CAPE ELIZABETH EDUCATION ASSOCIATION/MEA/NEA Bargaining Unit Agreement (September 1, 2020 to August 31, 2023)
PREAMBLE
The Board and the Association recognize the importance of collaborative relationships in a vibrant, dynamic, and preeminent school system. In pursuit of this goal, team leaders, department chairs and teachers will be afforded the opportunity to provide input into professional development planning and curriculum development, provided that final authority over such matters is reserved to the school board and its agents.
ARTICLE I DEFINITIONS
As used in this Agreement, the following terms shall have the meanings set forth below unless specifically otherwise provided.
1-1 "Administrator" - Superintendent, Principal, Assistant Principal, or Special Education Director.
1-2 "Agreement" - The collective bargaining agreement between the Cape Elizabeth School Board and the Cape Elizabeth Education Association/MEA/NEA for the period September 1st through August 31st , for the years 2017-2020, which shall include all appendices, side letters, and all other documents attached thereto which shall be incorporated therein.
1-3 "Assistant Principal" - Assistant Principal of the Pond Cove School, Middle School, or the High School.
1-4 "Association" - The Cape Elizabeth Education Association/MEA/NEA.
1-5 "Board" - The School Board of the Town of Cape Elizabeth, Maine.
1-6 "Day" - Calendar day unless otherwise specifically defined.
1-7 "Immediate Family" - Father, mother, brother, sister, husband, wife, son or daughter.
1-8 "Per Diem" - The rate of pay equivalent to 1/n of the annual teaching salary, where "n" equals the total number of school days in the School Calendar.
1-9 "Principal" - Principal of the Pond Cove School, Middle School or the High School.
1-10 "School" - Any school administered by the Board.
1-11 "School Calendar" - The calendar adopted by the Board for the school year.
1-12 "School Department" - The School Department of the Town of Cape Elizabeth.
1-13 "School Year" - The period of time established by the Board pursuant to statute.
1-14 "Superintendent" - The Superintendent of Schools for the Town of Cape Elizabeth, Maine.
1-15 "Teacher" - Any member of the bargaining unit as defined in Article II, Recognition.
1-16 “Days Worked” for each of the years of the contract will be 183 days.
ARTICLE II RECOGNITION
2-1 Pursuant to Maine Revised Statutes, Title 26, Chapter 9-A, the Board recognizes the Association as the exclusive collective bargaining agent for the bargain¬ing unit composed of all certified and licensed professional employees in the Cape Elizabeth schools who have been employed for six months or more, provided that the term "employees" as used herein shall not include Superintendent, Principals, Assistant Principals, Director of Instructional Support, Educational Technicians, and Athletic Administrator. However, during the initial six months of the employment of any certified and licensed professional employee as defined in this paragraph, they shall not be paid a salary higher than such employee would be paid if that employee were employed under the provisions of Article VI of this Agreement.
2-2 The Board hereby reaffirms recognition of the Association and agrees that where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than 90 nor less than 60 days prior to the expiration date of the agreement. All rights and privileges granted to the Association under the terms and provisions of this Agreement are for the exclusive use of the Association.
2-3 Non-Discrimination The Board and the Association agree not to discriminate on the basis of race, color, religion, physical or mental disability, gender, marital status, sexual orientation, national origin or age.
ARTICLE III PROCEDURE FOR NEGOTIATION OF SUCCESSOR AGREEMENT
3-1 Initiating Negotiations
3-1-1 Any tentative agreement reached by the negotiators named by the parties shall be reduced to writing, initialed by the negotiators, and submitted to the Board and the Association for final ratification. Any agreement so negotiated and ratified shall be signed by the Board and the Association, whereupon it shall be binding upon all parties.
3-2 Conducting Negotiations
3-2-1 As of the time they are made available to the Board, the Board will provide the Association with a Superintendent's proposed budget for the next fiscal year, as well as available preliminary budgetary information and proposals affecting teachers' salaries, wages, hours, and conditions of employment.
3-2-2 Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations.
3-2-3 If negotiations are scheduled during the school day, the negotiators shall be released from their regular duties without loss of pay or leave.
3-2-4 Negotiations shall be conducted in executive sessions unless both parties agree to conduct negotiations in open sessions.
3-3 Impasse Procedures
3-3-1 In case of impasse the procedures specified in the Maine Public Employees Labor Relations Law will be followed: Section 965; paragraph 2, Mediation; paragraph 3, Fact-finding; paragraph 4, Arbitration; paragraph 5, Costs.
3-4 The Superintendent and the Association President (or designee) shall schedule and hold monthly labor/management meetings to discuss issues of mutual concern.
ARTICLE IV PROFESSIONAL GRIEVANCE PROCEDURE
4-1 Definition
4-1-1 A grievance shall mean a dispute as to the meaning or application of any of the provisions of this Agreement.
4-2 Procedure
4-2-1 Level One
In the event that a teacher and/or the Association believe there is a basis for a grievance, they, or either of them, shall first discuss the situation with the department head, principal or other appropriate administrator, in an effort to resolve the issue. The teacher may be accompanied by a representative of the Association, and the principal may be accompanied by a representative of the Superintendent.
4-2-2 Level Two
If a resolution is not achieved at Level One, a formal written grievance may be presented, signed by the grievant and the organization representative; provided that such formal written grievance shall be presented within twenty (20) days after the event giving rise to the grievance becomes known to the Association or the grieving teacher. The grievance shall be presented to the principal, or, if the grievance involves more than one school building, to the Superintendent.
4-2-2-1 Within five (5) days after receipt of the written grievance, the Principal or other appropriate administrator shall meet with the grievant in an effort to resolve the grievance. Within seven (7) days after this meeting, a written decision shall be presented to the grievant with a copy to the Association.
4-2-3 Level Three
If the grievance is not resolved at Level Two, the grievant may present the grievance in writing to the Superintendent within five (5) days after receipt of the decision. Within five (5) days after receipt of the grievance, the Superintendent shall meet with the grievant in an effort to resolve the grievance.
Within seven (7) days after the meeting, a written decision shall be presented to the grievant with a copy to the Association.
4-2-4 Level Four
If the grievance is not resolved at Level Three, the grievant may present the grievance in writing to the school board within ten (10) days after receipt of the decision. Within 15 days the school board shall meet with the grievant in an effort to resolve the grievance.
Within 10 days after the meeting, a written decision shall be presented to the grievant with a copy to the Association.
4-2-5 Level Five
If the grievance is not resolved at Level Three, the grievant may request the Association to submit the matter to arbitration. If the Association determines the grievance to be meritorious and so recommends to its membership, the Association may within ten (10) days after receipt of the decision at Level Three, submit the grievance to arbitration by requesting the American Arbitration Association to utilize its procedures for the selection of an impartial arbitrator. Nothing in the foregoing is meant to prevent the Board and the Association from agreeing on some other competent agency or individual to conduct the arbitration. The award of the arbitrator shall be final and binding on both parties, in matters related to the meaning or application of this Agreement.
4-2-5-1 The cost for the services of the arbitrator shall be shared equally by the parties involved.
4-2-5-2 The Superintendent shall be notified three (3) days in advance of names of teachers who shall be in attendance at any arbitration hearing.
4-3 Miscellaneous
The grievant may be accompanied by the Association at any meeting under this Article. No adjustment shall take place contrary to this Agreement without the mutual consent of the Board and the Association.
4-3-1 The time limits provided in this procedure shall be strictly observed but may be extended by a written mutual agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limit might result in hardship on any party, both parties shall use their best efforts to process the grievance prior to the end of the school term or as soon as possible thereafter.
4-3-2 "Days" as used in this Article shall mean pupil attendance days and teacher days as adopted by the Board, except that for grievances presented but not resolved prior to the end of the school year, days shall mean regular week days, Monday through Friday (excluding legal holidays) when the School Department is open for business.
4-3-3 Meetings on grievances shall not be open to the public.
ARTICLE V SPECIAL DISCIPLINARY PROCEDURE
5-1 No teacher on continuing contract shall be non-renewed without just cause.
5-2 No teacher shall be disciplined, reprimanded, or reduced in rank or compensation without just cause.
5-3 Any action under this Article shall be subject to the Professional Grievance Procedure set forth in Article IV of this Agreement to the extent that such procedure is applicable and not modified herein. By filing a grievance, the teacher and the Association waive any other judicial or administrative remedy which may be available for violation of this agreement, except for claims based on state or federal statutes. If the decision of the Board is supported by substantial evidence, then the decision of the Board shall be sustained. If the decision of the Board is not supported by substantial evidence, then the decision of the Board may be overruled. Any judicial review of the arbitrator's decision shall be in accordance with the provisions of the Uniform Arbitration Act, 14 M.R.S.A. §§ 5927, et seq.
5-4 The provisions of this Article do not apply to dismissal of teachers or to the termination of a teacher's contract when changes in local conditions warrant the elimination of a teaching position, the parties' rights and responsibilities in such matters being governed by statute.
5-5 The provisions of this Article do not apply to the non-renewal of Athletic, Co-Curricular Activity or Co-Curricular Administrative Fee positions, all of which are annual appointments.
ARTICLE VI SALARIES
6-1 The salaries for all teachers employed as of the execution date of this Agreement are set forth in Appendix A attached hereto and incorporated herein by reference.
6-1-1 The Board shall have the option to “buy back” up to two building professional growth days per Article 11-6 during the term of the agreement in whole day increments and for a full school year. If the Board should choose to “buy back” a building professional growth day or days, the base Salary shall be increased by one-half of one percent (0.5%) for each such day in the year in which the option is exercised.
6-1-2 In order to be placed on the BA+30 level a teacher must have completed 30 credits in addition to a bachelor’s degree, or shall have the option to be placed on the BA+30 level by completing a 30-credit, planned program of coursework/learning institutes (of which no more than 15 credits shall be required to be earned through graduate level coursework) that was pre-approved by the Superintendent and reviewed by the President of the CEEA by January 1, 2023.
6-1-3 Teachers at the top of the salary scale with 10 or more years’ experience teaching in the Cape Elizabeth School District will be paid 1% of the base salary in addition to their annual wage.
6-2 Salaries shall be paid in 26 equal installments.
6-3 Per Diem Pay
6-3-1 In addition to the salary provided in this Article, a teacher assigned as a Guidance Teacher or a Librarian shall receive the per diem rate of pay for those days worked prior to and following the expiration of the school year, as required and authorized by the Superintendent.
6-3-2 In addition to the salary provided in this Article, a teacher shall receive the per diem rate of pay for those days worked prior to the commencement of and following the expiration of the school year to the extent such work is required and authorized by the Superintendent. Any time worked under this provision that is less than a normal work day shall be paid on a prorated basis.
6-4 School Improvement Honorarium
6-4-1 An educator shall be paid for voluntary work associated with school improvement and any other work authorized by the Superintendent. It is understood that this is for work accomplished following the expiration of the school year and prior to the commencement of the following year or during school vacation periods, e.g. December, February, April, and any other time approved by the Superintendent. The compensation for this work shall be at the following hourly rates (based on the BA base rate):
| 2020-2021 |
2021-2022 | 2022-2023 |
| $36.48 | $37.30 | $38.14 |
6-5 Teachers who anticipate a change in status for the coming school year shall complete the “Change of Status Form” referenced in Appendix C. This form must be submitted no later than February 1st and the change in status will be effective the following school year.
ARTICLE VII ATHLETIC STIPEND SCHEDULE
7-1 Stipends shall be paid for those coaching positions approved and filled by the Board as athletic stipend positions in accordance with the schedule in Appendix B1. The Board reserves the right to fill or not to fill any stipend position(s). Coaches with 10 or more years of experience in the school district shall be paid at 1.1 times the salary listed in Appendix B1.
7-2 In the event that a season is extended due to playoffs, coaches will be compensated at the following hourly rates for the additional required hours as determined by the Athletic Director:
| 2020-2021 | 2021-2022 | 2022-2023 |
| $18.50 | $19.00 | $19.50 |
ARTICLE VIII CO-CURRICULAR ACTIVITY STIPEND SCHEDULE
8-1 Stipends shall be paid for those positions approved and filled by the Board as non-athletic stipend positions in accordance with the schedule in Appendix B2. The Board reserves the right to fill or not to fill any fee position(s).
ARTICLE IX CO-CURRICULAR ADMINISTRATIVE STIPEND SCHEDULE
9-1 Stipends shall be paid for those positions approved and filled by the Board as non-athletic stipend positions in accordance with the schedule in Appendix B3.
9-2 The Board retains the right to fill or not fill any stipend position(s).
9-3 The extracurricular compensation schedules for Athletics, Co-Curricular, and Administrative stipended positions listed in Appendix B can be changed at any time during the term of this Agreement upon the mutual consent of the Board’s and the Association’s designees.
9-4 A Stipend Review Committee, comprised of an equal number of Board and Association appointed representatives, will meet annually to review new proposals for stipended positions and to review changes in existing positions. The committee will make recommendations to the Board’s and the Association’s designees for final approval. The Committee shall be comprised of the District Superintendent of Schools and/or designee, representatives of the Association, the Athletic Director (for Appendices B-1 and B-2), and the school Principals/designees.
ARTICLE X SICK LEAVE
10-1 Each teacher shall be entitled to sick leave with full pay for personal illness, disability or accident up to fifteen (15) school days in each year. When the effective date of appointment of a teacher is before the beginning of the second semester of any year, they will be given credit for the full annual sick leave allowance. When the effective date of appointment of a teacher is on or after the beginning of the second semester, the teacher will be given credit for 7 ½ days sick leave allowance. Unused sick leave shall be accumulated from year to year up to 135 days.
10-2 Sick Leave Bank
10-2-1 The purpose of the sick leave bank is to provide income protection for members who, because of prolonged illness, have exhausted their accumulated sick leave benefits and are unable to return to work.
10-2-2 The bank will be administrated by a continuing committee composed of the Superintendent, the Business Manager, President of Association, and two (2) members designated by the Association. A majority vote of the committee shall be required for any days to be granted. The committee shall report to the Board, the Association and the employees annually, indicating the use of the sick leave bank. A decision to deny a request for sick leave bank days is not arbitrable.
10-2-3 Any teacher who has not elected to join the sick leave bank will be able to join the bank during the open enrollment period in May for the following school year and must contribute one (1) sick leave day. Any newly hired teacher shall be provided the opportunity to become a member of the sick leave bank and must contribute one (1) sick leave day. The maximum amount of sick leave bank days shall accumulate to a maximum of 650 days. Any unused days shall be carried forward to the next year. When the bank drops below sixty (60) days, all members of the sick leave bank shall be assessed one (1) day from their sick leave balance
10-2-4 Any eligible part-time employee may make a pro rata deposit of sick leave days to the bank and, if a request is granted, shall receive pro rata benefits
10-2-5 To qualify for sick leave from the sick leave bank, an employee must have:
10-2-5-1 Used all of their personal sick leave.
10-2-5-2 Waited a period of five (5) days. If granted, the approval shall be retroactive to the first day requested.
10-2-5-3 Provided a doctor’s certification when requested regarding their illness as a prerequisite to withdraw from the bank.
10-2-6 Members withdrawing sick leave days from the bank will not have to replace these days, except as a regular contributing member of the bank.
10-2-7 Sick leave days contributed to the bank may not be withdrawn if the member, at a later date, leaves the employ of the Board.
10-2-8 Upon application and approval, a member may draw a maximum of thirty (30) days from the sick leave bank per request. A member may apply for additional days from the sick leave bank up to a maximum of thirty (30) additional days per request.
10-3 In the event of absence of a teacher for illness, disability or accident in excess of five consecutive school days, the Superintendent may require the teacher to submit to a medical examination by the school physician attesting to the teacher’s ability to return to work. Examination by the school physician or by any physician to which the teacher is referred by the school physician shall be at the Board’s expense. The teacher shall provide a report of any examination to the Superintendent.
10-4 In case of injury covered under the Maine Workers’ Compensation Act, a teacher will receive from the teacher’s accumulated sick leave the difference between the amount of the teacher’s regular net pay and the amount received as workers’ compensation. The difference shall be charged on a pro rata basis to the teacher’s accumulated sick leave and shall cease when the teacher’s sick leave is exhausted. A teacher shall refund to the Board any payments received in excess of those permitted herein.
10-5 Parental Leave: Leave for Care of a newborn, Adopted Child, or Foster Child
A teacher may use accumulated sick leave as outlined in paragraph 10-1 of Article X) or available Special Leave (as outlined in paragraph 11-1-3 of Article XI) to care for a newborn child’s birth, adoption, or fostering, provided the child is less than five years old. This would be in addition to sick leave that a parent who gives birth may require for their recovery period. If applicable, this benefit shall run concurrent with available state and/or federal family and medical leave (FMLA).
10-6 Parental Leave Bank
10-6-1 In the event that a teacher has exhausted either their accumulated personal sick days (as outlined in paragraph 10-1) or their family illness days (as outlined in paragraph 11-1-3) they may draw additional days from the parental leave bank for their own personal illness or for caring for a sick child.
10-6-2 To qualify for use of the parental leave bank an employee must:
- Be a member of the parental leave bank;
- Have used all of their personal sick leave or family illness days, as applicable; and
- Within the last year: have given birth to a child, have a spouse who gave birth to a child, or have adopted or fostered a child.
10-6-3 Members of the bank will be able to draw up to a total of five (5) days from the bank in a school year as long as they meet the condition specified above in 10-6-2. Advanced approval will not be required.
10-6-4 The bank will be administered by a continuing committee composed of the Superintendent, the Business Manager, President of the Association, and two (2) members designated by the Association. Decisions made by the committee regarding the use of or administration of the bank will be made by a majority vote of the committee. The committee shall report to the Board, the Association, and the employees annually, indicating the use of the parental leave bank. A decision to deny a request for leave from the bank is not arbitrable.
10-6-5 Any teacher who has not elected to join the Parental Leave bank will be able to join the bank during the open enrollment period in May for the following school year and must contribute one (1) sick leave day. Any newly hired teacher shall be provided the opportunity to become a member of the Parental Leave bank and must contribute one (1) sick leave day. The maximum accumulation of days in the bank will be 240 days. Any unused days shall be carried forward to the next year. When the number of days in the bank drops below thirty (30) days all members of the bank shall be assessed one day from their sick leave balance.
ARTICLE XI SPECIAL LEAVE
11-1 Teachers shall be granted the following special leaves with pay during each school year upon written application to the principal:
11-1-1 Five (5) days in each event of death in the teacher’s immediate family.
11-1-2 Three (3) days, cumulative, for death(s) of other family relations.
11-1-3 Six (6) days for the purpose of caring for ill member(s) of the teacher’s immediate family, provided that if a teacher uses more than four (4) days of leave under this subsection, 11-1-3, such additional days shall be deducted from sick leave. Note: Under this provision, leave may be granted to a teacher for the purposes of caring for a spouse or domestic partner who has given birth to a newborn.
11-1-4 Leave provision (as described in 11-1-3) may be granted to a teacher for the purpose of caring for a new adoptive child.
11-1-5 Two days for personal business requiring absence from school. Leaves requested under this section during the opening three (3) days (Orientation Day included) or closing three (3) days of the school year, or the days immediately preceding or following a holiday, will be granted only in unusual circumstances. One of these days may be used for travel before and after a vacation with limitations. The limitations shall be determined by the Superintendent, whose decision is final. Any request to use a personal business day to extend a vacation must be made in writing to the Superintendent, who may grant a very limited number per year. Up to two (2) days of unused personal leave may be carried over to the next year but may not result in any more than four (4) days in the aggregate.
11-1-6 The time necessary for appearances in any legal proceeding connected with the teacher’s employment or with the school system or in any other legal proceedings if the teacher is required by law to attend. Any payments received by a teacher for attendance at any such proceed¬ing shall be transmitted to the Board, except that a teacher shall not be required to transmit to the Board any payments received for travel.
11-2 No leaves with pay except those specified elsewhere in Article XI shall be granted except on written application 15 days prior to the leave and written approval from the Superintendent.
11-3 No leaves without pay shall be granted except on written application 15 days prior to the leave and written approval from the Superintendent.
11-4 All leaves granted under the provisions of this Article will be in units of full days or half days.
11-5 Written application for leave under Sections 11-2 and 11-3 shall state the dates, reasons, and educational benefit, if applicable, for leave.
11-6 Building Professional Growth Days
Three professional development days, not indicated on the school calendar are designated for flexible scheduling. The 6.5 (six and one-half) hour days include 3 days for building level work as agreed upon by a majority of the teachers and administrators.
ARTICLE XII EXTENDED LEAVES OF ABSENCE
12-1 The Board agrees that up to two (2) teachers designated by the Association will, upon request, be granted a leave of absence for up to two (2) years, without pay, for the purpose of engaging in Association (local, state, national) activities. Upon return from such leave, a teacher will be considered as if they were actively employed by the School Board during the leave and will be placed on the salary schedule at the level they would have achieved if they had not been absent.
12-2 Peace Corps leave will be granted, without pay, to any teacher who enlists for a period not to exceed two (2) years. Peace Corps leave is for one (1) year at a time and the teacher must renew their leave for an additional year.
12-3 Military Leave
12-3-1 Emergency military leave as provided by Maine statutes will be granted, without pay, to any teacher who is inducted or enlists in active military services in time of war or other emergency declared by the proper authority of the State or of the United States. Upon return from such leave, a teacher will be placed on the salary schedule at the level which they would have achieved if they had not taken such leave. Military leave is for one year at a time and the teacher must renew their leave each year thereafter for the duration of the period of such war or other emergency.
12-3-2 Teachers who are members of the National Guard or other authorized state military or naval forces, and those teachers who are members of the Army, Air Force, Marine, Coast Guard or Naval Reserve shall be entitled to a leave of absence from their respective duties, without net loss of income during periods of annual training not to exceed seventeen (17) calendar days in any calendar year specified under the National Defense Act or Armed Forces Reserve Act of 1952, provided that such teachers shall have made every reasonable effort to perform such annual training during the period when school is not in session.
12-4 A leave of absence of up to one (1) year, without pay or increment, will be granted for the purpose of caring for a sick member of the teacher’s immediate family and such leave may be extended for one (1) year.
12-5 Any teacher whose personal illness extends beyond accumulated sick leave will be granted a leave of absence of up to one (1) year without pay or increment, and such leave may be extended for one (1) year. Request for such leave must be accompanied by a statement from a regularly licensed physician that such leave is necessary. Upon return from such leave, a teacher will be assigned to the same position, if available, or, if not, to a substantially equivalent position.
12-6 A teacher has the right to become a candidate for public office and to serve in such elective office unless there is a specific legal prohibition. Regularly appointed teachers who have completed at least three continuous years of service will be granted a leave of absence without pay in order to run for, or serve in, public office.
12-7 Any teacher on a continuing contract may be granted, at the sole discretion of the Board, leave for any reason for a period up to one year without pay or increment. Such leave may be extended for a period up to one year without pay or increment.
12-8 A leave of absence of up to one (1) year, without pay or increment, will be granted to a teacher following birth of the teacher’s child or following adoption by the teacher of a child less than six (6) years of age, provided that such leave shall terminate not later than one year following the birth or adoption of the child.
12-9 Unless otherwise indicated in this Article, all extended leaves of absence shall be subject to the following conditions:
12-9-1 Such leaves shall be applied for and granted or denied in writing.
12-9-2 In the case of a teacher who commences such leave while on a probationary contract, the period of leave shall not be considered in computing the teacher’s probationary period, and, upon the return of the teacher from such leave, the probationary contract of the teacher shall be extended for a period of time equal to the period of time remaining on the teacher’s contract at the commencement of such leave.
12-9-3 Teachers shall notify the Board within a reasonable length of time before the end of such leave whether or not they will return on schedule to active employment, provided that teachers whose leave is for a period in excess of seven (7) months and is scheduled to terminate on August 31st shall notify the School Board no later than the preceding February 1st whether or not they wish to return to active employment. The contract of a teacher who fails to notify the Board as provided above, may be terminated or not be renewed, it being agreed by the parties to this Agreement that such failure alone shall constitute sufficient, valid and just reason and cause for termination or non-renewal.
12-9-4 Such leaves shall terminate on the last day of the Second Term or on the last day of the Fourth Term as set forth in the School Calendar.
ARTICLE XIII SABBATICAL LEAVE
13-1 When a fully certified teacher shall have completed not less than seven (7) years of full-time service in Cape Elizabeth schools, and meets the following requirements, they shall be eligible for sabbatical leave for one academic year or two (2) consecutive school terms at one-half of their last scheduled salary paid in biweekly equal installments. This leave must be spent in further study, travel, research or other approvable activity which will be judged beneficial to the teacher and to the school system.
13-2 No more than four (4) teachers and no more than a total of eight (8) terms may be approved for this leave in any one academic year. Notice of intent must be filed with the Superintendent of Schools on or before October 1st in the academic year prior to the year for which leave is requested. Prior to final approval, the teacher must accept an obligation to return to their position, or an alternative position, in the Cape Elizabeth Schools for at least two (2) years. Final approval of application must be made by a screening committee composed of the teacher's principal, their elementary supervisor or department head, the Superintendent of Schools and a member of the School Board to be appointed by the Board. The selected teacher and the Superintendent shall meet to agree upon the specific terms governing the sabbatical leave and said agreement is subject to Board approval. The specific terms as approved by the Board shall be reduced to writing and signed by the Board Chair and the teacher. The Sabbatical Application Form and Guidelines, listed in Appendix C, shall be used to fulfill the requirements of Article XIII and can be found on the District website or requested from the School Department Central Office.
13-3 To facilitate timely recruitment of a suitable replacement teacher, candidates must notify the Superintendent of Schools in writing of their acceptance of the terms of the Sabbatical Leave no later than March 15th of the academic year prior to the year for which leave is requested.
13-4 Candidates shall be entitled to payments for medical insurance, dental insurance and group life insurance pursuant to Sections 15-1, 15-2, and 15-3 of this Agreement but the accumulation of sick leave is not earnable during the Sabbatical Leave. Experience equivalent to the length of the leave will be credited upon completion of the program.
13-5 The payment for each nine (9) credits earned pursuant to Section 15-4 of this Agreement is not applicable to Sabbatical Leave study.
13-6 Failure to complete the planned program for any reason may invalidate the agreement subject to review of the School Board.
ARTICLE XIV RETIREMENT PAY
14-1.1.1 Upon retirement after no less than ten consecutive years of teaching in the Cape Elizabeth Schools, a full-time teacher shall receive a single, one-time payment equal to (a). The teacher may elect to have part of this payment calculated as in (b) for the purpose of Retirement calculations, but the total payment will not exceed the amount in (a).
(a) An amount equal to the number of years' service as a teacher in Cape Elizabeth multiplied by two (2) percent of the salary rate for a starting teacher with a B.A. degree effective during the last year of service.
(b) An amount equal to the teacher's daily rate of pay during the last year of service multiplied by the number of days of sick leave the teacher has accrued, up to a maximum of 30 days.
(c) For any teacher who works at least fifty percent (50%) of a regular teacher’s work year but less than full time and who meets the time in service requirements set forth in section 14-1 above shall receive this retirement stipend on a prorated basis. The proration shall be determined by averaging the part time teacher’s work years during the required ten (10) year period. For example, if the average for the 10-year period is 65%, the part-time teacher will receive the above benefit at the 65% level.
14-2 Notification of retirement plans must be given to the Superintendent not later than February 15th in the year in which the teacher retires. The Board may grant a waiver to this deadline upon receipt of a written request. This retirement payment will be made to the teacher not later than the first paycheck after July 1st.
14-3 Failure to give timely notice of retirement plans may result in lack of funds for retirement benefit and payment may be delayed.
14-4 The term "retirement" in this Article shall mean termination of employment for employees who meet the Maine Public Employees Retirement System (MainePERS) requirements for retirement.
ARTICLE XV OTHER BENEFITS
15-1 Health Insurance and Cash-in-lieu
15-1-1 Health Insurance:
The Board agrees to pay up to the following amounts each school year towards the cost of a health insurance plan or plans, based upon an employee's eligibility:
| 2020-2021 | 2021-2022 | 2022-2023 |
| 86% | 86% | 86% |
of the current year’s rates of the MEABT Choice Plus plan or plan with substantially equal coverage to the MEABT Choice Plus plan.
It is understood by both parties that the Board reserves the right to select the insurer as long as substantially equal coverage to the MEABT plans is provided.
If the Board contemplates a change in the health insurance carrier, the Association will be notified and provided with any available information related to the change in possession of the Board. Mature consideration will be given to the Association’s input before a decision to change the carrier is made.
15-1-2 Cash in lieu of health insurance: A teacher may voluntarily elect no coverage or to withdraw from their existing Cape Elizabeth School Department health insurance coverage at any time and receive an annual payment equal to 85% of the current Maine Education Association Benefits Trust Choice + Plan for single employee contract year remaining, provided the teacher supplies proof of health insurance coverage elsewhere.
The payment in lieu of health insurance will be distributed over the teacher’s contract period in regular paychecks and not as a one-time distribution. The payment is subject to employment and income tax withholdings but does not qualify for MainePERS. The teacher must notify the district in writing of their intent to decline the district health coverage each year.
If the teacher desires to reinstate the coverage during the contract year due to a qualifying life event, the payment will be terminated as of the first month of health coverage. Qualifying life events are determined by the health insurance provider and the Internal Revenue Code. Eligibility requirements for health insurance are subject to the applicable health insurance policy.
15-2 The Board agrees to pay up to but not more than $250 per school year toward the cost of a group dental plan consisting of the MSMA Dental Plans, provided that the Board reserves the right to institute a new program of insurance providing benefits substantially equal to or superior to those referred to herein. Entitlement applies to those belonging to the Cape Elizabeth group.
15-3 The Board shall pay the premium towards one times the basic earnings of the employee up to $10,000 of the Maine Public Employees Retirement Group Life and Accidental Death and Dismemberment Insurance to which the employee is entitled.
15-4 Course Reimbursement
A. The Board agrees to reimburse any teacher for the cost of course work that is associated with teacher professional growth and approved in advance by the Superintendent. Reimbursement will be provided for tuition, texts and all fees up to the total cost per credit hour for tuition and generally applicable fees at the University of Maine at Orono rate plus 20%. These costs will be determined at the time of participation and shall be approved by the Superintendent.
B. Anticipated use of this benefit shall be communicated in writing by the teacher to the Superintendent prior to February 1st preceding the use of this benefit. Requests submitted after the February 1st deadline will be considered for reimbursement in the year the course is taken, but reimbursement may be deferred to the fiscal year after the year in which the course is taken.
C. Reimbursement shall not be made for any courses taken during the summer recess if the teacher resigns from employment prior to or within ninety (90) work days of the immediate school year.
D. The maximum number of credit hours to be reimbursed in any year shall not exceed nine (9) credit hours. The Superintendent is authorized to review course reimbursement requests that are above the 9-credit limit on a case by case basis. In all situations, the decision of the Superintendent is final and is not subject to the grievance procedure. Additional reimbursement in a given year is intended for, but is not limited to the following reasons: (1) financial need; (2) planned program requirements.
15-4-1 Third Party Billing
A. As an alternative to the above reimbursement procedure, the Board shall provide any teacher who complies with the above approval procedures for course reimbursement the option of receiving an educational loan or advancement to any accredited college or university for a direct advance payment ("third party billing"). The Superintendent shall make arrangements at the employee's request with any accredited college or university for a procedure for third-party billing for the educational loan or advancement, provided a third-party billing option is available. Third party billing is not allowable for the payment of any courses exceeding nine (9) credit hours per school year.
B. In the event that any employee who has used this advance payment procedure fails to successfully complete the course(s) or to provide written verification of successful completion within sixty (60) days from the ending date of the course, the employee shall reimburse the Board the amount of payment made on behalf of the employee. Unless other written repayment arrangements are made with the Superintendent, any reimbursement owed to the Board by the employee shall be made by payroll deductions in six (6) consecutive payments. Full payment may be made to the business office at any time.
C. Should the employee cease employment with the Board, the amount remaining due shall be paid in full from the employee's final pay.
D. The employee must sign the educational loan/advancement (payroll deduction) form referenced in Appendix C prior to the implementation of direct third-party billing by the School Department Central Office.
15-5 Dues Deduction - The Board agrees to deduct from the teachers' salaries money for local, state and national education Association membership dues upon written authorization of the teacher, in twenty-six equal installments. The deductions shall continue from year to year unless the teacher gives written notice to the Superintendent and the Association during the first two weeks of September of the given year of membership termination. The effective date for termination of the deduction shall be the first payday after September 1st. The Association shall indemnify and save the Board harmless against all claims and deductions of said dues and remitting the same pursuant to this Article.
15-5-1 Faculty Association:
(a) To be responsible for all phases of enrollment that includes receipt, distribution, processing and return of MEA applications to Augusta.
(b) To establish a biweekly deduction amount that prevails at the same rate for all members for 26 paydays. The biweekly deduction shall always be divisible by 10 to avoid fractional cent problems in accounting.
(c) To notify the Superintendent annually, prior to August 1st, of the biweekly deduction amount for the next school year.
(d) To provide the Superintendent with either a completed copy of the enrollment blank or an alphabetical listing for all members requiring payroll deductions, prior to the last Friday in September. This cut-off date will allow for enrollment of new teachers as well as re-enrollment of present staff. It should be noted that the second paycheck of the year will have a double deduction for dues to make up for the missed deduction on the first September paycheck. The remaining 24 paychecks will reflect a constant dues deduction.
(e) To be responsible for refunding over collection or collection of under deductions for dues to and/or from members of the Association.
15-5-2 Superintendent's Office:
(a) To establish a deduction account for dues in the amount prescribed by the Association for each participating member of the Association.
(b) To remit to the Treasurer of the Association a check for the total of monthly deductions. This check will be issued the first week following the month of deductions. Accompanying the check will be a copy of the biweekly computer payroll deduction register showing the name of each member and the amount deducted from his/her check.
(c) To accelerate deductions for dues in the case of teachers receiving a terminal check when separated prior to the end of the school year in order to ensure deduction of the balance of dues owed.
(d) To include in the standard payroll deduction authorization form, issued to each teacher, a check-off space authorizing the Superintendent to deduct biweekly dues.
15-6 National Board Certification
15-6-1 Candidates for National Board Certification will apply for outside funding if available. The District will reimburse all other approved out-of-pocket expenses associated with the application. The District will only fund three (3) applications per year. Additional applications will be considered by the Superintendent provided the Superintendent determines that additional funds are available. The maximum total reimbursement amount will not exceed $2800 (including grant money). The District will recognize a National Board Certified teacher with an annual stipend (to be paid at the end of the school year) in the amount of: $1000.00.
15-7-1 Effective September 1, 2008, all teachers shall have their payroll compensation directly deposited to the bank or financial institution of their choice, unless they have requested and received an exception in writing from the Business Manager.
15-7-2 At such time that electronic direct deposit records become available, those records shall be provided to employees via their district-provided e-mail account.
15-8 Section 125 Plan
15-8-1 The School Board will offer a Section 125 premium-offset plan which would provide a tax-sheltered opportunity for employees to pay for health and dental insurance premiums.
15-8-2 The School Board will offer as benefits under the Section 125 Plan through a party chosen by the Board, a Medical Care Reimbursement Plan and a Dependent Care Reimbursement Plan. The per account/per month administrative fee(s) shall be paid by the individual participant utilizing one or both of the separate benefit plans under the Cafeteria Plan.
15-9-2 Building administrators will ensure that all teachers shall have a minimum of twenty-five (25) minutes free from duty for lunch unless under extraordinary circumstances.
ARTICLE XVI CONTRACT NOTIFICATION
16-1 All continuing contract teachers shall be notified of their teaching contract status for the next school year no later than March 1st. All probationary teachers shall be notified of their teaching contract status for the next school year not later than May 14th.
16-2 All teachers shall be notified of their contract status as follows:
| Co-Curricular Activities - All: June 30th |
| Athletic Activities - Fall: June 30th |
| Athletic Activities - Winter/Spring: October 15th |
(Notification with respect to the Athletic Fee Schedule in Article VII constitutes an intention or an indication that in the event these positions are to be filled, the particular teacher so notified will be assigned to the position, if the particular teacher desires it.)
16-3 The Board and the Association agree that the Board at its sole discretion may lengthen the school day or the school year. However, the Board shall provide written notice to the Association prior to lengthening of the school day or school year and shall consider any information provided to the Board on a timely basis by the Association.
ARTICLE XVII VACANCIES AND TRANSFERS
17-1 Position vacancy announcements will be posted on the school website and distributed via email to all staff. Position announcements will include the due date for application submittals, which will allow a minimum of five (5) days for internal postings and ten (10) days for external postings.
17-2 Teachers who desire a change in grade and/or subject assignment or building assignment shall file a written statement of request for the transfer and the reasons therefore with the Superintendent by February 1st. The failure to provide such a request by February 1 shall not exclude a teacher from consideration for any posted vacancy. Teachers who have submitted a request for transfer must still apply to be considered for an available vacancy.
17-3 In the determination of requests for voluntary reassignments and/or transfer, the application of the individual teacher will be considered, but the final decision shall remain with the Board and its agents.
17-4 The teacher whose request has been denied shall upon request be entitled to an informal conference with the Superintendent to discuss the reasons for the denial.
17-5 Prior to making any involuntary transfer the Superintendent or designee may consider whether there is an equally or more qualified volunteer available to fill said position.
17-6 The affected teacher will be provided the opportunity to meet with the principal and the appropriate team leader or department chair to be given an explanation and an opportunity to be heard. The affected teacher may also request a meeting with the Superintendent to discuss the proposed transfer.
17-7 In determining qualifications the Superintendent shall consider the needs of the system, but the final decision with respect to transfers shall remain with the Board and its agents.
17-8 Notice of an involuntary transfer shall be given to teachers as soon as practicable, and in all cases not less than two (2) weeks prior to the transfer.
17-9 Teachers with new assignments will be given preference for professional development and training to prepare for student needs.
ARTICLE XVIII ELIMINATION OF TEACHING POSITIONS
18-1 If the Board is contemplating the elimination of any bargaining unit positions, it (or its designee) will meet and consult with the Association upon request prior to a decision to eliminate any bargaining unit positions.
18-2 A decision by the Board to eliminate any bargaining unit position shall not be subject to the grievance procedure or arbitration unless arbitration is invoked to determine whether or not the Board has abided by the provisions of this Article.
18-3 In the event that the Board decides to eliminate any bargaining unit position, it shall give the Association prompt written notice of the positions to be eliminated.
18-4 In the event it becomes necessary for the Board to eliminate a teaching position at any time for any reason, the following procedure shall be utilized.
18-4-1 The teachers shall be divided into the following grade groupings and specialties (each hereinafter called a "cluster"):
1) K - 4
2) 5-8
3) 9-12 (science, mathematics, world language, English and social studies)
4) Special Education K-12
5) Physical Education/Health K-12
6) Art K-12
7) Music K-12
8) Speech K-12
9) Technology K-12
10) Nurse Educators K-12
11) Librarians K-12
12) Guidance K-12
14) World Language K-8
15) Occupational Therapists K-12
16) Physical Therapists K-12
18) Psychologists K-12
18-4-2 If the teaching position to be eliminated is in the 9-12 cluster, then all the positions within the department (i.e., science, mathematics, world language, English and social studies) wherein the particular position is to be eliminated are to be regarded as the impacted cluster.
18-4-3 Once the impact area is resolved, the least senior teacher in an impact area shall be laid off except the least senior teacher in an impact area may be retained and a more senior teacher laid off when the least senior teacher has more qualifications and more ability than a more senior teacher relative to the programs to be offered. Such a comparison shall be made in the inverse order of seniority. In such instance, the first teacher who has fewer qualifications and abilities than the least senior teacher shall be the teacher laid off.
18-4-3-1 Qualifications and abilities shall be determined by certification, training (non-degree study courses, workshops, etc.) which meets the program need in the impact area, advance degrees in the program need area, effectiveness rating, and experience including such factors as: skills, management ability, supervisory ability, interpersonal skills and organization. (The effectiveness ratings will only be used under this article for the purposes of layoff once the local evaluation system under Title 20A, Chapter 508 is fully implemented and all teachers in the impacted cluster have received an effectiveness rating.)
18-4-4 The application of abilities and qualifications referred to in 18-4-3-1 above, shall be determined by the Superintendent.
18-5 In any arbitration properly invoked in connection with this Article, the arbitrator shall not substitute their judgment for that of the Board, but shall be limited to determining only whether, on the evidence presented, a reasonable person could have come to the decision reached by the Board. The arbitrator shall have no authority to revoke or modify the decision of the Board unless the decision was clearly arbitrary and capricious.
18-6 It is understood that this Article relates only to termination of teachers’ contracts resulting from elimination of teaching positions and does not relate to or affect the Board’s statutory authority to dismiss teachers or not to renew teachers’ contracts.
18-7 A teacher who is to be laid off shall receive at least ninety (90) calendar days’ notice of layoff in writing. A copy of the notice of layoff shall be simultaneously sent to the Association.
18-8 A teacher who receives notice of a layoff shall be granted one (1) paid day leave of absence to apply and/or interview for other employment.
18-9 A teacher who has been laid off shall be eligible to continue in the Group F plan pursuant to COBRA regulations.
18-10 Recall
(a) A teacher with continuing contract status who is laid off shall be eligible for consideration for recall for two (2) years from the effective date of the teacher's layoff. A teacher eligible for recall consideration shall retain the right to reemployment in any available position within the teacher's impact area for which the teacher is qualified, pursuant to section 18-4-3-1 above, and interested, prior to the employment of new hires. If a teacher is offered reemployment in accordance with these terms and refuses, the teacher shall forfeit further eligibility for recall consideration. It shall be the responsibility of the teacher to keep the Superintendent notified of the teacher's current mailing address.
(b) All benefits to which a teacher was entitled at the time of layoff, including unused accumulated sick leave, accumulated seniority, and credits toward sabbatical eligibility, shall be restored upon return to active employment.
ARTICLE XIX SENIORITY
19-1 The Board shall maintain seniority lists for all teachers on continuing contract. The lists shall be updated on the 15th day of September; unless the Association shall advise the Superintendent of any error in the lists within 15 days after they have been established or updated or unless a Board approved teacher transfer within the system occurs in the school year, the lists shall be binding for the remainder of the contract year. Separate lists shall be maintained for teachers in the following grade groupings and specialties (each hereinafter called a "cluster"):
1) K-4
2) 5-8
3) 9-12 (science, mathematics, world language, English and social studies)
4) Special Education K-12
6) Physical Education/Health K-12
6) Art K-12 7) Music K-12
8) Speech K-12
9) Technology K-12
10) Nurse Educators K-12
11) Librarians K-12
12) Guidance K-12
14) World Language K-8
15) Occupational Therapists K-12
16) Physical Therapists K-12
19) Psychologists K-12
19-2 The teacher with the longest continuous service as a teacher in the Cape Elizabeth School System shall be the first on the list. Service shall be deemed to have commenced when the teacher signs their individual contract with the Cape Elizabeth School Department. Seniority shall not be broken by leaves taken under Article X, XI, XII or XIII of the Agreement. However, a teacher who commences a leave subsequent to September 1, 1981, pursuant to Article XII shall accrue no seniority for the duration of said leave. Seniority shall not be broken when an individual leaves the bargaining unit and is employed as an administrator within the Cape Elizabeth School Department, but such individual shall accrue no additional seniority during the period of time so employed.
19-3 In the event that two or more teachers commenced continuous service on the same date the following shall determine which is the most senior teacher:
(a) The greater number of years of professional teaching experience with the Cape Elizabeth and any other school system; if after the application of this criteria two teachers shall have equal seniority;
(b) The greater number of years of full-time work with the Cape Elizabeth School System.
19-4-1 A teacher who is transferred or retransferred from one cluster to another by the Board shall be inserted in the seniority list of the cluster to which the teacher was transferred with full recognition of the seniority previously attained and shall be removed from the list of the cluster from which the teacher was transferred.
19-4-2 A teacher who is transferred, assigned or volunteers to move out of a defined cluster into a specialist area in an undefined cluster shall, for a period of three (3) years, remain in the seniority list of their prior defined cluster with full recognition of the seniority attained. In the event of a reduction in force in the teacher’s undefined cluster, that teacher shall be permitted to bump back into their prior defined cluster for a period of three (3) years.
ARTICLE XX TEACHER EVALUATION POLICY
20-1 Teachers shall be evaluated by administrators designated by the Board as deemed necessary by the Board, in accordance with the Educator Performance Evaluation and Professional Growth System adopted March 10, 2020.
20-2 No evaluation shall be submitted to the central office, placed in the employee’s personnel file, or otherwise acted upon or without prior conference with the employee.
20-3 The employee shall have the right to submit a written response to their evaluation, which shall be attached to the evaluation and placed in their personnel file.
20-4 Any evaluation that is less than satisfactory will be accompanied by written, specific recommendations for improvement, with a commitment for direct assistance in implementing such recommendations.
ARTICLE XXI PERSONNEL FILE
21-1 The employer shall maintain, for official purposes, one (1) personnel file for each employee. This file shall be kept under conditions that ensure its integrity and safekeeping and shall contain copies of personnel forms, official correspondence to and/or from the employee, written evaluations and other appropriate material relating to the individual’s employment.
21-2 A teacher shall have the right, upon request, to review the contents of their personnel file except for any confidential material prohibited by law. A teacher is entitled to receive copies of such materials except those prohibited by law.
21-3 No material derogatory to a teacher’s conduct, service, character, or personality shall be placed in their personnel file until the teacher has had an opportunity to review the materials. The teacher shall acknowledge that they have had the opportunity to review such material by affixing their signature to the copy to be filed, with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher shall also have the right to submit a written response to such material which will then be attached to the file copy.
ARTICLE XXII EFFECTIVE DATES AND DURATION
22-1 This Agreement constitutes Board policy for the term of said Agreement and the Board and the Association will carry out the commitments contained herein and give them full force and effect.
22-2 No change, rescission, alteration or modification of this Agreement in whole or in part shall be valid unless the same is ratified by both the Board and the Association and endorsed in writing hereon.
22-3 This Agreement shall be governed and construed according to the Constitution and Laws of the State of Maine.
22-4 If any provision of this Agreement, or any application of this Agreement to any teacher covered hereby shall be found contrary to law, then such provision or application will be valid and subsisting only to the extent permitted by law, but all other provisions or applications of this Agreement shall continue in full force and effect.
22-5 Except as otherwise specifically provided in this Agreement, or otherwise specifically agreed to in writing between the parties, the determination of educational policy, the operation and management of the schools and the control, supervision and direction of the certified staff are vested exclusively in the Board.
22-6 This Agreement shall remain in full force and effect from September 1, 2020 to August 31, 2023, at which time it shall expire.
22-7 This Agreement constitutes the entire agreement between the parties for the term hereof as to all matters subject to collective bargaining, except upon mutual written agreement of the parties.
22-8 Compensation and benefits for teachers pursuant to the provisions of Articles VI, X, XI, XII, XIV, and XV will be prorated by the Board for teachers who are employed for less than full-time.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective presidents.
| Cape Elizabeth School Board [signature on file] | Cape Elizabeth Education Association [signature on file] | |
| 5/28/2020 | 5/20/2020 |