Winthrop Teachers' Assoc. (Educational Support Personnel) 2015-2018.PDF

Winthrop School Committee · from StateReference · 35 pages · 322 KB
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AN AGREEMENT 
between the 
WINTHROP SCHOOL COMMITTEE 
and the 
WINTHROP TEACHERS’ ASSOCIATION 
( Educational Support Personnel) 
Winthrop, Massachusetts 
2015-2018 
TABLE OF CONTENTS 
ARTICLE PAGE 
1 RECOGNITION 3 
2 SALARY 3 
3 GRIEVANCE PROCEDURE 4 
4 ARBITRATION 6 
5 RIGHTS OF THE COMMITTEE 7 
6 VACANCIES 8 
7 WORK YEAR AND WORKDAY 8 
8 SICK LEAVE 10 
9 TEMPORARY LEAVES OF ABSENCE 10 
10 FAMILY MEDICAL LEAVE 11 
11 ESP FACILITIES 13 
12 PROTECTION 13 
13 RETIREMENT 13 
14 INSURANCE 13 
15 EVALUATION 14 
16 GENERAL 15 
17 SEPARABILITY AND SAVINGS 15 
18 COURSE REIMBURSEMENT 16 
19 LAYOFF LANGUAGE/RIF/RECALL 16 
20 SICK LEAVE BANK 17 
21 AGENCY SERVICE FEE 19 
22 SMALL NECESSITIES LEAVE ACT 20 
23 ELECTRONIC COMMUNICATION SYSTEM/NETWORK 
ACCEPTABLE USE POLICY 21 
24 ACCESS TO KEYS POLICY 21 
25 PROBATIONARY PERIOD 21 
26 BACKGROUND CHECKS (CORI AND SAFIS) 21 
27 VOLUNTARY AND INVOLUNTARY TRANSFERS 26 
28 MISCELLANEOUS 27 
29 DURATION 27 
APPENDIX A SALARY SCHEDULE 28 
STIPEND/FUND RAISING 29 
APPENDIX B ELECTRONIC COMMUNICATION SYSTEM 
NETWORK ACCEPTABLE USE POLICY—FORM 29 
APPENDIX C ACCESS TO KEYS POLICY—FORM 32 
APPENDIX D SIDE LETTER OF AGREEMENT 32 
APPENDIX E LETTER OF UNDERSTANDING—SCHOOL AGE CHILDREN 
OF EMPLOYEES 33 
WTA-ESP 3 
ARTICLE 1 
RECOGNITION 
The Winthrop School Committee hereby recognizes the Winthrop Teachers’ Association for
the purpose of collective bargaining under the provisions of Massachusetts General Laws,
Chapter 150E, as the exclusive bargaining agent for all educational support personnel employed
by the Committee as described in the Agreement for Consent Election, filed with the
Massachusetts Labor Relations Commission in Case #MCR 2890. 
ARTICLE 2 
SALARY 
Section 1. 
All educational support personnel shall be paid according to the salary schedule set forth in
Appendix A. The Salary Schedule in Appendix A shall be adjusted by the following increases: 
 Effective the first day of the 2015-2016 school year 2% 
 Effective June 30, 2016 1% 
 Effective the first day of the 2016-2017 school year 3% 
 Effective the first day of the 2017-2018 school year 4% 
 Effective June 30, 2018 1% increase conditioned on an agreement that a flex schedule is
adopted by the Teachers for the 2018-2019 school year. 
Section 2. 
Salaries shall be paid every two (2) weeks according to current practice. 
Section 3. 
Educational support personnel shall be entitled to the following deductions: 
(a) Association dues 
(b) credit union 
(c) health insurance 
Section 4. 
Educational support personnel who have worked one hundred (100) days or more during the
previous school year as employees of the Winthrop School Department will be eligible to move
onto the next higher step of the salary schedule. 
Section 5. 
In recognition of the value of continued years of service to the Winthrop School System, a 
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“Super Maxima” salary schedule is set forth below. 
ABOVE BASE RATE AFTER YEARS OF TOTAL SERVICE 
Year 2 Year 3 
10 years $ 500 $ 500 
15 years $ 750 $ 750 
20 years $ 1000 $ 1000 
25 years $1250 $ 1250 
ARTICLE 3 
GRIEVANCE PROCEDURE 
Section 1. 
For the purpose of this Agreement, a grievance shall be defined as: Any complaint by an
ESP covered by the Agreement that (1) he/she has been subject to a violation, inequitable
application or misinterpretation of a specific provision of this Agreement or (2) he/she has been
subjected to an unfair or discriminatory act contrary to established policy and practice. 
Section 2. 
The purpose of this procedure is to secure, at the lowest possible administrative level,
equitable solutions to the problems which may from time to time arise, affecting the welfare or
working conditions of staff. Both parties agree that these proceedings will be kept as informal
and confidential as may be appropriate at any level of this procedure. Consultation between the
Association and the superintendent is encouraged as a means of resolving problems. 
Section 3. 
Nothing herein contained will be construed as limiting the right of any ESP having a
grievance to discuss the matter informally with any appropriate member of the administration
and to have the grievance adjusted without intervention of the Association, provided the
adjustment is not inconsistent with the terms of this Agreement and that the Association has
been given the opportunity to be present at such adjustment above Level One and to state its
views. If the staff so chooses, a representative of the Association may be present at Level One. 
Section 4. 
No written communication, other document, or record relating to any grievance shall be filed
in the personnel file maintained by the School Department of the Town of Winthrop for any 
staff involved in presenting such grievance, 
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Section 5. 
Since it is important that grievances be processed as rapidly as possible, the number of days
indicated at each level should be considered as maximum, and every effort should be made to
expedite the process. The time limits specified may be extended only by prior mutual
agreement. It is understood and agreed that no grievance, dispute, misunderstanding or
difference between the parties arising out of acts which occurred prior to the execution of this
Agreement shall be submitted to the Committee under the provision of this Article. It is
understood that any grievance pending at the conclusion of the contract will remain operative in
the subsequent contract period unless settled in negotiations. 
Section 6. 
If at the end of the fifteen days next following either the occurrence of any grievance or the
date when the ESP should reasonably have had first knowledge of its occurrence, whichever is
later, the grievance shall not have been presented at Level One, as set forth below, the grievance
shall be deemed to have been waived. Such time limit may be extended by mutual agreement. 
Level 1. 
An ESP with a grievance will first discuss it with his/her principal or immediate
supervisor during non-teaching hours. 
Level 2. 
If at the end of three (3) school days next following such presentation, the 
Grievance shall not have been disposed of to the aggrieved’s satisfaction the ESP may
file with the president of the Association a written statement of the grievance. Such
statement shall be rewarded with the ESP y the said President or his/her designee and if
after such review the ESP so desires the grievance shall be presented in writing by the
ESP to the Superintendent or his/her designee within five (5) school days. 
Level 3. 
If at the end of ten (10) school days next following presentation of the grievance
in writing to the superintendent the grievance shall not have been disposed of to the
satisfaction of the ESP, the ESP may refer the grievance in writing to the chair of the
School Committee within five (5) school days. 
The Committee or its designated representative and the ESP and, if the ESP so
elects, counsel and/or an authorized representative of the Association shall meet to
discuss the grievance as promptly as possible, normally within fourteen (14) school days
at a time mutually agreed upon by the chair of the School Committee and the president
of the Teachers’ Association. 
If any person or persons are to represent the teacher at this meeting, the School
Committee will be informed in writing prior to three (3) school days before the meeting
of the titles and names (if possible) of such person or persons anticipated. The School
Committee or its designated representative shall elect whether this discussion shall take 
place during working hours. 
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The School Committee will give its written answer to the grievance within ten
(10) school days following the conclusion of the meeting. If no satisfactory settlement
of the grievance is made, it may be appealed to arbitration by written notice of such
intention to appeal within ten (10) school days after the receipt of the written answer
under Level 3. This appeal to arbitration shall be in accordance with the procedure and
conditions set forth in Article IV. 
Section 7. 
If there is a grievance which directly affects a group or class of ESPs or is of a general
nature, the Association may submit such a grievance in writing directly to the level of
administration having the appropriate authority to resolve said grievance. If appropriate, an
individual grievance may be filed directly at the lowest level of the administration having the
appropriate authority to resolve the grievance. 
Section 8. 
A grievance not initiated within the time specified shall be deemed waived. Failure of the
ESP filing the grievance to appeal a decision within the time limit specified will mean that the
grievance shall be considered settled on the decision last made and shall not be eligible for
further appeal. 
Failure of the School Committee to answer an appeal within the time limit specified shall
mean that the appeal may be taken to the next step immediately. The above limitations may be
waived by mutual agreement of the parties. 
Section 9. 
In the event a grievance is filed on or after June 1, which, if left unresolved until the
beginning of the following school year, could result in irreparable harm to a party in interest,
the time limits set forth herein will be reduced so that the grievance procedure may be
exhausted prior to the end of the school year or as soon thereafter as practicable. For
grievances being processed during the summer, the time limits stated in terms of school days
will be interpreted as referring to regular workdays (Monday through Friday, exclusive of any
legal holidays). 
ARTICLE 4 
ARBITRATION 
Section 1. 
In the event either party elects to submit a grievance to arbitration, the arbitrator shall be
selected according to and shall be governed by the following procedure: 
The arbitrator is to be mutually selected by the Committee and the Association. If the
Committee and the Association cannot agree within seven school days after written notice of 
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intention to arbitrate has been received from the Association, then the Association shall within
five school days thereafter request the American Arbitration Association to provide a panel of 
arbitrators, said arbitrator then to be selected under the provisions of the Voluntary Labor
Arbitration Rules. The parties may by mutual agreement choose to submit more than one
grievance to the same arbitrator. 
Section 2. 
Each party shall bear the expense of its representatives, participants, witnesses and for
preparation and representation of its own case. The fees and expenses (if any) of the arbitrator
and the American Arbitration Association shall be shared equally by the parties provided that
the obligation of the Committee and the Association to pay shall be limited to the obligation
which the Committee and the Association can legally undertake in that connection. In no event
shall any present or future member of the Committee or the Association have any personal
obligation for any payment under the provision of this Section. 
Section 3. 
The arbitrator’s award shall be in writing and shall set forth his/her findings of fact with
reasoning and conclusions. He/she shall arrive at his/her decisions solely upon the facts,
evidence and contentions presented by the parties through the arbitration proceeding. The
arbitrator shall have no power to add to, subtract from, or modify any of the terms of this
Agreement, and in reaching his/her decision shall interpret the Agreement in accordance with
the commonly accepted meaning of words used herein and the principle that there are no
restrictions intended on the rights or authority of the Committee other than those expressly set
forth herein. Subject to the foregoing, the decision of the arbitrator shall be submitted to the
School Committee and the Association and shall be final and binding upon the Committee, the
Association and the teacher or group of teachers who initiated the grievance. 
Section 4. 
Notwithstanding anything to the contrary, no dispute or controversy shall be the subject for
arbitration unless it involves the interpretation or application of a specific provision of this
Agreement. 
ARTICLE 5 
RIGHTS OF THE COMMITTEE 
Section 1. 
In recognition of the fact that the laws of the Commonwealth of Massachusetts vest
responsibility to the people of the Town of Winthrop in the Committee and the superintendent
for the quality of education in and the efficient and economical operation of the Winthrop
School System, it is herein agreed that except as specifically and directly modified by express
language in a specific provision of this Agreement, the Committee and the superintendent retain 
WTA-ESP 8 
all rights and powers that they have or may hereafter be granted by law in managing the school 
department and directing the working force and may exercise the same at their discretion with- 
out any such exercise being made the subject of a grievance except as expressly provided
herein. 
Said rights and powers include but are in no way to be construed as limited to: the
establishment of rules and regulations; the right to determine the extent to which work will be
performed by members of the bargaining unit; the right to hire, fire, suspend, or in any other
manner discipline for just cause; to promote, demote, transfer permanently or temporarily; to
determine hours for and the number of employees required at any location; to determine the
qualification and competence of; to evaluate the performance of; to assign any added, lessened,
or different work or responsibility to; to set standards and requirements applicable to and make
determination of the number of steps and the eligibility for any in-step wage increases for; to
make any pay deduction because of absence, or failure to perform work by any employee
covered by this Agreement; and to introduce new or to change existing operational methods. 
The above rights are reserved exclusively and solely as prerogatives of the Committee and
the superintendent, subject only to such limitations as are expressly provided for in this
Agreement. 
ARTICLE 6 
VACANCIES 
Vacancies in positions covered by this Agreement shall be posted in each school. In any
case every vacancy will be posted in each school at least five (5) days prior to the close of
applications. Notice of all such vacancies and Unit A vacancies which occur during the
summer shall be posted in the Office of the Superintendent and copies sent to the president of
the Winthrop Teachers’ Association and to those educational support personnel who have left
self-addressed envelopes for this purpose. Upon the posting of any vacancy, notification will
be e-mailed to all ESPs on the school department e-mail system. 
ARTICLE 7 
WORK YEAR AND WORK DAY 
Section 1. 
The work year for educational support personnel shall be one hundred and eighty two (182)
days. Effective for 2011-2012 school year and thereafter, any additional days negotiated into
the Agreement beyond the 182 days worked for 2010 – 2011 work year will be compensated at
the rate of .5% per each additional day. 
Section 2. 
During the first year of the Agreement the work day for educational support personnel shall
be the hours that students are in attendance except as stated in Section 7 below. 
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During the second year of the Agreement the work day for educational support personnel
shall be six and one half (6 ½) hours except as stated in Section 7 below. 
During the third year of the Agreement the work day for educational support personnel shall
be seven (7) hours except as stated in Section 7 below. 
On early release days the ESP’s will be able to leave school with the students. 
Section 3. 
Educational support personnel shall have a duty-free lunch period equal in length to the
teacher lunch period in the building to which the educational support personnel are assigned.
Educational support personnel may be assigned to administrative supervising on all but two (2)
days during each six (6) day cycle. 
Educational support personnel will be entitled to a break exclusive of a lunch period. Such
break shall be scheduled with the agreement of the building principal. This break will be a
minimum of thirty-five (35) minutes duty-free per day. 
Section 4. 
It is recognized that many educational support persons have been hired and assigned for a
specific program and such assignment may change from time to time depending on the needs of
the students. The superintendent or building principal will be responsible for the assignment of
all educational support personnel in the system or his/her building. 
Educational support personnel who serve as substitutes for teachers shall receive twenty ($20)
dollars for each period of substituting. This compensation will be over and above their regular
daily pay. An ESP who works in a classroom that is in need of coverage will be given first
opportunity to substitute, upon the discretion of the building principal. 
Section 5. 
All employees shall be required to sign in upon arrival at school each day and sign out if
they leave during the day. And educational support person may leave the building when he/she
has a free period or during a scheduled lunch period. He/she will sign out upon leaving and
will sign in when he/she returns. Educational support personnel will not have to get permission
from the building principal to leave during lunch time or a free period. 
Section 6. 
ESP’s will be provided with the opportunity to read the Individualized Educational Plan
(IEP) for the students to whom they provide direct services. In addition, ESP’s will be provided
with the opportunity to read the IEP for any student who has a behavioral plan, and will be 
provided with any required restraint training on an annual basis. 
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An ESP assigned to work with a student may be given pertinent medical information by the
school nurse regarding the students’ needs to ensure the ESP is fully prepared to assist the
student. 
Section 7. 
Professional development will be provided for the ESP’s two (2) full days a year. A
professional development committee (at least two ESP’s and two Administrators) will be
established to plan this professional development. Each ESP must attend ten (10) hours of
professional development each school year or be subject to progressive discipline. 
Section 8. 
Every attempt will be made to provide schedules for ESP’s for the next school year prior to
the first day of school. 
ARTICLE 8 
SICK LEAVE 
Section 1 
Sick leave for educational support personnel shall be thirteen (13) days effective on the first
day of school each year. Sick leave may be accumulated up to 160 days per year. 
Section 2. 
Each educational support person shall receive written notice of the total number of sick days
he/she has accumulated by October 1 each school year. 
ARTICLE 9 
TEMPORARY LEAVES OF ABSENCE 
Section 1 
Educational support personnel will be entitled to the following temporary leaves of absence
with pay: 
(a) Time necessary for appearance at legal proceedings connected with an educational
support person’s employment or with the school system will be granted. 
(b) While serving on a jury, educational support personnel shall be paid the difference
between their regular pay and jury pay. 
(c) Up to five (5) consecutive calendar days will be granted at any one time in the event of
a death in the immediate family. Immediate family will include mother, father, brother,
sister, wife, husband, child, grandparents. An absence of two (2) days may be granted 
applicable to an educational support person’s in-laws or the grandparents of his/her 
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(d) spouse, unless said relative is a member of the immediate household, in which case
he/she shall be entitled to three (3) days. 
(e) Up to three (3) days may be utilized for imperative personal business which could not
effectively be conducted outside of school hours. The first two (2) days will be
exclusive of sick leave, and the third will be deducted from sick leave. In the event the 
these days are not taken, the days will be added to the individual’s sick leave. Reasons
for such leave must be given at least forty-eight (48) hours before such absence occurs
whenever possible. In emergency situations, notice may be conveyed by telephone to
the superintendent and later reduced to writing. 
Section 2. 
Additional personal leave may be granted from sick leave at the discretion of the
superintendent for compelling personal reasons, including religious observances. 
The employee may use sick leave for purposes of disability certified by a physician as
requested by the school department. 
ARTICLE 10 
FAMILY MEDICAL LEAVE 
Section 1. 
In accordance with the Family and Medical Leave Act of 1993, the Committee will provide
eligible employees up to twelve (12) weeks of unpaid leave in a twelve- (12) month period and
in accord with the Act. The latest changes in the Statute and Regulations will be incorporated
in this Contract. 
Eligible employees shall be defined as set forth in the Act. 
Section 2. 
The following reasons qualify for leave: 
(a) to care for a newborn or a newly-placed adopted or foster child; 
(b) to care for a child, spouse, or parent with a serious health condition; 
(c) to care for the employee’s own serious health condition. 
Section 3. Substitution of Paid Leave 
If leave is taken because of the employee’s own serious health condition, an eligible
employee must first exhaust any accrued paid sick leave and personal leave. 
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If leave is taken to care for a child, spouse, or parent with a serious health condition or to care
for a newborn or newly-placed adopted or foster child, an eligible employee must first exhaust
any accrued paid personal leave. 
If the employee’s accrued paid leave is less than twelve (12) weeks, the remaining weeks
will be unpaid. 
Benefits during Leave 
Section 4. 
The Committee will maintain health coverage for an employee on leave under this policy at
the level and under the same conditions as the employee would have enjoyed if not on leave. If
the employee fails to return to work following the leave, unless the failure to return is due to the
continuation, reoccurrence, or onset of a serious medical condition of himself/herself or family,
or other circumstances beyond the employee’s control, the employee on leave under this policy
will be responsible for the cost of health coverage during the period of leave. 
Section 5. 
The twelve- (12) month period shall be a rolling period. 
Section 6. 
Seniority shall accrue while an employee is on an approved FMLA leave. 
Section 7. 
The FMLA special rules that apply to local educational agencies shall apply. 
Section 8. Extended Leave 
In the event an employee desires a leave without pay longer than provided under the FMLA,
the procedure listed below will be followed: 
(a) Such leave shall not be unreasonably denied. 
(b) Such leave shall commence at a time corresponding with the beginning of a
semester or a vacation period and will expire on the September 1 following the
birth of a child or at a time agreed to by the employee and the superintendent. 
(c) The date of anticipated return will be established with the superintendent at the 
time the leave commences. In addition, the member of the Unit must notify the 
superintendent in writing by the first of March in the calendar year in which the 
leave expires of intention to return to the System. Failure to comply with this 
requirement will be considered a resignation. 
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(d) At the time of return, a fitness for duty certificate will be required. 
ARTICLE 11 
ESP FACILITIES 
The Association will have the right to use school buildings without cost, at reasonable
times, for meetings. All educational support personnel will be given a Winthrop Public
Schools e-mail address. 
ARTICLE 12 
PROTECTION 
Any employee who is absent from work due to a work-connected accident or disability,
and who is receiving worker’s compensation, may at his/her option turn in his/her
compensation check and receive his/her regular weekly pay, in exchange for a deduction of one
half (1/2) day of sick leave for each day absent, to the extent he/she has such credits available. 
ARTICLE 13 
RETIREMENT 
The School Committee will authorize deductions from the educational support person’s
paycheck for any retirement system for which the ESP is eligible. 
Educational support personnel covered by this Agreement who have worked for ten (10)
years in the Winthrop School System shall, upon application, obtain an increase in
compensation in the final year of working in the following manner: all accumulated sick leave
shall be wiped off the books and in lieu thereof the annual salary schedule of the individual
concerned will be increased by twenty (20) dollars per day for each sick leave day surrendered
up to one hundred sixty (160) days in the second year of this Agreement. 
ARTICLE 14 
INSURANCE 
Section 1. 
As long as the Town of Winthrop agrees to pay eighty-five 85% of the cost of the Group
Insurance Health Plans and one-half (1/2) the cost of a $2,000 life insurance policy and a
$2,000 accidental death and dismemberment policy, details of which are covered in a
supplementary booklet, the School Department will deduct the employee’s share from payroll
checks for participating members on receipt of the proper authorization. 
On the date of retirement, life insurance may be continued in the amount of $1,000, one- half
(1/2) to be paid by the retiree. 
For the retired employee, the hospital-surgical-medical coverage may be continued through 
the Group Insurance Plan. 
WTA-ESP 14 
Section 2. 
In the event the Town of Winthrop modifies its insurance plan, similar arrangements for
payroll deduction will be made available to all school personnel. 
Section 3. 
School personnel leaving the system at the conclusion of the school year are entitled to
remain in the Harvard Pilgrim Health Plan until August 31 of the current calendar year. 
School personnel on unpaid leave of absence may remain in the appropriate health plan by
paying the entire premium due to the Office of the Town Treasurer to the extent allowed by the
policy and the law. 
Section 5. 
The Committee agrees that it will use its best efforts to defeat any attempt to change the
practice of the payroll deductions for health insurance on a pre-tax basis, provided remains
permissible under the law. 
ARTICLE 15 
EVALUATION 
Section 1. 
Observation of the work performance of an educational support person will be conducted
openly and with full knowledge of the educational support person. Educational support
personnel will be given a copy of any evaluation report prepared by their supervisors and will
have the right to discuss such report with their supervisors. Every educational support person
will be observed and will receive a written evaluation by the building principal at least once a
year and by the department supervisor at least once a year. 
Section 2. 
An educational support person will have the right, upon request, to review and duplicate the
contents of his/her personnel file. An educational support person will be entitled to have a
representative of the Association accompany him/her during such review. 
Section 3. 
No material relative to an educational support person’s conduct, service, character, or
personality will be placed in his/her personnel file unless the educational support person has
had an opportunity to review the material. The educational support person will acknowledge
that he/she had the opportunity to review such material by affixing his/her signature to the copy 
To be filed, with the express understanding that such signature does not necessarily indicate
agreement with the contents thereof. The educational support person will also have the right to
submit a written answer to such material and his/her answers shall be reviewed by the 
Superintendent and attach to the file copy. 
WTA-ESP 15 
Section 4. 
The Committee and the educational support personnel unit agree that upon ratification of
this Agreement, the parties will create a subcommittee on evaluation to review the evaluation
document and process. 
ARTICLE 16 
GENERAL 
Section 1. 
No educational support personnel will be discriminated against because of race, creed, color,
political affiliation, religion, nationality, age, sex, or marital status. 
Section 2. 
There will be no reprisals of any kind taken against any educational support person by
reason of his/her membership in the Association or participation in its legitimate activities. 
Section 3. 
It is the intention of the School Department to create four (4) Educational Support Personnel
Positions to be effective in year two (2) of this agreement with one lead ESP at each school and
the stipend will be $1200. During the first year of the /agreement the Union and a Committee
representing the School Department will meet to discuss the duties of the position and the
criteria for selection of the Lead ESP’s. 
Section 4. 
The Union and the School Department agree to meet to review modify and/or change the
present evaluation document. A Committee of two ESP’s and two administrators will be
appointed for this purpose and will submit the revised evaluation document to the parties no
later than August 31, 2016. 
Section 5. 
In the second year of the Agreement ESP’s at the High School will be provided with an I-pad or
Chromebook. 
ARTICLE 17 
SEPARABILITY AND SAVINGS 
If any Article or Section of this Agreement or any riders thereto should be held invalid by
operation of law or by any tribunal of competent jurisdiction, or if the compliance with or
enforcement of any Article or Section should be restrained by such tribunal pending a final 
determination as to its validity, the remainder of this Agreement and any rider thereto, or the 
WTA-ESP 16 
application of such Article or Section to persons or circumstances other than those as to which
it has been held invalid or as to which compliance with or enforcement of has been restrained,
shall not be affected thereby. In the event that any Article or Section is held invalid or
enforcement of or compliance with which has been restrained as set forth above, the parties
affected thereby shall enter into immediate collective bargaining negotiations upon the request
of either party for the purpose of arriving at a mutually satisfactory replacement for such Article
or Section during the period of invalidity or restraint. 
ARTICLE 18 
COURSE REIMBURSEMENT 
Section 1. 
Beginning in year two of this Agreement, the School Committee agrees to reimburse any
unit member who has completed three (3) years of service for up to nine (9) credit hours of
course work during the fiscal year. Such reimbursement amount shall be limited to seventy-
five (75) percent of the cost of a state college tuition including registration fees. 
The course taken must have approval of the superintendent prior to enrollment in order to
qualify for reimbursement. Official transcripts of courses, including a grade of “B-“ or better
for each of the nine (9) semester hours, must be submitted to the Office of the Superintendent
prior to June 30 in order to receive such reimbursement. 
Section 2. 
Educational support personnel will be permitted to participate in previously-established
courses for certification or re-certification provided: (1) there is no cost to the Committee; (2)
space is available; and (3) the educational support person meets any qualifications necessary to
participate in the course. 
Section 3. 
A budget of $5,000 will be established for course reimbursement. Educational support
personnel who successfully complete a course will apply for reimbursement once the official
transcript is received. 
ARTICLE 19 
LAYOFF LANGUAGE/RIF/RECALL 
Section 1. 
In the event that the School Committee decides to reduce the number of employees in the
unit, the Committee shall select employees for layoffs on the basis of seniority, that is, the least
senior employee(s) will be laid off. 
WTA-ESP 17 
Section 2. 
Unit members selected for layoff shall be notified prior to June 1 of the school year prior to
the school year in which the layoff is to become effective. 
Section 3. 
Unit members who are laid off shall be placed on a layoff/recall list for a period of twenty-
six (26) months. Whenever a vacancy should occur within the unit, the most senior employee
on the layoff/recall list shall be offered the vacant position, in order of seniority, before the
School Committee offers such vacant position to outside applicants. 
Section 4. 
Seniority shall be computed as unbroken length of service in months, weeks, and days, as an
employee within the unit. Authorized leaves of absence shall not constitute a break in seniority. 
Section 5. 
A seniority/recall list will be posted annually by October 1 and be subject to correction
through the grievance process. 
Section 6. 
In the event that two or more unit members have identical seniority, lots will be drawn to
establish relative seniority. 
Section 7. 
If reassignment of a unit member is necessary, seniority will be the guiding principle, but the
needs of the system will be determined by the Office of the Superintendent. 
ARTICLE 20 
SICK LEAVE BANK 
Section 1. 
Effective for the duration of this Agreement, a Sick Leave Bank will be established for use
by qualified members of the bargaining unit whose sick leave accumulation is exhausted
through serious prolonged illness/accident and who require additional leave to make full
recovery from an extended illness/accident. 
Section 2. 
Each member of the bargaining unit shall submit one (1) sick day of his/her personal 
accumulation to the Sick Leave Bank to be utilized by employees who qualify and who have 
WTA-ESP 18 
exhausted their own individual leave, both annual and accumulated, and who still have a serious
extended illness. 
Section 3. 
Personnel shall not qualify for consideration of extended illness leave within the framework
of the Sick Leave Bank unless they have accumulated at least twenty (20) sick leave days (after
the submission required by Section 2). Once an employee has become eligible for the benefits
of the Sick Leave Bank, he/she shall continue such eligibility for the duration of this
Agreement. 
Section 4. 
The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of
two (2) members designated by the School Committee to serve at its discretion and two (2)
members designated by the Association to serve at its discretion. 
Section 5. 
Any sick leave granted under the provisions of this Article shall expire at the end of the
school year. 
There shall be no accumulation or carryover to successive years of unused Sick Leave Bank
days beyond the term of this Agreement. 
Section 6. 
Sick Leave Bank days shall be available only after the infirmed employee has exhausted
his/her entire personal sick leave, both annual and accumulated. 
Section 7. 
All requests for grants from the Sick Leave Bank shall be in writing and shall be
accompanied by certification of a physician as to the illness and/or disability of the employee
and the anticipated extent of recovery time necessary. 
Section 8. 
Application for benefits may be made prior to the employee’s exhaustion of his/her personal
sick leave to expedite benefits, but drawing upon the Sick Leave Bank will not actually
commence until after the employee’s own sick leave days are exhausted and adequate medical
notification has been provided. 
WTA-ESP 19 
Section 9. 
The initial grant of sick leave by the Sick Leave Bank Committee to an eligible employee
shall not exceed thirty (30) days. If additional days are needed, they must be requested in
writing and contain further certification by a physician. 
Section 10. 
The Sick Leave Bank Committee may request further evidence or a second physician’s
opinion before granting additional days from the Sick Leave Bank. 
Section 11. 
Subject to the foregoing requirements, the Sick Leave Bank Committee will determine the
eligibility for the use of the Sick Leave Bank and the amount of leave to be granted. The
following general criteria shall be considered by the committee in administering the Sick Leave
Bank and in determining the amount of leave: 
(a) medical evidence of serious extended illness; 
(b) prior utilization of eligible sick leave. 
The decision of the Sick Leave Bank Committee with respect to eligibility and entitlement
shall be final and binding and not subject to appeal. 
No days may be withdrawn from the Sick Leave Bank for any illness other than prolonged
illness or accident. Days may not be withdrawn to permit an individual to stay at home to care
for other members of the family, and in no instance may days be withdrawn for purposes of a
normal maternity. 
Section 12. 
This Article will remain in effect as long as the unit remains part of the Winthrop Teachers’
Association. 
ARTICLE 21 
AGENCY SERVICE FEE 
Section 1. 
Pursuant to Massachusetts General Laws, Chapter 150E, Section 12, it shall be a condition
of employment that on or after the thirtieth (30th) day of employment in the bargaining unit, or
the effective date of this Agreement, whichever is later, each and every member of the
bargaining unit shall pay to the Association an agency service fee which shall be proportionally
commensurate with the cost of collective bargaining and contract administration. The agency 
fee shall be deducted at each pay period. 
WTA-ESP 20 
Section 2. 
In consideration of the School Committee’s agreement to an agency fee provision, the
Association hereby agrees to indemnify the School Committee, its agents, officers , and 
employees and hold them harmless from any and all claims, demands, suits, back pay, interest,
or other forms of liability however denominated which may arise out of, or by reason of any
action by the School Committee, its agents, officers, and employees in entering into or taken to
enforce, or defend its enforcement of, said provision including discharge for nonpayment,
including all legal fees, costs, and damage awards incurred by the School Committee, its agents,
officers, and employees. 
Section 3. 
No request to dismiss or suspend an employee for nonpayment of an agency service fee shall
be honored so long as there is a dispute before the State Labor Relations Commission or a court
of competent jurisdiction as to whether the exclusive bargaining agent has complied with the
provisions of Massachusetts General Laws, Chapter 150E, Section 12 and 456 CMR 17:00. 
ARTICLE 22 
SMALL NECESSITIES LEAVE ACT 
Section 1. 
Employees who are eligible for twenty-four (24) hours of unpaid leave pursuant to the Small
Necessities Leave Act (Massachusetts General Laws, Chapter 149, section 52D) must substitute
any accrued paid personal leave for any of the leave provided under the Act. 
Section 2. 
To be entitled to leave, employees must provide notice to the Superintendent as follows: 
(a) If the need for leave is foreseeable, the employee must request the leave not later
than seven (7) days in advance. 
(b) If the need is not foreseeable, the employee must notify the employer as soon as
practicable under the particular circumstances of the individual case. 
(c) Employees must complete the attached certificate form. 
Employee’s Certification 
I certify that on ___________________, I will/did take _______________ hours of
leave for the following purpose: 
___ to participate in school activities related to the educational advancement of my
son or daughter; 
___ to accompany my son or daughter to routine medical or dental appointments
such as check-ups or vaccinations; 
___ to accompany an elderly relative to routine medical or dental appointments or 
WTA-ESP 21 
other professional services related to the elder’s care. 
Employee’s Name: ______________________________ Date: ___________________ 
ARTICLE 23 
ELECTRONIC COMMUNICATION SYSTEM/NETWORK 
ACCEPTABLE USE POLICY 
The members of the bargaining unit will sign and follow the Winthrop Public Schools
Electronic Communication System/Network Acceptable Use Policy. A copy of the policy is
attached as Appendix B. 
ARTICLE 24 
ACCESS TO KEYS POLICY 
To the extent members of the bargaining unit have been given access to keys to a school,
they shall sign for and be subject to the Access to Keys Policy. A copy of the policy is attached
as Appendix C. 
ARTICLE 25 
PROBATIONARY PERIOD 
Starting in September, 2005, all new employees covered by this Agreement shall serve a one
hundred eighty (180) work day probationary period during which any discipline, suspension, or
discharge shall be in the sole discretion of the superintendent and/or his/her designee and shall
not be subject to the grievance and arbitration provisions of this Agreement. 
No ESP shall be disciplined, discharged, reprimanded, reduced in rank or compensation, or 
deprived of any professional advantage without just cause. 
] 
ARTICLE 26 
Background Checks (CORI and SAFIS) 
It shall be the policy of the school district that, as required by law, a state and national
fingerprint criminal background check will be conducted to determine the suitability of full or
part time current and prospective school employees, who may have direct and unmonitored
contact with children. School employees shall include, but not be limited to any apprentice,
intern, or student teacher or individuals in similar positions, who may have direct and
unmonitored contact with children. The School Committee shall only obtain a fingerprint
background check for current and prospective employees for whom the School Committee has
direct hiring authority. In the case of an individual directly hired by a school committee, the
chair of theSchool Committee shall review the results of the national criminal history check.
The Superintendent shall also obtain a state and national fingerprint background check for any
individual who regularly provides school related transportation to children. The School
Committee, Superintendent or Principal, as appropriate, may obtain a state and national 
fingerprint criminal background check for any volunteer, subcontractor or laborer 
WTA-ESP 22 
commissioned by the School Committee, school or employed by the city or town to perform
work on school grounds, who may have direct and unmonitored contact with children. School
volunteers and subcontractors/laborers who may have direct and unmonitored contact with
children must continue to submit state CORI checks. 
The fee charged by the provider to the employee and educator for national fingerprint
background checks will be $55.00 for school employees subject to licensure by DESE and
$35.00 for other employees, which fee may from time to time be adjusted by the appropriate
agency. The employer shall continue to obtain periodically, but not less than every three (3)
years, from the department of criminal justice information services all available Criminal
Offender Record Information (CORI) for any current and prospective employee or volunteer
within the school district who may have direct and unmonitored contact with children. 
Direct and unmonitored contact with children is defined in DESE regulations as contact with a
student when no other employee who has received a suitability determination by the school or
district is present. “Contact” refers to any contact with a student that provides the individual
with opportunity for physical touch or personal communication. 
This policy is applicable to any fingerprint-based state and national criminal history record
check made for non-criminal justice purposes and requested under applicable federal authority
and/or state stature authorizing such checks for licensing or employment purposes. Where such
checks are allowable by law, the following practices and procedures will be followed. 
Requesting CHRI (Criminal History Record Information) checks. 
Fingerprint-based CHRI checks will only be conducted as authorized by state and federal law,
in accordance with all applicable state and federal rules and regulations. If an applicant or
employee is required to submit to a fingerprint-based state and national criminal history record
check, he/she shall be informed of this requirement and instructed on how to comply with the
law. Such instruction will include information on the procedure for submitting fingerprints. In
addition, the applicant or employee will be provided with all information needed to successfully
register for a fingerprinting appointment. 
Access to CHRI 
All CHRI is subject to strict state and federal rules and regulations in addition to Massachusetts
CORI laws and regulations. CHRI cannot be shared with any unauthorized entity for any
purpose, including subsequent hiring determinations. All receiving entities are subject to audit
by the Massachusetts Department of Criminal Justice Information Services (DCJIS) and the
FBI, and failure to comply with such rules and regulations could lead to sanctions. Federal law
and regulations provide hat the exchange of records and information is subject to cancellation if
dissemination is made outside of the receiving entity or related entities. Furthermore, an entity
can be charged criminally for the unauthorized disclosure of CHRI. 
WTA-ESP 23 
Storage of CHRI 
CHRI shall only be stored for extended periods of time when needed for the integrity and/or
utility of an individual’s personnel file. Administrative, technical, and physical safeguards,
which are in compliance with the most recent CJIS Security Policy have been implemented to
ensure the security and confidentiality of CHRI. Each individual involved in the handling of
CHRI is to familiarize himself/herself with these safeguards. 
In addition to the above, each individual involved in the handling of CHRI will strictly adhere
to the policy on the storage, retention and destruction of CHRI. 
Retention and Destruction of CHRI 
Federal law prohibits the repurposing or dissemination of CHRI beyond its initial requested
purpose. Once an individual’s CHRI is received, it will be securely retained in internal agency
documents of the following purposes only: 
 Historical reference and/or comparison with future CHRI requests 
 Dispute of the accuracy of the record 
 Evidence for any subsequent proceedings based on information contained in the CHRI. 
CHRI will be kept for the above purposes in a secure location in the office of the
Superintendent. 
When no longer needed, CHRI and any summary of CHRI data must be destroyed by shredding
paper copies and/or by deleting all electronic copies from the electronic storage location,
including any backup copies or files. The shredding of paper copies of CHRI by an outside
vendor must be supervised by an employee of the district. 
CHRI Training 
An informed review of a criminal record requires training. Accordingly, all personnel
authorized to receive and/or review CHRI at the district will review and become familiar with
the educational and relevant training materials regarding SAFIS and CHRI laws and regulations
made available by the appropriate agencies, including the DCJI. 
Determining Suitability 
In determining an individual’s suitability, the following factors will be considered; these factors
may include, but not necessarily be limited to: the nature and gravity of the crime and the
underlying conduct, the time that has passed since the offense, conviction and/or completion of
the sentence, nature of the position held or sought, age of the individual at the time of the
offense, number of offenses, any relevant evidence of rehabilitation or lack thereof and any
other factors deemed relevant by the district. A record of the suitability determination will be
retained. The following information will be included in the determination. 
WTA-ESP 24 
 The name and date of birth of the employee or applicant 
 The date on which the school employer received the national criminal history check
results, and 
 The suitability determination (either “suitable” or “unsuitable”) 
A copy of an individual’s suitability determination documentation must be provided to another
school employer, or to the individual, upon request of the individual for whom the school
employer conducted a suitability determination. 
Relying on Previous Suitability Determination 
The school employer may obtain and may rely on a favorable suitability determination from a
prior employer, if the following criteria are met: 
 The suitability determination was made within the last seven years; and 
 The individual has not resided outside of Massachusetts for any period longer than three
years since the suitability determination was made; and 
 The individual has been employed continuously for one or more school employers or
has gaps totaling no more than two years in his or her employment for school
employees; or 
 If the individual works as a substitute employee, the individual is still deemed suitable
for employment by the school employer who made a favorable suitability determination.
Upon the request of another school employer, the initial school employer shall provide 
documentation that the individual is still deemed suitable for employment by the initial
school employer. 
Adverse Decisions Based on CHRI 
If inclined to make an adverse decision based on an individual’s CHRI, the district will take the
following steps prior to making a final adverse determination: 
 Provide the individual with a copy of his/her CHRI used in making the adverse decision; 
 Provide the individual with a copy of this CHRI Policy; 
 Provide the individual the opportunity to complete or challenge the accuracy of his/her
CHRI; and 
 Provide the individual with information on the process for updating, changing, or
correcting CHRI. 
A final adverse decision based on an individual’s CHRI will not be made until the individual
has been afforded a reasonable time depending on the particular circumstances not to exceed
thirty days to correct or complete the CHRI. 
WTA-ESP 25 
Secondary Dissemination of CHRI 
In an individual’s CHRI is released to another authorized entity, a record of that dissemination
must be made in the secondary dissemination log. The secondary dissemination log is subject
to audit by the DCJIS and the FBI. The following information will be recorded in the log: 
 Subject Name 
 Subject Date of Birth 
 Date and Time of the dissemination 
 Name of the individual to whom the information was provided 
 Name of the agency for which the requestor works 
 Contact information for the requestor and 
 The specific reason for the request. 
Reporting to Commissioner of Elementary and Secondary Education 
Pursuant to state law and regulation, if the district dismisses, declines to renew the employment
of, obtains the resignation of, or declines to hire a licensed educator or an applicant for a
Massachusetts Educator license because of information discovered through a state or national
criminal record check, the district shall report such decision or action to the Commissioner of
Elementary and Secondary Education in writing, within thirty (30) days of the employer action
or educator resignation. The report shall be in a form requested by the Department and shall
include the reason for the action or resignation as well as a copy of the criminal record checks
results. The Superintendent shall notify the employee or applicant that it has made a report
pursuant to the regulations to the Commissioner. 
Pursuant to state law and regulation, if the district discovers information from a state or national
criminal record check about a licensed educator or an applicant for a Massachusetts educator 
license that implicates grounds for license action pursuant to regulations, the Superintendent
shall report to the Commissioner in writing within thirty (30) days of the discovery, regardless
of whether the district retains or hires the educator as an employee. The report must include a
copy of the criminal record check results to the employee or applicant. The school employer
shall notify the employee or applicant that it has made a report pursuant to regulations to the
Commissioner and shall also send a copy of the criminal record check results to the employee
or applicant. 
This Statewide Applicant Fingerprint Identification Services (SAFIS) Form will be given to
school employees who must comply with the background check policy. 
Winthrop Public Schools 
Town Hall 
One Metcalf Square 
Winthrop, MA 02152 
WTA-ESP 26 
REQUIRED 
STATEWIDE APPLICANT FINGERPRINT IDENTIICATION SERVICES (SAFIS) 
As part of the Commonwealth of Massachusetts Statewide Applicant Fingerprint Identification
Services (SAFIS) program, all school employees must go through a state and national criminal
history record check. 
In order to comply with this program, all employees must go to the following website
http:/www.identogo.com/FP/Massachusetts.aspx. The site will provide information and closest
locations (Beverly, Dorchester, Tewksbury or Wilmington) to make an appointment for
fingerprinting. At the time of your fingerprinting you will receive a receipt which is proof that
you have completed the process. This receipt needs to be returned to the Superintendent’s
office. 
Name ofApplicant______________________________________________________________ 
Position______________________________________________________________________ 
School_______________________________________________________________________ 
Adopted by the Winthrop School Committee 5/18/15 
ARTICLE 27 
VOLUNTARY AND INVOLUNTARY TRANSFERS 
Section 1 – General 
When a vacancy in an ESP position occurs, the position/school will be posted and e-mailed
to all ESP’s. 
A position vacant on or after April 1 st may be filled for the remainder of a school year;
however, the position will become a vacancy on the last day of school in June so that ESP’s
presently employed will have an opportunity to apply for the position. A list of vacancies will
be posted on or before June 1 st . ESP’s interested may apply before June 15 th . 
Section 2 – Voluntary Transfers 
An ESP desiring a transfer from one building to another will submit a written request by
March 31 st to the Superintendent with a copy to the ESP’s building principal stating the
assignment preferred an the reasons for the request to transfer. Transfers will become effective
at the beginning of the school year when deemed appropriate by the Superintendent or his/her
designee. 
All requests for a transfer will be acknowledged in writing. 
WTA-ESP 27 
Section 3 – Involuntary Transfers 
When an involuntary transfer has been made, the ESP will be notified in writing of the
decision prior to the first day of school. The ESP will have right to meet with the
Superintendent or his/her designee to discuss the transfer. The ESP may have an Association
representative present at the meeting. 
ARTICLE 28 
MISCELLANEOUS 
1. It is the intention of the School Department to create four (4) Lead Educational Support
Personnel positions to be effective in year two (2) of the Agreement with one lead ESP
at each school. The stipend will be $1200 for each of the Lead ESP’s. During the first
year of the Agreement the Union and a Committee representing the School Department
will meet to discuss the duties of the position and the criteria for selection of the Lead
ESPs. 
2. The Union and the School Department agree to meet to review, modify and/or change
the present Evaluation Document. A Committee of two ESP’s and two Administrators
will be appointed for this purpose and will submit the revised evaluation document to
the parties no later than August 31, 2016. 
3. In the second year of the Agreement, ESP’s at the High School will be provided with an
I-Pad or a Chrome Book. 
ARTICLE 29 
DURATION 
Section 1 
This Agreement shall become effective as of September 1, 2015 and shall continue in full
force and effect until August 21, 2018, and from year to year thereafter unless either party
notifies the other prior to July 1, 2017 or any July 1 thereafter of its desire to terminate or
modify this Agreement. 
Section 2 
During negotiations, the Committee and the Association representatives will present
relevant data, exchange points of view and make proposals and counter proposals as each
deems appropriate. Either party may, if it desires, utilize the services of outside consultants and
may call upon professional or lay representatives to assist in negotiations.; 
IN WITNESS WHEREOF, the parties have set their hands and seal by their duly authorized
representatives this 20 th day of November 2015. 
WINTHROP TEACHERS’ ASSOCIATION WINTHROP SCHOOL COMMITTEE 
______________________________ _______________________________ 
Adam Sullivan, President Gary Skomro, Chairman 
WTA-ESP 28 
A PPENDIX A 
WINTHROP ESP SALARY CHART 
E.S.P. SALARY SCHEDULE 
2015-2016 2015-2016 2016-2017 2017-2018 2017-2018 
2% 1% 3% 4% 1% 
STEPS 
1 $15,120.00 $15,271.00 $15,729.00 $16,359.00 $16,522.00 
2 $16,476.00 $16,641.00 $17,140.00 $17,826.00 $18,004.00 
3 $17,374.00 $17,548.00 $18,074.00 $18,797.00 $18,985.00 
4 $18,010.00 $18,190.00 $18,736.00 $19,485.00 $19,680.00 
5 $19,018.00 $19,208.00 $19,784.00 $20,576.00 $20,782.00 
6 $20,028.00 $20,228.00 $20,835.00 $21,669.00 $21,885.00 
HIGHLY QUALIFIED SALARY SCHEDULE 
2015-2016 2015-2016 2016-2017 2017-2018 2017-2018 
2% 1% 3% 4% 1% 
STEPS 
1 $16,596.00 $16,762.00 $17,265.00 $17,955.00 $18,135.00 
2 $17,854.00 $18,033.00 $18,574.00 $19,316.00 $19,510.00 
3 $18,689.00 $18,876.00 $19,442.00 $20,220.00 $20,422.00 
4 $19,283.00 $19,476.00 $20,060.00 $20,863.00 $21,071.00 
5 $20,219.00 $20,421.00 $21,034.00 $21,875.00 $22,094.00 
6 $21,156.00 $21,368.00 $22,009.00 $22,889.00 $23,118.00 
ASSOCIATES SALARY SCHEDULE 
2015-2016 2015-2016 2016-2017 2017-2018 2017-2018 
2% 1% 3% 4% 1% 
STEPS 
1 $22,060.00 $22,281.00 $22,949.00 $23,867.00 $24,106.00 
2 $23,069.00 $23,300.00 $23,999.00 $24,959.00 $25,208.00 
3 $24,077.00 $24,318.00 $25,047.00 $26,049.00 $26,310.00 
4 $25,097.00 $25,348.00 $26,108.00 $27,153.00 $27,424.00 
5 $26,095.00 $26,356.00 $27,147.00 $28,232.00 $28,515.00 
6 $27,104.00 $27,375.00 $28,196.00 $29,324.00 $29,617.00 
BACHELORS SALARY SCHEDULE 
2015-2016 2015-2016 2016-2017 2017-2018 2017-2018 
2% 1% 3% 4% 1% 
STEPS 
1 $23,169.00 $23,401.00 $24,103.00 $25,067.00 $25,317.00 
2 $24,178.00 $24,420.00 $25,152.00 $26,158.00 $26,420.00 
3 $25,187.00 $25,439.00 $26,202.00 $27,250.00 $27,523.00 
4 $26,196.00 $26,458.00 $27,252.00 $28,342.00 $28,625.00 
5 $27,203.00 $27,475.00 $28,299.00 $29,431.00 $29,726.00 
6 $28,189.00 $28,471.00 $29,325.00 $30,498.00 $30,803.00 
WTA-ESP 29 
The Association and the Administration agree that any ESP who participates in the two fund
raiser activities during the school year will be paid $400.00 over and above his/her regular pay. 
APPENDIX B 
ELECTRONIC COMMUNICATION SYSTEM/NETWORK 
ACCEPTABLE USE POLICY 
It is the policy of the Winthrop Public Schools that staff will use the school district’s
electronic communication system/network (“system/network”), including the Internet, voice
mail, and e-mail, in a responsible, legal, and ethical manner. Failure to do so or otherwise to
comply with this Acceptable Use Policy may result in the suspension or termination of
system/network privileges for the user, disciplinary action up to and including discharge, and/or
prosecution under federal or state law. 
PURPOSE 
The system/network is the property of the school district and is intended to be used for
business purposes only. This may include using the system/network to conduct research and to
communicate with others concerning educational and business matters. 
ACCEPTABLE USE 
Use of the system/network is a privilege, not a right. Any use of the system/network must
be consistent with, and directly related to, the educational objectives and business purposes of
the Winthrop Public Schools. A violation of the terms of this Acceptable Use Policy may result
in the suspension or termination of system/network privileges, and also may result in other
disciplinary action, consistent with any applicable collective bargaining agreements, statutes, or
district-wide disciplinary policies. Users should be aware that violation of these provisions that
constitute a crime also may result in criminal prosecution. 
The following conduct violates the Acceptable Use Policy: 
(a) using the system/network for personal or recreational purposes or activities; 
(b) sending “chain letters” or “broadcast” messages to lists or individuals, or
subscribing to “listserves” or “newsgroups,” without permission; 
(c) accessing discussion groups or “chat rooms” whose purpose is not primarily
educational; 
(d) using the system/network to buy, sell, or advertise anything, without permission; 
(e) using the system/network for gambling purposes; 
(f) using the system/network for political campaigning purposes, including but not 
limited to attempts to influence ballot questions or to promote or oppose a
candidate for public office. 
(g) using or transmitting profane, obscene, vulgar, sexually explicit, threatening,
defamatory, abusive, discriminatory, harassing, criminal, or otherwise 
WTA-ESP 30 
(h) objectionable messages or materials via the system/network; employees are also
prohibited from visiting Internet sites posting such materials and from
downloading or displaying such materials; 
(i) using the system/network for illegal purposes, in support of illegal activities, in a 
manner that violates any federal or state law, or for an activity prohibited by
school district policy, including but not limited to the spreading of computer
viruses; 
(j) using another person’s password or pretending to be someone else when using the
system/network; 
(k) accessing, reading, altering, deleting, or copying another user’s messages or data
without express written approval; 
(l) attempting to gain unauthorized access to system/network programs or computer
equipment, including attempts to override, or to encourage others to override, any
firewalls established on the system/network; 
(m) installing software or data on the system/network without first having the
information scanned by the system/network administrator for viruses or other
incompatibility. 
Employees are required to comply with copyright, software licenses, and intellectual
property laws. The school district strongly condemns the illegal distribution (otherwise known
as “pirating”) of software. Any users who are caught transferring such files through the
network, and whose accounts are found to contain such illegal files, shall have their
system/network privileges terminated. In addition, all users should be aware that software
piracy is a federal offense and is punishable by a fine or imprisonment. 
MONITORED USE 
All messages and information created, sent, or retrieved on the system/network are the
property of the Winthrop Public Schools, and should not be considered to be confidential. The
system/network’s backup mechanism automatically stores communications, including those
that employees “delete.” Although the school district does not plan to review such
communications on a regular basis, it reserves the right to access and monitor all messages and
information on the system, as it deems necessary and appropriate in the ordinary course of
business, to prevent abuse by employees, to ensure the proper use of resources, and to conduct
routine maintenance. Where appropriate, communications, including text and images, may be
disclosed to law enforcement officials in response to proper requests, or to other third parties in
the context of proper requests in the course of litigation, without the prior consent of the sender
or receiver. Employees who use the system/network are considered to have consented to such
monitoring and disclosure. 
The system/network is not to be considered as a resource intended for use as a public forum
or for any purpose that is not directly related to the school district’s business interests. 
WTA-ESP 31 
Chapter 66, Section 10. E-mail communications, therefore, should be printed and maintained in
hard copy in the school district’s files, so that they can be made available to the public, upon
request, for inspection or copying. 
Employees should avoid sending documents or information containing confidential or
sensitive material, such as student record and personnel information, via the system/network,
due to concerns relating to the security of such documents or information. 
Employees should not discuss litigation in e-mail messages, because such messages are not
privileged and are subject to discovery in litigation against the school district. 
LIABILITY 
The Winthrop Public School System assumes no responsibility or liability for: 
(a) any unauthorized charges or fees incurred as a result of an employee’s use of the
system/network, including but not limited to telephone charges, long distance
charges, per minute surcharges, and/or equipment or line charges; 
(b) any financial obligations arising out of the unauthorized use of the network for the
purchase of products or services; 
(c) any information or materials that are transferred through the system/network; 
(d) any cost, liability, or damages caused by a user’s violation of this Acceptable Use
Policy, or any other inappropriate use of electronic resources of the Winthrop
Public Schools. 
The Winthrop Public School System makes no guarantee, implied or otherwise, regarding
the reliability of the data connection, and shall not be liable for any loss or corruption of data
resulting while using the system/network. 
EMPLOYEE CONFIRMATION OF RECEIPT 
I certify that I have received, been provided an opportunity to ask questions about 
the content of, and understand the Electronic Communication System/Network 
Acceptable Use Policy of the Winthrop Public School System. 
I acknowledge that the Winthrop Public School System telecommunication system 
including but not limited to voice mail, fax mail, electronic mail, and access to the 
Internet is Winthrop Public School System property and by my use of the system consent to 
the monitoring of the system. 
I further acknowledge that my continued access to the telecommunication system is
conditioned upon strict adherence to the policy. Any violation of this policy or use of the 
WTA-ESP 32 
Winthrop Public School System telecommunication system for improper purposes shall subject
me to discipline, up to and including discharge. 
______________________________________ 
Employee Name 
_____________________________________ _____________________ 
Employee Signature Date 
APPENDIX C 
ACCESS TO KEYS POLICY 
I, _____________________________, an employee at the _________________ School
in Winthrop, Massachusetts, acknowledge that I have been given keys to the 
_____________________ School. I understand and agree that as a recipient of the keys to the
school, I may access the school as needed in order for me to perform my job. I further
understand that I am not permitted to make additional sets of keys without authorization from
___________________________, nor am I permitted to transfer, give, or loan the keys to any
individual who has not been authorized by ________________________, principal of the
_________________ School to receive a set of keys. A violation of this policy may subject me
to discipline. 
______________________________________ 
Employee Name 
_____________________________________ _____________________ 
Employee Signature Date 
APPENDIX D 
SIDE LETTER OF AGREEMENT 
The principals of each school will be directed to develop a plan to address situations where
an educational support person is required to report before and/or stay after the normal school
day. 
WTA-ESP 33 
APPENDIX E 
LETTER OF UNDERSTANDING 
THE WINTHROP SCHOOL COMMITTEE AND THE WINTHROP TEACHERS’
ASSOCIATION (ESP UNIT) AGREE THAT: 
Upon the recommendation of the Superintendent and approval of the School Committee, the
school-age children of non-resident educational support personnel employed by the Winthrop
Public Schools may enroll, without charge for tuition, in the Winthrop Public Schools, subject
to the following conditions: 
(a) The child may attend the Winthrop Public Schools only after a determination has
been made that there is an available seat. If the number of non-resident students
seeking acceptance exceeds the number of available seats, the students shall be
selected by lottery. The Committee shall be under no obligation to overcrowd a
classroom or hire additional staff to fulfill the terms of this side letter. 
(b) The Winthrop School Committee shall be under no financial obligation or liability
for any Chapter 766, bilingual, or other special program expense in regard to such
non-resident children. 
(c) The Winthrop School Committee shall be under no obligation to supply
transportation to such non-resident children. 
(d) A non-resident child enrolled in the Winthrop Public Schools pursuant to this
Letter of Understanding may remain in the school system as long as: (1) the
parent is employed by the Winthrop Public Schools; (2) the child abides by the
rules and regulations of the School System; (3) there is no additional cost to the
Winthrop Public Schools under paragraphs (b) and (c); and (4) the terms of this
Letter of Understanding remain in effect. 
An individual educational support person, with or without the Winthrop Teachers’
Association, may request to meet with the School Committee to review an unfavorable
decision; however, any decision of the School Committee made pursuant to the terms of this
Letter of Understanding shall not be grievable or arbitrable. 
The effective dates of this Letter of Understanding shall be September 1, 2015, through
August 31, 2018.