the current school year, the sick leave day will be contributed at the beginning of the next school year without any lapse in Sick Leave Bank eligibility.

b. If the number of days in the bank on November 1 exceeds 900, the only deductions made will be from new members to the Sick Leave Bank

5. A participant may cancel membership by so indicating in writing directed to the attention of the chairperson of the Sick Leave Bank Committee. Cancellation of membership, regardless of reason, shall mean forfeiture of any claim to contributed

days and benefits of membership. A teacher who has elected not to participate in the Sick Leave Bank as a third-year teacher may never join the Sick Leave Bank.

6. The intent of the Bank is to provide additional financial protection for those teachers who have exhausted their accumulated sick leave and who incur a period of personal illness or hospitalization, as verified in writing by a physician. The Sick Leave Bank shall be applicable only to teacher (not family) illness or accident and shall not be applicable to any teacher during any unpaid leave of absence, sabbatical leave, or parental leave as per the agreement between the Portsmouth School Committee and NEA Portsmouth. It remains the intent of both parties to strive to retain good attendance in the District. It is not the purpose of this Bank to provide additional days to teachers who have exhausted their accumulated sick leave and are applying for days because of common colds or some other temporary, commonplace illness.

7. Number of days allowable from Sick Leave Bank

a. Third year teachers: Maximum of thirty (30) days.

b. Fourth year teachers: Maximum of sixty (60) days. Once this maximum usage in a school year is reached, a teacher must return to employment in a position (full or part-time) approved by the Administration for a period of two (2) consecutive school years with absences not exceeding allowable benefit levels before becoming eligible for use of the Bank again.

c. An eligible fifth year and beyond teacher may utilize Bank days for a maximum of one hundred twenty (120) school days. Once this maximum usage is reached, a teacher must return to employment in a position (full or part-time) approved by the Administration for a period of two (2) consecutive school years with absences not exceeding allowable benefit levels before becoming eligible for use of the Bank again.

8. Authorized withdrawals by participating teachers from the Sick Leave Bank shall be made only upon approval of the majority members of the Sick Leave Bank Committee, and their decision shall be final.

9. The teacher may apply for Sick Bank Leave prior to exhausting all accumulated sick days.

a. The teacher must first submit to the Sick Leave Bank Committee a doctor's certificate of illness (certifying inability to work and that the situation is a prolonged illness or hospitalization) and fill out the NEA Portsmouth application to use the Sick Leave Bank.

b. The teacher must use all accumulated sick time prior to withdrawing approved Sick Leave Bank days. Recurring absences due to the same illness or disability indicated by a doctor's written verification do not have to be consecutive.

c. Each withdrawal may not be less than five (5) school days.

d. The Sick Leave Bank Committee may consider an additional request in the event of a catastrophic illness.

10. The Sick Bank Committee which shall act in all matters that concern the policies and decisions of the Sick Leave Bank. NEA Portsmouth shall appoint the members of the Sick Leave Bank committee, shall write its own regulations of operation covering procedures to review all requests and make such regulations available to all members of the Bank, Administration and School Committee. If such regulations violate school policies and/or are not practical to carry out, as determined by the Business Office, such regulations will have to be changed by the Committee.

11. A representative of the Sick Bank Committee shall compile and submit a list of those teachers who elect to not participate in the bank to Human Resources no later than November 1st each year. They shall also report the specifics of any withdrawals to the Human Resources Office prior to the end of each school year and shall prepare and present such other reports and information that the Human Resources Office may require from time to time.

12. Nothing herein shall limit management’s right to monitor and/or contest the use of extended sick leave.

13. Any dispute which arises as to the administration of this section will not be subject to the grievance process.

14. Any member who is absent for illness or injury due to a work-related accident (which is compensable under the Rhode Island Workers’ Compensation act) may not avail her/himself of any benefits of the Bank.

15. In June of each year, the Human Resources Department will provide NEA Portsmouth with an accounting of the number of days in the Sick Leave Bank and the number of days utilized from the Bank.

Section C Sabbatical Leave

A sabbatical leave, not -to -exceed one (1) year, may be granted by the School Committee upon recommendation of the Superintendent for any professionally certified employee after each seven (7) years of consecutive service in the Portsmouth School System. Any sabbatical granted by the School Committee prior to this contract that may have differed from this standard shall not be used to constitute a past practice. The following conditions shall prevail:

1. Requests for sabbatical leave must be submitted in writing to the Superintendent of Schools by February 1, preceding the school year for which leave is requested.

2. A teacher must be enrolled full time in an accredited college or university, and be engaged in a formal program leading to an advanced degree in a type of specialization which is beneficial to the school system. Full Time shall be defined as a course load resulting in a minimum of twelve (12) graduate credits.

3. The degree requirements must be completed during the period of sabbatical leave if the program is for work toward either a Master's Degree, or a Certificate of Advanced Graduate Specialization.

4 A teacher shall be compensated at one-half (1/2) the amount of the teacher's annual salary.

5. Upon return from sabbatical leave, a teacher shall be placed on the salary schedule at the level which the teacher would have achieved had the teacher remained actively employed in the system during the period of absence.

6. A teacher granted a sabbatical leave of absence must. agree in writing to continue working in the School Department for 360 days exclusive of extended paid or unpaid leaves of absence following the sabbatical leave. If the total remission of service is not made by the teacher, the teacher shall agree, by signing a promissory note before being granted the leave, to remit to the School Committee the monetary amount equal to the time not served.

Section D Personal Leave

1. Three (3) days per year will be allowed a teacher for the purpose of transacting personal business, which a teacher cannot conduct at any other time such as after school hours, weekends, and vacation periods. This leave shall not be granted prior to or immediately following vacations or holidays. Superintendent approval is required for the use of three (3) consecutive personal days.

2. At the end of each school year unused personal days will be converted into sick leave days.

3. In an emergency, not related to travel plans (delays, cancellations, etc.) the Superintendent may grant personal leave prior to, or immediately following, vacations or holidays. No consideration will be given if it is determined by the Superintendent that the reason for the request is to directly or indirectly extend a vacation or holiday period.

4. Notification of such leave shall be given as far in advance as possible to the building principal who shall forward notification to Superintendent. Such days shall not be charged as sick leave.

5. In cases of extreme emergency, when prior notice is not possible, notification of emergency leave may be phoned in to the building principal.

6. A teacher who finds it necessary to take such leave will follow the appropriate procedures for notification of the building principal as far in advance as possible prior to taking the leave, or in case of emergency, immediately upon return to school following such leave. The administration will notify and consult with NEA Portsmouth regarding any changes in notification procedures.

Section E Professional Leave

1. At the discretion of the Principal and the Superintendent, days may be granted to a teacher to attend meetings such as conferences, seminars, conventions, or other schools for the purpose of broadening the teacher's educational background and enriching the educational environment. of Portsmouth Schools.

2. Requests for such leave must be submitted in writing through the office of the building principal to the Superintendent.

Section F Military Leave

A teacher who is a member of a reserve component of the Armed Forces may be granted a leave of absence according to Federal Law.

Section G Bereavement Leave

1.  A  teacher  shall  be allowed  ten  (10)  days  of leave  because  of the  death  of  a spouse/significant other, child, or step-child with no loss of pay.  A teacher shall be allowed five (5) days of leave because of the death of any close relative: father, mother, step-mother, step-father, grandmother, grandfather, grandchild, sister, brother, father-in-law, mother-in-law, or legal guardian with no loss of pay. A teacher shall be allowed three (3) days of leave because of the death of a niece or nephew with no loss of pay.

Any extraordinary cases shall be reviewed by the Superintendent for a decision as to approval.

2. In the case of the death of a close friend, uncle, aunt, cousin, niece, or nephew, a teacher will be allowed the day of the funeral with no loss in pay.

Section H Jury Duty

When a teacher is selected for jury service, the teacher shall receive differential pay for the duration of service as a juror. This pay shall be the difference between the amount of money normally paid to the teacher for each day of teaching and that amount of money paid for jury duty.

Section I General Leave

1. NEA Portsmouth and the School Committee recognize that leaves of absences without. pay are necessary and are often in the best. interest of the school system and/or employee. However, General Leaves shall not be granted to take employment elsewhere. Any General Leave granted by the School Committee prior to this contract that may differ from this statement shall not be used to constitute a past practice.

2. Reasons that may result in the granting of leaves of absence without pay may include, but are not limited to:

a. Personal hardship
b. Professional growth
c. Employee long term illness.

3. Each request for a leave must be submitted to, and approved by the Superintendent. The Superintendent will inform the School Committee of all such leaves. The application for General Leave must be received by June 1st of the prior school year, except in extraordinary circumstances.

Section J Notice of Intent to Return

A teacher on any type of leave status for a year or more must inform the Superintendent of her/his intent to return to her/his original position, in writing, by February 1st of the prior school year. This notification must be separate and apart from the teacher's original letter requesting the leave.

Section K. Job Reduction

1. A teacher who voluntarily wants to reduce his/her teaching position must notify the Superintendent in writing no later than January 31st of the preceding school year. The request must. be done on a yearly basis.

2. Approval of Job Reductions is at the discretion of the Superintendent on a yearly basis.

3. The remaining part-time position of a Job Reduction, if filled, must go to through the Job Assignment Process The part-time position goes to the Job Assignment Process with the understanding that the position is a temporary one (1) year position.

4. The teacher going on a Job Reduction comes back to the same complete position s/he left unless s/he was notified that the position or parts of the position will no longer exist. A teacher so notified becomes a displaced teacher.

5. When the teacher on a Job Reduction status goes back to his/her full-time position, the teacher who filled the temporary position, if it was filled, wiII be either displaced or laid off according to Article IX Section L.

ARTICLE IX CONDITIONS OF EMPLOYMENT

Section A Class Size

1. The following is a listing of grades and the maximum number of students allowed per class:

Exceptions

1. With the exception of circumstances described herein classes in Grades 9-12 shall not exceed 26 students. Physical Education/Health classes and Band/Chorus will remain at 20% over twenty-five (25) students as acceptable, if unavoidable. When mutually agreeable, between the NEA Portsmouth and the Administration, class size for Band/Chorus shall exceed the enrollment limitations specified herein. The class enrollment of teachers in Grades 6-12 shall not exceed one hundred twenty-five (125).

2. The exception above for Physical Education/Health and Band classes will also pertain to Grades 6 through 8.

3. In Grades 3-12, in the event of student registrations on or after October 1st said class-size maximum may be increased by one (1) student.

4. In grades K-5 class size may be exceeded by one (1) student and the classroom teacher  shall  be compensated  fifteen  ($15)  per  student  per  day and specialists shall be compensated five dollars ($5) per student per class for each overage. In grades  6-12  class  size  may  be exceeded  by  one  (1)  student  per class  and  all teachers shall be compensated five ($5) dollars for each overage.

5. Classes with a minimum enrollment of fifteen (15) students will be retained.

6. With mutual consent of the Administration and NEA Portsmouth, the foregoing standards are subject to modification for physical education/ health, chorus, band, and/or experimental instruction. Experimental instruction shall be defined as those activities mutually agreed to by the Portsmouth School Department and NEA Portsmouth that require considerations of class size and schedule outside of the previously accepted norms.

Section B Teaching Hours and Teaching Load

1. All Grades:

a. The official length of the school day shall not exceed six and one-half (6 ½) hours. This figure is exclusive of the fifteen (15) minute period before and after the school day. The high school shall divide the thirty (30) minute period into ten (10) and twenty
(20) minute segments before and after school.

b. The school committee may submit proposals for release time to the Department of Education for approval. In order to schedule all staff members during release day workshops, the start and end of the normal workday may be altered but not extended without the consent of NEA Portsmouth. The President of NEA Portsmouth will be notified in writing within two (2) weeks of the Administration receiving permission of the Department of Education.

c. All teachers shall have a duty-free lunch period daily. Elementary teachers shall have a minimum of twenty (20) minutes.

2. Elementary School Teachers

a. Each teacher in the elementary schools shall be provided with a forty-five (45) minute span of time daily, known as a preparation/planning period. In instances where the schedule cannot provide a daily preparation period, the teacher shall have a total of five plan periods per week. This time will consist of a minimum of 180 minutes per five (5) day work week. Preparation/planning period blocks shall not be less than thirty minutes. One of the five planning preparation periods will be principal/administrator directed. One of the five planning periods will be teacher directed for the purposes of common planning. with colleagues, to include special educators, interventionists, support professionals and coaches, and shall not be considered administratively led. Three of the five planning periods shall be used at the teacher’s discretion for preparation, planning, curriculum, conferencing, nd intervention development.

i. When school is only in session four (4) days a week, three (3) planning periods will be at the teacher’s discretion, and one (1) will be administrator directed.

ii. When school is only in session three (3) days a week, (2) planning periods will be at the teacher’s discretion.

b. When possible, elementary itinerant teachers (art, music, physical education, library, etc.) shall have at least sixty (60) minutes per week of their planning time scheduled concurrent with other teachers of the same subject.

c. When space is available in an elementary school after satisfying the administration's need for regular academic classrooms, remedial reading, and library programs top priority for additional rooms shall be given to art and music.

d. School aides or their substitutes will relieve all teachers at the elementary schools of lunch and recess duty. In the event that the aide is absent, the building principal will be required to make every effort to secure a substitute. In an emergency, when a substitute is not available, then the principal may assign a teacher to cover as follows:

i. The principal must have taken all of the above steps to secure coverage.

ii. The assignment of teachers must be strictly on a rotation basis with no teacher being assigned more than one coverage in each rotation.

iii. The released time provided by relieving a teacher of non-teaching duties will be exclusive of planning time contained in Article IX, Section B, I, Number 4.

e. The administration shall provide substitutes enabling teacher to participate in IEP planning and to attend the IEP, MTSS, and/or 504 meetings of students for which they are responsible.

f. Recognizing the challenges of implementing literacy and numeracy Regulations, the Portsmouth School Department Administration will work cooperatively with the professional staff to provide support and build capacity to meet these requirements. When needed, coverage shall be provided for state mandated assessments and reports.

3. Middle School Teachers

a. No teacher will be assigned more than five (5) teaching periods per day.

b. Each teacher in the middle school shall be provided with a sixty (60) minute span of time daily, known as a preparation/planning period. In instances where the schedule cannot provide a daily preparation period, the teacher shall have a total of five planning periods per week. This time will consist of a minimum of 300 minutes per five (5) day work week. One of the five planning preparation periods will be principal/administrator directed. One of the five planning periods will be teacher directed for the purposes of common planning with colleagues, to include special educators, interventionists, supp01t professionals and coaches, and shall not be considered administratively led. Three of the five planning periods shall be used at the teacher's discretion for preparation, planning, curriculum, conferencing, and intervention development.

i. When school is only in session four (4) days a week, three (3) planning periods will be at the teacher’s discretion, and one (1) will be administrator directed.

ii. When school is only in session three (3) days a week, (2) planning periods will be at the teacher’s discretion.

c. The administration shall provide substitutes enabling teacher to participate in IEP planning and to attend the IEP, MTSS, and/or 504 meetings of students for which they are responsible.

d. The amount of time assigned to Administrative Duties shall be equitable.

e. By June 1st, the building principal will meet with NEA Portsmouth to discuss the Administrative Duties for the following school year.

f. Recognizing the challenges of implementing literacy and numeracy regulations, the Portsmouth School Department Administration will work cooperatively with the professional staff to provide support and build capacity to meet these requirements. When needed, coverage shall be provided for state mandated assessments and reports.

4.  Secondary School Teachers

Provisions a. through d. of Section B, 4. shall apply to the 2022-2023 school year only. Subsequent years of this Agreement shall be subject to the provisions of Section B, 4. e. and f. only.

a. No teacher shall be required to teach more than the existing block schedule. On a two (2) day block schedule, no more than five (5) classes shall be assigned and one (1) administrative duty. Each teacher shall have one (1) preparation period per day. Administrative duties shall be equally distributed. The High School shall have a schedule, the specific type of which will be established by the Principal and Assistant Principal, giving due regard to the recommendations of NEA Portsmouth and also giving due regard to rotation of schedule, program offerings, attendance, discipline, and inter-school scheduling.

b. One of the five planning preparation periods will be principal/administrator directed. One of the five planning periods will be teacher directed for the purposes of common planning. Three of the five planning periods shall be used at the teacher’s discretion for preparation, planning, curriculum, conferencing, etc.

i. When school is only in session four (4) days a week, three (3) planning periods will be at the teacher’s discretion and one (1) will be administrator directed.

ii. When school is only in session three (3) days a week, (2) planning periods will be at the teacher’s discretion.

iii. During the administrative periods, teachers may be called upon to cover classes, monitor study halls, provide tutorial assistance, or perform other reasonable duties conducive to the maintenance and efficiency of the department.

iv. No teacher may be assigned more than three (3) class preparations (three [3] distinct groups as to grade level and subject content).

c. The administration shall provide substitutes enabling teacher to participate in IEP planning and to attend the IEP, MTSS, and/or 504 meetings of students for which they are responsible.

d. Any change in the practice of assigning Administrative Duties to part-time teachers at 3/5ths and above shall be mutually agreed upon by NEA Portsmouth and the Superintendent.

e. By June 1st, the building principal will meet with NEA Portsmouth to discuss the Administrative Duties for the following school year. When, in the best interest of students, administrative duties may be re-assigned by mutual agreement between the NEAP and the Administration.

f. During the 2022-2023 school year, the Portsmouth High School Administration and the Deputy Superintendent will work with the School Improvement Team to design a new high school schedule that meets all Rhode Island Department of Education secondary regulations and required instructional minutes for students. Additionally, the schedule will ensure that high school teachers are instructing students for an amount of time that is equitable to their elementary and middle school colleagues on a daily basis. The Superintendent shall have final approval of this schedule. This schedule shall supersede all other items in Article IX, Section B, number 4 a. through d. beginning in the 2023-2024 school year.

Special Education Teachers

The School Department will make eve1y effort to place special educators in their preferred grade level or content area.

The School Department will make every effort to see that no class shall consist of more than fifty (50) percent of students with IEPs.

Section C Length of School Year

1. The work year for a regular classroom teacher shall not exceed one hundred eighty (180) instructional school days, not counting those days set aside for orientation.

2. All teachers may be called upon for one (1) day of orientation. One (1) extra day may be required for new teachers in the system.

3. Consenting teachers may agree to work if requested beyond the one hundred eighty (180) day period at 1/180th of their base salary per day.

4. The Administration may require all teachers to work additional hours/days beyond the traditional one hundred eighty-one (181) day school year as outlined below. The Administration will seek the input of NEA Portsmouth in the scheduling of these additional hours/days.

a. Eighteen (18) hours mandatory, non-instructional, and part of the base salary shall be scheduled as follows:

i. Six (6) hours of which shall be designated as parent/teacher conferences for teachers from Pre-K to grade 12 and designated for Senior Project for teachers from grade 9-12 for as long as Senior Projects are in effect
ii. Six (6) hours shall be used for early release time scheduled in the district calendar.
iii Six (6) hours shall be used for additional parent/teacher conferences for Pre-K to grade 4 . Six (6) hours shall be used by grades 5-12 for /department/faculty meetings.

All dates must be set by the second week of September and communicated accordingly to the faculty.

b. Up to twenty-four (24) hours mandatory, non-instructional, and compensated at the hourly rate shall be scheduled when the scheool calender is setup up to four (4) additional six (6) hour days. Said days shall be scheduled as full Professional Development days and will be part of the school calendar provided such days shall be contiguous or during the regular school year and not fall on weekends or holidays.

c. Teachers will receive an agenda of the mandatory faculty meetings at least twenty-four (24) hours prior to each meeting. Teachers may suggest format and contents for these meetings.

d. Teachers unable to attend the required additional time may be excused by the building principal. According to the level described below, School Counselors will work additional days beyond the school year. These days shall be paid at a rate of 11180th of their base sala1y and the scheduling of these days shall be agreed upon by the Principal and Counselor. Up to one additional day can be added for each Counselor upon mutual agreement with the Principal and approval of the Superintendent or designee:

a. High School- 6 days to be split 3 before the start of the school year and 3 after.

b. Middle School - 4 days to be split 2 before the start of the school year and 2 after.

c. Elementary School - 2 days to be split 1 before the start of the school year and l after.

Section D Secretarial Assistance

A teacher shall have secretarial assistance when available upon request for work relating to the educational functioning of the teacher. The allocation of the secretaries is at the discretion of the principals.

Section E Payroll Deductions and NEA Portsmouth Dues

1. Membership in any employee organization may be determined by each individual employee. Members of the Union shall pay dues, fees and assessments as determined by the Union.

2. The Committee shall make available uniform dues deductions for the National Education Association of Portsmouth (NEAP), the National Education Association of Rhode Island (NEARI) and the National Education Association (NEA) upon written request of the individual member. Requests for dues deductions shall be made on the form mutually agreed upon by the Committee and the Association. Such deductions shall be made in equal installments over a maximum period of fifteen (15) consecutive checks. Deductions shall commence not later than the second pay period in November.

3. Deductions shall also be made for contributions to both the NEAP Political Action Committee (NEAP-PAC) and Scholarship Fund upon written request of the individual member. Requests for these deductions shall be made on forms mutually agreed upon by the Committee and the Association. Such deductions shall be discontinued for any school year only if written notice to do so is given the Committee by the teacher not later than August 15th prior to the commencement of such school year.

4. The Committee recognizes the Union’s ability to increase dues, fees and assessments lawfully and in accordance with its Constitution and By-Laws, and upon written representation by the Union that dues, fees and assessments have been lawfully increased and in accordance with its Constitution and By-Laws, the Employer agrees to adjust the amount of deduction accordingly, provided that such an adjustment is consistent with the authorization of the employee that is required by law.

5. The Committee shall give written notice to the Treasurer and President of the Union of all new employees within the bargaining unit who become eligible for membership in the local. Said notice shall be given monthly and shall include employee’s name, address and date of hire. Said notice of new employees can be given to the Treasurer and President by providing them the School Committee agenda and minutes and by copying the President on letters of appointment.

6. The Committee will discontinue such deductions if notified by the Association in writing. In the event the Committee receives such notification by an employee, it shall notify the Association. The Association is fully responsible for any objection by an employee regarding their dues, fees and assessments deductions.

7. The Association shall indemnify and save the Committee harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the Employer in reliance upon the Union’s representation that its dues, fees and assessments have been lawfully increased and in accordance with the

Union’s Constitution and By-Laws or for the purpose of complying with any provision of this Article.

8. Upon request by the President of the Association, the Committee agrees that it shall forward to the Association the list of bargaining unit members for the local Association.

9. NEAP/NEARI shall provide to the Committee a complete list of present employees signed by NEAP/NEARI who wish to continue to authorize the deduction of dues. For any employee hired after July 1, 2018, NEAP/NEARI shall provide to the Committee a document signed by the employee authorizing the dues deduction. At any time, if the Committee questions the authorization for dues deduction for the employee, NEANK/ NEARI shall provide to the Committee an authorization signed by that employee.

10. All monies collected under this Section shall be transmitted to the National Education Association of Portsmouth on a biweekly basis.

Section F School Calendar

In view of the fact that NEA Portsmouth has a natural interest in the school calendar, it should be aware of what is taking place in its preparation; and for that reason, the NEA Portsmouth President shall be consulted. However, the final authority in setting the school calendar is to remain with the Superintendent and the School Committee.

Section G Substitute Teachers

1. The School Committee will make every effort to hire a substitute teacher for every teacher absence.

2. The Superintendent may, when notified that an absence will be for a period longer than ten
(10) days, hire a substitute at the per diem rate of $150 per day, exclusive of any other benefits contained in this Agreement.

Section H Teacher Certification

It shall be the responsibility of the individual teacher to secure the necessary credentials and make the necessary arrangements for certification as prescribed by state law.Any teacher who allows their certification to lapse shall be removed from the classroom and shall forfeit any salary under this Agreement until reinstatement by the Rhode Island Department of Education and in accordance with all other provisions of this Agreement.

Acceptable professional development shall mirror the RIDE regulations regarding; 1.8.5 Professional Learning Units (PLUs), Section E. Activities for Professional Learning Units.

Section I Performance-Based Dismissal, Layoff, Recall, and Displacement

1. The Committee acknowledges the distinction between a Performance Based Dismissal and a layoff for non-performance reasons.

2. Performance Based Dismissal. A teacher dismissed/terminated/or non-renewed for performance shall be notified accordingly, and shall be furnished with a complete statement of the cause(s) for the dismissal by the governing body of the school. Such dismissal shall be consistent with the requirements of the Rhode Island General Laws.

a. Teachers dismissed/terminated/or non-renewed for job performance reasons may within the fifteen (15) days of written notice of said dismissal/termination/non- renewal, file notice of appeal pursuant to R.I.G.L. §§16-13-2 or 16-13-3.

3. Reduction In Force or Layoff. A reduction in force or layoff is an act by the Committee compelled by reasons (such as a fiscal deficit, school reorganization, program elimination, or reduction in student enrollment) unrelated to job performance which results in the layoff of a teacher who, but for the occurrence of said reason, would have been retained.

a. In order to retain a trained and effective staff it is the intention of the Committee to restore a RIF’ed teacher to his or her position at the soonest time practicable after the reason for the layoff ceases to exist provided the position remains available.

b. The layoff/recall protocol shall not apply to any teacher dismissed for performance reasons (as provided above).

4. Displacement. A displacement is an act by the Committee compelled by reasons (such as a fiscal deficit, school reorganization, program elimination, or reduction in student enrollment) unrelated to job performance, wherein the teacher is retained, although his/her position has been eliminated.

a. A displaced teacher shall be permitted to participate in the Job Assignment Process.

5. Reductions in Force shall be by seniority, commencing with the most junior teacher within the area for which the teacher to be laid off/RIFed holds certification.

a. Recalls: Teachers shall be recalled by. seniority within the affected area of certification (that is, in the inverse order of layoff) to the positions from which they were RIF’ed provided the position remains available

b. Where a teacher cannot be recalled to her/his position, the RIF’ed teacher shall be recalled to the Job Assignment Process if qualified (as defined below).

i. Where a teacher cannot be recalled to her/his position and the teacher is not qualified (as defined below), the RIF’ed teacher shall be placed by the Superintendent following the Job Assignment Process, provided there remains an existing open position. Such placement shall take place before external candidates are placed.

c. Should the abolished position be restored prior to the start of the next school year, the teacher previously occupying the position shall have the right of first refusal to return to the restored position.

Section J Seniority in the Portsmouth School System

1. Seniority in the Portsmouth School System shall use the following criteria applied in the following order to determine rank:

a. Start of teaching employment on a continuing full time basis;

b. Start of teaching employment on a continuing part time basis;

c. Former employment as a teacher in Portsmouth;

d. Long term/daily substituting - total number of days;

e. Former employment in a non-certified position in the school department; and

f. Date of appointment.

2. If rank cannot be determined after applying the above mentioned criteria, a lottery will be used to break a tie. The lottery will be conducted by the Administration with all parties invited to attend, as well as the President of NEA Portsmouth or her/his designee. In no event will the lottery be conducted without representation from NEA Portsmouth.

3. A Seniority List will be compiled on a yearly basis. The Superintendent will submit a draft to the President of NEA Portsmouth by November 1st of each school year. NEA Portsmouth’s Executive Board will verify the draft and submit disputes for resolution to the Superintendent and the President of NEA. Any questions or corrections on the Seniority List will be brought back to the Superintendent on the first school day after the holiday break.

4. The Seniority List becomes official and may not be challenged ten (10) days after its submission to administration. In any given year, only newly hired first year teachers may question their position on the seniority list. The Superintendent will give certified staff members an official copy of the final seniority list attached to posting for the first job fair being held. Any dispute regarding a teacher’s position on the seniority list which cannot be resolved informally will be subject to the grievance procedure.

5. A teacher whose contract has been non-renewed (based on budgetary constraints) and who has not been recalled within a two (2) year period shall lose all seniority rights and be dropped from the seniority and recall lists be: A teacher who refuses to accept recall to a position within his/her certification(s) shall be removed from the seniority and recall lists. However, a teacher shall not forfeit seniority standing by refusing to accept a position of lesser or greater employment.

6. Teachers hired for part time and/or temporaty positions will be subject to the following:

a. Part-time teachers who are employed for less than one hundred and thirty-five (135) full days shall not be placed on the seniority list or have recall rights. If part time teachers are rehired, then their time in service shall be cumulative. Upon attainment of one hundred and thirty-five (135) full days, they shall be placed on the Seniority List as of the one hundred and thirty fifth (135th) day and henceforth be given all rights of recall.

b. Teachers who are emergency ce1tified shall not accrue seniority rights in the Portsmouth School Department and shall not have rights of recall.

c. Teachers hired for a one (1) year appointment will not be placed on the Seniority List and shall not have rights of recall. Teachers rehired for a subsequent year into a one (1) year appointment will accrue seniority according to Article IX, J, 1, c.

Section K Displacements and Relocations

1. Teachers shall be consulted regarding any changes in their programs and schedules, including the schools to which they will be assigned, the grades and/or subjects they will teach and any special or unusual classes or assignments that they will have. These assignments and relocations will not be arbitrary and the administration must give a reason for any assignment or relocation.

2. The Administration will make its best effort to notify the NEAP and affected teachers of all displacements prior to the first Job Assignment Process

3. The Superintendent shall have authority to involuntarily transfer a teacher for good and just cause.

Notice of involuntary transfer will be provided by June 1st if possible. Where notification occurs after July 15th, a support plan will be developed to assist the teacher in the transfer.

Section L Job Assignment Process

1. The Job Assignment process is the mechanism by which vacant positions (as defined herein) shall be awarded. Depending upon the number of positions, the process may be completed in one setting or more.

2. All vacant positions (as defined below) shall be posted and made available at the Job Assignment Process.

a. Vacant Positions are (1) those positions newly created by the Committee, and (2) those positions the Committee chooses to maintain resulting from any of the following events:

1) Retirement
2) Resignation
3) Discharge
4) Promotion
5) Death
6) Second Year Leave of Absence,
7) Successful Transfer (including in the Job Assignment Process), or,
8) A position which opens as the result of a layoff and to which the incumbent has not been recalled.
9) A promotional position does not constitute a vacant position.
10) Any part-time position that is made full time must be considered a new position and, therefore, a vacancy. Filling this vacancy should not prevent a layoff from being rescinded nor displace a teacher.

3. Teachers will be given the opportunity to complete an annual Job Preference Sheet to express interest in transferring within the school system. Open positions shall be filled by seniority within the following order

a. Job Preference Sheet
b. Displaced teachers
c. Recall from reduction in force or layoff

4. For positions where there is no RIDE certification, preference will be given to teacher with experience in the position, those having completed course work or certificate work related to the position, and according to seniority.

5. In order to be considered for transfer, teachers:

a. Must have been rated either effective or highly effective on their most recent evaluation.

b. Must be tenured in the Portsmouth School Department

c. Cannot be on a corrective action plan

d. Must possess the appropriate certification

i. A change in certification shall require an interview with the superintendent and/or principal before a decision is made whether or not the applicant should be in the Job Assignment Pool;

ii. A change in certification begins a new evaluation cycle in accordance with R.I.G.L. § 16-12-11

6. The Job preference sheet will be reviewed and mutually agreed upon by the Superintendent and NEA Portsmouth on an annual basis to be distributed on or before April 15th.

7. Job Preference Sheets are due by May 1st on an annual basis and may not be amended by the teacher until the following May 1st

8. All positions vacated before August 1st will be posted and the Job Assignment Process will be followed.

9. In the event that the administration fails to complete the evaluation of a teacher in any given year, such will not prejudice the teacher’s recall rights and he/she shall be presumed for that year to have been rated “effective or better” exclusively for the purpose of recall or for job transfer. This presumption shall not apply in cases of termination for job performance. However, in the event that the evaluation is not completed by the administration due to failure to cooperate, unjustified or unapproved absences, etc. on the part of the teacher, then this paragraph and presumption shall not apply.

10. The Superintendent, after meeting with the Union, may waive any of the above factors if he/she concludes that a teacher will be more effective in a new assignment. The Superintendent shall indicate her/his reasons in writing with specificity for waiving any requirement and shall provide the explanation to the Union.

11. Any teacher not meeting the above criteria shall be permitted to participate in the Job Assignment Process provided they receive authorization of the Superintendent in writing.

12. No teacher may take a position in the Job Assignment Process if it results in the layoff of a displaced teacher or in blocking the recall of a teacher on layoff.

13. In the event that the RIDE evaluation system is eliminated, replaced, or modified in such a way that is substantively impacts the utilization of the tool as outlined herein, the parties agree to reopen negotiations to address the impact. Substantive changes include,

but are not limited to, the elimination of the domains utilized herein, a change to the criteria of the domains, or a change in the ratings used in the RIDE evaluation model

14. One Year Leave of Absence:

a. A one (1) year leave of absence will be filled with a one (1) year only (OYO) appointment as long as the opening occurs prior to January 1. The OYO appointment will be included in the bargaining unit and receive the benefits of the contract.

b. The position that a teacher left to take the one (1) year only appointment is no longer hers/his, and that vacated position will be entered on the Job Preference Sheet as a vacancy.

c. The teacher going on leave comes back to the same position at the end of the first year unless s/he was notified that the position will no longer exist. A teacher so notified becomes a displaced teacher. The teacher who filled the temporary position will be either displaced or laid off according to the process defined in Article IX Section L.

d. If the teacher on leave does not come back at the end of the first year, the position is declared vacant and entered into the Job Assignment Process

15. Second Year Leave of Absence:

a. The teacher returning from leave after the second year is guaranteed a job unless laid off based on seniority and appropriate certification.

b. The teacher returning must bid on a position in the Job Assignment Process by filling out the Job Preference Sheet according to the dates in Section L above. Failure to fill out the Job Preference Sheet will result in placement by the Superintendent according to certification and seniority.

16. One/Two Year Medical Leave (paid/unpaid)

a. All one (1) year medical leaves will be evaluated by the Superintendent to determine if the request falls under the criteria of this section.

b. The position is entered into the Job Assignment Process with the understanding that the position is a temporary one (1) year position.

c. The position that a teacher left to take the temporary position is no longer hers/his, it becomes a vacancy and is entered into the Job Assignment Process.

d. The teacher going on a one-year medical leave comes back to the same position unless s/he was notified that the position will no longer exist. A teacher so notified becomes a displaced teacher or laid off according to the process defined in Article IX Section L. The teacher from NEA Portsmouth who filled the temporary position will be either displaced or laid off according to the process defined in Article IX Section L.

e. If the teacher on a one (1) year medical leave terminates her/his employment, the position is declared vacant and is entered into the Job Assignment Process.

f. If the teacher on a one (1) year medical leave is granted additional years of medical leave, the teacher from NEA Portsmouth who filled the temporary position may continue in that position until the teacher on the medical leave comes back (the concept of Letter d above applies) or terminates her/his employment (concept of Letter e above applies). Upon return from the two (2) year medical leave, the teacher will return to his/her same position. If the teacher returns after three (3) or more years, the teacher is guaranteed a position in his/her area of certification, but not necessarily the same position.

ARTICLE X GENERAL PROVISIONS

Section A Teacher's Personnel File

1. Upon request by individual teachers, teachers shall be given access to their School Department file.

2. No material, excluding references and information obtained in the process of evaluating the teacher for employment, shall be placed in the files unless the teacher has had an opportunity to read and initial the material. Such signature does not necessarily indicate agreement with its content.

3. Teachers have the right to attach comments to any material placed in their file.

4. Upon receipt of a written request, teachers shall be furnished a reproduction of any material in their file, excluding references and information obtained in the process of evaluating the teacher for employment.

5. Access will be available only in the presence of a representative of the Superintendent's Office.

6. Any written complaints regarding a teacher made to the administration by any parent, student, or person will be promptly called to the teacher's attention.

Section B Rights of Representative Organization

1. NEA Portsmouth representatives shall be allowed release time without loss of salary for negotiation sessions or grievance hearings conducted during the school day, upon the call of the administration.

2. NEA Portsmouth representatives shall be granted leaves of absence for full-time service to educational organizations without loss of tenure or loss of increment(s), upon recommendation of the Superintendent and approval of the School Committee.

3. The NEAP president, or designee, shall be allowed up to (5) release days to attend to state or national business of the National Education Association.

Section C Teacher Evaluation

1. The Rhode Island Model Teacher Evaluation and Support System (RIMTESS) will be the model used to evaluate teachers in the Portsmouth School Department. All observations and monitoring of the work performance of a teacher shall be conducted openly and with full knowledge of the teacher by the primary evaluator who shall be a Portsmouth School District certified school-based or district administrator formally trained in the Rhode Island Model Teacher Evaluation & Support System. These individuals in addition to Department Heads and Special Ed. Coordinators may also serve as complementary evaluators as determined appropriate by the Superintendent. One announced and one unannounced observation must be done solely by the primary evaluator. Department Heads and Special Education Coordinators may perform one unannounced. All non-tenured teachers and teachers on an improvement plan shall have the principal/administrator as their sole evaluator. All state and local decisions regarding the RIMTESS will be clearly detailed and widely disseminated.

2. The Employee Performance Improvement Plan shall be consistent with the RIMTESS. A Performance Improvement Plan shall provide extensive support for teachers who are not meeting expectations. The implementation of such a plan is a responsibility laid upon the principal and/or supervisory staff by the District Evaluation Committee and the Superintendent in order to help in the professional growth and competence of the teacher involved. This action, when necessary, must not be interpreted as discipline or reprimand. Teachers shall respond in a positive manner to the Performance Improvement Plan. The District evaluation committee agrees to fully fund any training or materials specified in a performance improvement plan.

a. A Performance Improvement Plan may be utilized at any time during the school year but under normal circumstances, teachers on track to receive a final effectiveness rating of ineffective must be placed on a performance improvement plan by the mid-year conference. Teachers rated ‘developing’ at the conclusion of the school year will be placed on a performance improvement plan commencing the following academic year. The primary evaluator and teacher shall meet to discuss areas of performance to be addressed by the plan. The primary evaluator and teacher will mutually develop the improvement plan. The teacher may select an ‘effective’ or ‘highly effective’ peer to participate in the development and implementation of the improvement plan. An NEA Portsmouth Representative will be included in the Performance Improvement Team.

b. All teachers on Performance Improvement Plans will complete self-assessments.

3. Before any changes are made in the Portsmouth implementation of the RIMTESS evaluation instrument, the Association shall be consulted and shall assist in any revisions of the present system or in the preparation of a new instrument. The Committee and the Association agree that any changes in the evaluation instrument shall be mutually agreeable, unless mandated by the RI Dept. of Education.

4. Evaluators

a. The teacher’s primary and any potential complementary evaluator(s) will be determined and disseminated within the first ten (10) days of school. The complementary evaluator may be included at any time in the evaluation process.

b. Teachers may request a different evaluator at the beginning of the school year. Teachers may also request the complementary evaluator at any point during the school year. Requests will be made to the Superintendent through the Building Principal and must include the reason(s) for such request. The denial of said request by the Superintendent shall not be arbitrary or capricious.

c. No teacher will be observed for evaluation purposes except by a Portsmouth School District certified school-based or district administrator District-approved evaluator who has successfully completed the RIMTESS evaluation training. All complimentary evaluators must have successfully completed the RIMTESS evaluation training.

5. District Evaluation Committee

a. A District Evaluation Committee of up to twelve members, consisting of administrators and faculty, shall be appointed by mutual agreement of the Superintendent and the President of NEA Portsmouth.

b. The District Evaluation Committee shall meet quarterly.

6. Evaluation Process

Teachers may choose either the Embedded Practice or the Student Learning Goals models based on the “Guidance on Student Learning Options in the Portsmouth School District” in Appendix B.

a. Pre-observation and post-observation conferences may be requested by the observer or the teacher.

b. Department Heads, Coordinators and System-wide Supervisors may only observe teachers under their direct supervision.

c. Announced observations will be scheduled at a mutually agreeable time and date by the primary observer and the observed teacher. The primary observer may specify the context of the observation (for example, period 4 math class). For announced observations only, teachers shall submit a completed lesson plan on the standard lesson plan template at least three (3) days prior to the scheduled observation.

d. The primary evaluator may require up to one (1) additional announced observation for non-tenured teachers, and may conduct up to two (2) additional unannounced observations of non-tenured teachers, or those teachers rated as Developing or Ineffective on their most recent Summative Evaluation.

e. Written feedback specifically aligned to the Rhode Island Model Teacher Evaluation System shall be provided to teachers within seven (7) school days of any unannounced or announced observation.

f. Beginning of Year, Mid-Year, and End of Year conferences shall be scheduled at a mutually agreed upon time by the primary evaluator.

g. Pre-approved, School-Wide Professional Goals shall be available for teachers at each school, aligned to school and/or District priorities and the school administrator(s)’ professional goals on or before Orientation Day. Flexibility shall be afforded to teachers who may desire or require an alternate professional goal.

h. Self-Assessments shall be optional for teachers, except for those teachers on improvement plans.

i. The primary evaluator shall consider all available documentation to produce a Summative Evaluation draft that is forwarded by the teacher at least five (5) working days prior to a scheduled end of year Summative Evaluation conference. Teachers shall have the option of introducing additional reasonable evidence to refute an individual rating on the draft, and the primary evaluator shall consider such evidence and adjust ratings as appropriate.

j. The Evaluation Timeline will be set by the second full week of school and will be mutually agreed upon by NEA Portsmouth and the Superintendent or Assistant

Superintendent, taking into consideration the school calendar, RIDE timelines, and RI laws governing notification for non-tenured teachers or for teachers who may be released due to performance reasons. NEA Portsmouth teachers will be notified of the timeline within one business day from the day it is set. Only in the case of school cancellations due to weather or other factors beyond the control of PSD, the calendar may be changed when mutually agreed upon by NEA Portsmouth and the Superintendent or Deputy Superintendent.

Effective Schedule Effective 2021-2022
Year 1 2022-2023
Year 2 2023-2024
Next Evaluation 2024-2025

Highly Effective Schedule Highly Effective 2021-2022
Year 1 2022-2023
Year 2 2023-2024
Year 3 2024-2025
Next Evaluation 2025-2026

7. Appeals

A teacher should first attempt to resolve the disputed matter with the evaluator within ten
(10) school days of receipt of the related evaluation document. If the teacher is not satisfied with the resolution, then an appeal can be submitted to the Deputy Superintendent. All such attempts shall be documented in writing and submitted to the Deputy Superintendent. The teacher, an NEA Portsmouth representative, and the Deputy Superintendent shall meet in an attempt to resolve the dispute. If there is a divided opinion or the teacher is not satisfied with the result of the appeal, he/she may file a grievance on the matter.

8. Complaint Procedures

No teacher shall be disciplined, reprimanded, reduced in rank or compensation without just cause. Any complaints regarding a teacher made to the Administration by anyone shall be handled discreetly. Only after careful investigation by the principal, and/or supervisor and a sifting out of what may be frivolous and gratuitous in order to determine if there is justification for a complaint, should the teacher be made aware of such a complaint. No disciplinary action may be taken by administration upon a teacher based solely on information obtained through an anonymous complaint.

9. Teacher Files

a. Upon request and with twenty-four (24) hours’ notice, teachers shall be given access to their personnel files, which are maintained both at the central administration and school building levels, excluding references and information regarding their initial employment in the Portsmouth School Department.

b. Teachers may have any person(s) of their choosing present when they inspect their files. No material derogatory to the teacher’s conduct, service, character or personality shall be placed in a teacher’s file unless the teacher is notified that such material has been or may be included in the file. A teacher shall have the right to respond in writing to any material filed, and such response shall be attached to the file material.

10. Corrective Action Plan

No teacher shall be placed on a Corrective Action Plan unless he/she receives a rating of:

a. Less than developing in the “Professional Practices” and “Professional Foundations” domains of the RIDE evaluation, or

b. Developing after having two successive ratings of effective or better.

c. Sections 4.a and 4.b, immediately above should not be interpreted to prohibit the Union and the Administration from mutually agreeing to place a teacher on a plan of assistance. Such a mutually agreed to plan of assistance would not preclude that teacher’s participation in the Job Assignment Process. Further, this provision and the limitations contained herein do not in any way prohibit the Superintendent and/or Committee from utilizing a Corrective Action Plan or similar tool with an employee or employees for disciplinary purposes when warranted (subject to the grievance process).

11. In the event that the RIDE evaluation system is eliminated, replaced, or modified in such a way that it substantively impacts the utilization of the tool as outlined herein, the parties agree to reopen negotiations to address the impact. Substantive changes include, but are not limited to, the elimination of the domains utilized herein, a change to the criteria of the domains, or a change in the ratings used in the RIDE evaluation model.

Section D Teacher on Special Assignment

Teacher on Special Assignment (TOSA) is the term used to describe a certified teacher who has been assigned to perform duties other than classroom instruction. The assignment may include, but not be limited to, working on special programs and/or curriculum development; However, TOSA assignments are not typically intended to provide or replace administrative judgment, direction, or oversight. A TOSA opportunity provides exposure to unique program responsibility and development potentially enhancing an educator's career through preparation for an administrative program. Further, as a teacher is a valuable and scarce resource, TOSA assignments must focus on the effective instruction of students and must be cautiously, wisely, and prudently used. The selection of a TOSA will be determined by the Superintendent, the NEA Portsmouth President shall be consulted. However, the final authority in selecting a teacher to serve as a TOSA shall remain with the Superintendent. In most cases a TOSA position will only be 1 school year or at a minimum 1 semester in length. Any teacher selected as a TOSA will be entitled to return to his/her original assignment/placement.

Section E Non Discrimination

1. All assignments shall be made on the basis of qualifications, provided, however, that when two (2) or more teachers are equally qualified, seniority in the Portsmouth School System shall control.

2. All assignments shall be made in compliance with all non-discriminatory laws, rules, ordinances, and regulations established by the School Committee, Town of Portsmouth, State of Rhode Island, and United States Federal Government.

Section F Management Rights

There is reserved exclusively to the School Committee all responsibilities, powers, rights, and authority expressly vested in it by the laws and constitutions of Rhode Island and of the United States. It is agreed that the School Committee retains the right to establish and enforce reasonable rules and policies which are not inconsistent with this Agreement.

Section G No Strike Clause

NEA Portsmouth agrees that during the term of this Agreement, it will not condone or participate in a strike against the School Committee.

Section H Mentoring

NEA Portsmouth and the Portsmouth School Committee recognize the school department’s responsibility to provide a mentoring program to enhance the performance of newly hired teachers and teachers moving to new positions. Any changes to the existing mentoring program must be mutually agreeable.

Section I Flex Time

Implementation of Flex Time schedules must be mutually agreeable by the Administration and NEA Portsmouth.

Section J Electronic Notice

Whenever this contract requires either party to notify the other party in writing, the notice provision shall be presumed to be satisfied by the use of electronic notice in lieu of certified mail or other mailing. This provision for alternate notice shall apply to all provisions of this contract, including but not limited to the grievance procedure.

ARTICLE XI MEETINGS

The NEA Portsmouth and the School Committee recognize that after-school meetings are necessary and essential to the efficient operation of the school department.

Section A Open House

1. Teachers shall be required to attend one (1) annual Open House meeting.

2. The duration of the Open House shall not exceed two (2) hours.

3. Teachers unable to attend the required open house may be excused by the building principal.

Section B Faculty Meetings

1. All faculty members assigned to the building and those who are considered itinerant who are unable to attend faculty meetings must inform their supervisor or principal that they are unable to attend, if so required.

2. Teachers shall receive an agenda of the faculty meetings at least twenty-four (24) hours prior to each meeting, except in cases of emergency. Teachers may suggest format and contents for these meetings.

3. An emergency (voluntary) faculty meeting may be called by the superintendent or his/her designee and shall be uncompensated.

Section C Crisis Management Plan

Teachers shall participate in the Crisis Management. Plan when possible.

ARTICLE XII RETIREMENT

Section A Health Insurance

1. Effective October 1, 2013, a teacher who notifies the Superintendent of their irrevocable retirement between January 1st and June 30th to be effective as of the last day of the current school year and who has been employed by the Portsmouth School Department for at least 15 years and has reached the retirement date determined by the Employees Retirement System of Rhode Island (ERSRI) or older at the time of retirement shall be eligible to receive six (6) years of individual health coverage provided by the School Department. The School Department and the retiree shall share the cost of purchasing the individual health insurance coverage. For each of the six years of post-employment coverage, the School Department shall pay an amount equal to that year’s individual health coverage premium less the co-share percentage in effect at the time that the teacher retires. For each of the six years of post-employment coverage, the teacher shall pay an amount equal to that year’s individual health care coverage premium multiplied by the co-share percentage in effect on the date of their retirement.

2. Any teacher that is eligible for post-retirement health coverage as described in number 1 above may elect to decline such coverage and receive a one-time cash incentive bonus of
$3,500. Once health coverage is declined by the retiree, School Department provided health coverage is no longer available to the retiree post retirement other than as described in number 5 below.

3. If a retired teacher becomes eligible for health care coverage from another employer during the six-year post-employment benefit period, then coverage through the department shall end and the teacher shall not be eligible for further health care coverage through the School Department. Retired teachers will be required to certify each year whether or not they are eligible for coverage through a new employer.

4. Notwithstanding the above, any retired teacher receiving post-retirement health care coverage who becomes eligible for Medicare during the six-year post-retirement benefit period shall cease to be eligible for health care coverage through the School Department. Their health coverage through the School Department shall end on the last day of the month prior to the month in which they become eligible for Medicare. The School Department shall not be responsible for providing any further health care coverage during the post- retirement period for retirees eligible for Medicare.

5. A retired teacher eligible for post-retirement health coverage as described in 1. above and who’s six-year post-retirement benefit period has ended prior to them becoming eligible for Medicare shall be permitted to purchase individual health care coverage through the School Department at group rates in effect at that time. The retired teacher shall be responsible for the entire cost of any individual health coverage purchased and the School Department shall not be responsible for paying for any portion of said coverage. Any retired teacher who becomes eligible for Medicare will no longer be eligible to purchase health coverage through the School Department and any coverage then in effect will end as of the last day of the month prior to the month in which they become eligible for Medicare.

Section B Unused Sick Days

1. A teacher who retires and will be paid for all unused sick days at the rate of thirty-five (35) dollars/day according to the following options:

a. 175 days; or

b. any days beyond 170

Sick days may accrue to one hundred seventy (170) days for the purposes of sick leave; additional days may accrue for purposes of severance at retirement, up to the cap of $11,000. Teachers retiring may be paid for either option.

2. The total amount of payment for unused sick leave shall not exceed eleven thousand ($11,000) dollars.

Section C Early Notification Incentive

1. Eligibility

Any teacher in the Portsmouth School Department who wishes to take a one-time advantage of the Early Retirement Incentive Plan may do so provided the following are satisfied:

a. The teacher has been employed by the Portsmouth School Department for a minimum of fifteen (15) years and is at least ERSRI age eligible years.

b. The teacher has met all the requirements of the Retirement System of Rhode Island and is eligible to begin collecting retirement benefits under the plan as of her/his retirement date.

c. The teacher must notify the Superintendent of Schools, in writing, not later than February 1st of the school year of retirement. This letter of resignation for the purpose of retirement must contain an irrevocable resignation effective the last day of school. The letter of resignation for the purpose of retirement cannot be rescinded except in case of an extreme emergency as determined by the Superintendent.

d. Any teacher granted disability income through the Rhode Island Teachers' Retirement System and otherwise eligible for this incentive shall have the February 1st date waived.

e. The early retirement incentive shall not be included when calculating pensionable income.

2. Benefits

a. A five thousand ($5,000) dollar cash incentive bonus, payable on or before July 5th of the calendar year of retirement.

ARTICLE XIII SEVERABILITY

Should any part of this Contract be ruled invalid by court decision, all other parts remain in effect.

ARTICLE XIV AMENDMENT

1. If any provision of this Agreement is or shall at any time be contrary to law or Rhode Island State Department of Education regulations, then such provision shall not be applicable or performed or enforced, except to the extent permitted by law.

2. In the event that. any provision of this Agreement is or shall at. any time be contrary to law, all other provisions of this Agreement shall continue in effect.

3. There will be no waiver or modification of any of the Agreements, terms, or provisions contained in this Agreement by any teacher with the School Committee.

4. The terms and conditions of this Agreement shall not be modified, amended or altered in any way unless made in writing and signed by both parties.

5. The rights and benefits of teachers provided in this Agreement are in addition to those provided by the Town of Portsmouth, State of Rhode Island, and Federal Law, rules, ordinances or regulations.

ARTICLE XV DURATION

1. This Agreement shall be effective as of September 1, 2022, and shall remain in full force and effect and shall bind and inure to the benefit of the parties hereto and their successors to and including August 31, 2025.

2. IN WITNESS WHEREOF, each of the parties hereunto has caused these presents to be executed by its proper officer, hereunto duly authorized and signed this            day of   , 20222.

PORTSMOUTH SCHOOL COMMITTEE

NEA PORTSMOUTH

APPENDIX A SUMMARY OF BENEFITS

(see pdf)

APPENDIX B GUIDANCE ON STUDENT LEARIG OPTIONS IN THE PORTSMOUTH SCHOOL DISTRICT

Student Learning is an important component of the RI Model for Educator Evaluation. Student Learning measures the impact of teachers and building administrators on student learning through demonstrated progress toward academic goals. The Student Learning process is student-centered and curriculum-focused. It recognizes the impact teachers have in their classrooms and that building administrators have in their schools; is based on research; and, supports best-practices like prioritizing the most important learning standards, implementing curriculum, and planning assessments. Teachers should, whenever possible, work collaboratively with grade, subject area, or course colleagues, to develop their Student Learning targets. (Student Learning Guidebook - http://www.ride.ri.gov/Portals/0/Uploads/Documents/T_Measures_of_SL_Guidebook_7.31.18.pdf)

For the purpose of Student Learning, primary evaluators must verify that all required components, including quality of evidence, have been met before approving targets. At least one evidence source should meet the definition for a high quality assessment as set forth in the RI Model Evaluation & Support System – Guidance, Edition IV. The primary evaluator makes the final determination for approval of Student Learning targets. The table below provides guidance for the selection of evidence sources to be used for Student Learning:

STAR (a Renaissance™ product) is a computer-adaptive assessment tool that provides valid and reliable screening data for students in the areas of reading, math, and early literacy. In the Portsmouth School District all students in grades K-11 are screened three times per year (fall, winter, spring) in reading or early literacy while all students in grades 1-11 are screened three times per year (fall, winter, spring) in math. Teachers should set SLO targets in collaboration with their primary evaluator.

When appropriate and available teachers who are developing Student Learning Objectives (see chart below) should use STAR data as the primary evidence. STAR data may be used in conjunction with other data sources if approved by the primary evaluator. SLO targets should reflect course and grade-level standards and be tailored to the specific students on each educator’s caseload. Setting tiered targets to reflect differentiated expectations for different levels of student learning is recommended. The expectation is that all students should make academic gains by the end of the school year regardless of where they start.

Teachers approved to participate in the Embedded Practice Student Learning Model (see chart below) will work with their primary evaluator to follow the guidelines for that model regarding the use of evidence sources. STAR data may be used as a data source in the Embedded Practice model. (Embedded Practice Model - http://www.ride.ri.gov/Portals/0/Uploads/Documents/Teachers-and-Administrators-Excellent- Educators/Educator-Evaluation/StudentLearning/EmbeddedPracticeNarrativeScenario.pdf)