Grandfather Provision for ESY. A list of teachers who were employed in ESY summer school programs during the summer of 2012 will be prepared in cooperation with the SCEA. Teachers on that list who are qualified for any open ESY summer school teaching programs will be offered teaching positions before other candidates are considered. Teachers from the list who continue to be employed in consecutive years of summer school service will be paid Pro Rata Pay. Teachers who are on the Pro Rata ESY List that are assigned to provide ESY summer school services to a student who is in a year-round homebound setting shall continue to receive Pro Rata Pay for the summer school instruction for as long as they are consecutively employed in an ESY position. Teachers assigned to these students that are not on the Pro Rata ESY List shall be compensated at the hourly rate for summer work. Teachers will be removed from the list if they are not consecutively employed in a summer school ESY position from year-to-year and will no longer be eligible for first consideration or Pro Rata Pay under this Agreement. Teachers from said list who are in any process of formal performance remediation or discipline will not be eligible for consideration under this Agreement. The decision to remove teachers from the list based on performance concerns is not grievable.
