Public Charter School in Boston Reaches Historic Agreement with State Teachers` Union

One of Nation`s First Merit Pay Agreements Paves Way for Continued Innovation in
Education

BOSTON--(Business Wire)--
The Conservatory Lab Charter School, a pre-K to grade 5 music-based public
school in Boston, announced that it has approved a contract with the
Massachusetts Federation of Teachers that will cover its unionized employees for
the next three years. The agreement is significant not only because it is the
first charter school union contract in Massachusetts, but also for provisions of
the agreement that reflect a shared commitment between the faculty and the
leadership of the School to implementing educational practices that are
innovative and supported by evidence to produce improved results for young
children in schools. Notable provisions support evidence-based practices in
length of school day and child development initiatives, and professionalism of
the faculty through a merit pay compensation structure and active role in the
design and execution of professional development and curriculum design.

The agreement`s merit pay compensation structure is believed to be the first of
its kind in the nation. According to the pay provisions, the Head of School will
determine where teachers should be placed among one of eight salary levels in
years two and three of the contract, based entirely on performance. The system
is unique because of its universal application to all teachers, and for the
absence of any right to challenge merit pay placement at arbitration. Teachers
unions have fiercely opposed merit pay in negotiations, and limited its
application in other public school systems to performance-based compensation
that is either voluntary or applicable only to bonus or other supplemental forms
of income, or that otherwise preserves the right to challenge merit
determinations in arbitration. The Charter School contract goes much further
with its universal application of merit pay, with no right to appeal
performance-based pay determinations.

Under the agreement, a committee of teachers and administrators will determine
performance criteria that may then be applied by the Head of School in merit pay
determinations. According to Head of School Diana Lam, "We are dedicated to
including teachers in the development of performance criteria and the
professional development process." The Head of School retains final discretion
to determine criteria if the committee is unable to agree. "My hope is that
final authority with the Head of School will foster reasonable discussions and
the ability to reach consensus" said Lam, who was part of the School negotiating
team headed by Scott Merrill of law firm Foley Hoag LLP.

Organizing efforts by the Teachers` Union began quietly at the start of the
school year 2008 under a newly-passed state law that allows unionization without
an election if 60 percent of employees sign an authorization card. The Union`s
sudden certification by the State Division of Labor Relations in early November
surprised the School, which then faced the daunting task of entering the first
charter school contract negotiations in the State.

The School`s Board of Trustee Chair, Stephanie Perrin, observed: "A lot was at
stake in these negotiations for the School, and the charter movement. The result
is a contract that supporters of charter schools can be proud of." Lam agreed:
"This contract preserves the charter school ethos by reflecting a commitment to
students, flexibility and innovation, as well as to the professionalism of
teachers. We see the contract as a win for students and teachers alike."

The School`s Board of Trustees approved the contract in a vote late yesterday,
after the Union`s members voted in favor of it in a late-August 11-5 vote.

About The Conservatory Lab Charter School

The Conservatory Lab Charter School (CLCS) is a public school in the Brighton
neighborhood of Boston serving, in 2007-08, 154 children (fully enrolled) in
grades K-5 from throughout the city. The school received its charter in 1998 and
opened in 1999. The school recently amended its charter to add a K1 class and
increase its enrollment to 154 students. CLCS employs a Learning Through Music
curriculum as a way to provide quality education to the urban youth of Boston.

CLCS supports high levels of achievement for its students applying an innovative
curriculum that not only teaches traditional academic subjects as important,
independent areas of study, but also fuses these subjects and social/emotional
development with musical studies. Children explore math, language arts, science,
and social studies through musical projects and lessons whenever such
interdisciplinary study is practicable. Moreover, the shared language and
culture of music promotes a thriving school community that successfully welcomes
children and families from diverse linguistic and cultural experiences. As a
laboratory, CLCS is developing the Learning Through Music model that can be
replicated in other elementary schools across America. For more information,
visit: www.conservatorylab.org.

About Foley Hoag

Foley Hoag provides comprehensive legal services to clients throughout the
United States and around the world. The firm`s 225 lawyers located in Boston and
Washington, D.C. provide creative solutions and results-oriented advice in the
areas of bankruptcy, restructuring and workouts; corporate finance, mergers and
acquisitions, and IPOs; labor and employment; litigation; environmental issues
and land use; government strategies; intellectual property; tax, trusts and
estates; and white collar and business crimes. For more information, visit
www.foleyhoag.com.

Scott Merrill
Foley Hoag LLP
617-832-1174
smerrill@foleyhoag.com

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