Common use of Abolition of Positions Clause in Contracts

Abolition of Positions. 1. If the Board of Education abolishes a position within the bargaining unit the services of the teacher having the least seniority within the tenure area of the position abolished shall be discontinued. 2. If there is no position available in the teacher’s tenure area and if that tenured teacher whose position was eliminated has certification in another area, he/she will get first chance at a position if such a position in the other area is open or becomes available. 3. If a teacher who has been terminated due to abolition of positions is not certified in other subjects in another tenure area he or she may submit a plan of study leading to certification in a subject for which an available vacancy exists. Such plan setting forth the courses and when and where they will be taken, will be submitted to the Superintendent for review. If it is determined by the Superintendent that the course work can be completed within a reasonable period of time and reasonable assurances are received from the State Education Department indicating that a waiver of certification can be obtained under the circumstances, then the teacher will be given consideration for the vacancy. However, the Board retains its rights to appoint the candidate of its choice. If the teacher submitting such plan is chosen to fill the vacancy, the credits approved in the plan will be reimbursed at the teacher's request based upon the regular tuition paid by the teacher upon presentation of official receipts and transcripts signifying successful completion of the course. If courses are reimbursed in this manner they will not be credited on the salary schedule pursuant to Article 22.

Abolition of Positions. 1. If the Board of Education abolishes a position within the bargaining unit the services of the teacher having the least seniority within the tenure area of the position abolished shall be discontinued. 2. If there is no position available in the teacher’s tenure area and if that tenured teacher whose position was eliminated has certification in another area, he/she will get first chance at a position if such a position in the other area is open or becomes available. 3. If a teacher who has been terminated due to abolition of positions is not certified in other subjects in another tenure area he or she may submit a plan of study leading to certification in a subject for which an available vacancy exists. Such plan setting forth the courses and when and where they will be taken, will be submitted to the Superintendent for review. If it is determined by the Superintendent that the course work can be completed within a reasonable period of time and reasonable assurances are received from the State Education Department indicating that a waiver of certification can be obtained under the circumstances, then the teacher will be given consideration for the vacancy. However, the Board retains its rights to appoint the candidate of its choice. If the teacher submitting such plan plan, is chosen to fill the vacancy, vacancy the credits approved in the plan will be reimbursed at the teacher's request based upon the regular tuition paid by the teacher upon presentation of official receipts and transcripts signifying successful completion of the course. If courses are reimbursed in this manner they will not be credited on the salary schedule pursuant to Article 22.