Common use of NECESSARY REDUCTION OF PERSONNEL Clause in Contracts

NECESSARY REDUCTION OF PERSONNEL. 1. The Board and the Local Association realize that education, to a large degree, depends upon the financial resources available to the Board, and in accordance with this realization, understand that in some instances it may be economically necessary to reduce the educational program and subsequently the staff when funds are not available. 2. It is hereby specifically recognized that it is within the sole discretion of the Board of Education to reduce the educational program and the staff when economic necessity dictates. 3. Notice of layoff of ancillary staff in the K-12 program shall be made no later than 30 days before the end of the first semester and no later than May 31, for the following school year. When the Board determines that ancillary staff layoffs are necessary, an up-to-date seniority list shall be made available in all buildings prior to the layoff notices so that members can verify and/or update valid certification(s). Any employee who collects unemployment compensation during the summer months (MESC’s “summer denial period”) and who is recalled as an employee by August 1, shall reimburse the District the amount of benefits through payroll deduction or direct payment to the District. In Adult/Alternative Education, notice of ancillary staff layoff shall be given as soon as possible but not less than 30 days in advance. In the case of an agency or client reduction in staff (DSS, PineRest, Business and Industrial Programs), it may be necessary to reduce the number of days below thirty (30), but a minimum of fourteen (14) days notice shall be given. When scheduled classes are canceled, subsequent to the tentative assignment date, no advance notice of layoff is required. 4. In order to promote an orderly reduction in personnel when the educational program is curtailed, the following procedure shall be used: a. Probationary ancillary staff employees within each division shall be laid off first where any non-probationary whose position has been curtailed is certified and qualified to perform the services of the probationary ancillary staff. b. In the event seniority ancillary staff must be laid off, layoff of ancillary staff shall be determined by the following order within each division (K-12 and Adult/Alternative Education): 1) Certification 2) Seniority within classification

NECESSARY REDUCTION OF PERSONNEL. Layoff. Economics, student enrollment and student programs may require a reduction to the educational program, curriculum and staff. 1. The Board and the Local Association realize that education, to a large degree, depends upon the financial resources available to the Board, and in accordance with this realization, understand that in some instances it may be economically necessary to reduce the educational program and subsequently the staff when funds are not available. 2. It is hereby specifically recognized that it is within the sole discretion of the Board of Education to reduce the educational education program and the staff when economic necessity dictatescurriculum. 32. Notice of layoff of ancillary staff in the K-12 program shall be made no later than 30 days before the end of the first semester and no later than May 31, for the following school year. When the Board determines that ancillary staff layoffs are necessary, an up-to-date seniority list shall be made available in all buildings prior to the layoff notices so that members can verify and/or update valid certification(s). Any employee who collects unemployment compensation during the summer months (MESC’s “summer denial period”) and who is recalled as an employee by August 1, shall reimburse the District the amount of benefits through payroll deduction or direct payment to the District. In Adult/Alternative Education, notice of ancillary staff layoff shall be given as soon as possible but not less than 30 days in advance. In the case of an agency or client reduction in staff (DSS, PineRest, Business and Industrial Programs), it may be necessary to reduce the number of days below thirty (30), but a minimum of fourteen (14) days notice shall be given. When scheduled classes are canceled, subsequent to the tentative assignment date, no advance notice of layoff is required. 4. In order to To promote an orderly reduction in personnel when the educational program is curtailed, the following procedure shall will be used: a. Teachers and school social workers within the system may be given the opportunity to elect a one-half (1/2) day assignment if the schedule permits for one (1) school year. It is expressly understood that the teacher and school social worker shall return to full time teacher status at the end of that school year. The teacher may re-apply for half time status each year. b. Probationary ancillary staff employees within each division shall will be laid off first where any non-probationary whose position tenured teacher who has been curtailed is certified and highly qualified (if applicable) to perform the services of the probationary ancillary staffteacher or probationary school social worker. b. c. In the event seniority ancillary staff teachers and school social workers must be laid off, layoff it is understood that certification and being highly qualified as required by the Department of ancillary staff Education shall be of paramount importance. No teacher will be retained that does not have the necessary certification and qualifications to fill the remaining positions as determined by the following order Board of Education. Certification and qualification is required at the time of layoff. Once the requirement of certification and qualification is satisfied, teachers and school social workers will be laid off by seniority. Where seniority is equal, management will decide which teacher will be laid off on the basis of knowledge, skill and efficiency on the job as determined by the teachers’ classroom visitations and summary evaluations, and consideration of extra- curricular activities. It is expressly understood that the Association shall have the right to review the layoff list prior to notification of the individuals to be laid off. In the event of a dispute concerning the layoff list, the Association shall have the right to file a written grievance thereon within not more than seventy- two (72) hours after the meeting. The administration shall not be required to engage in creative scheduling to keep the most senior teachers on the staff. d. Laid off tenure teachers may apply for reserve teacher status. If the superintendent accepts the application, the teacher shall then agree to substitute teach each division (K-12 day of the school year at no less than the rate for long term substitutes, and Adult/Alternative Education):in addition thereto shall continue to receive insurance benefits as provided in the Master Agreement. Reserve teachers shall not accumulate seniority while in reserve status and shall be excluded from the bargaining unit, to the extent permitted by law. 1) Certification 2) Seniority e. The Association and the District will meet to discuss a solution if any teacher is found not to be highly qualified within classificationhis or her current assignment.

NECESSARY REDUCTION OF PERSONNEL. 1. The Board and the Local Association realize that education, to a large degree, depends upon the financial resources available to the Board, and in accordance with this realization, understand that in some instances it may be economically necessary to reduce the educational program and subsequently the staff when funds are not available. 2. It is hereby specifically recognized that it is within the sole discretion of the Board of Education to reduce the educational program and the staff when economic necessity dictates. 3. Notice of layoff of ancillary staff in the K-12 program shall be made no later than 30 days before the end of the first semester and no later than May 31, for the following school year. When the Board determines that ancillary staff layoffs are necessary, an up-to-date seniority list shall be made available in all buildings prior to the layoff notices so that members can verify and/or update valid certification(s). Any employee teacher who collects unemployment compensation during the summer months (MESC’s “summer denial period”) and who is recalled as an employee a teacher by August 1, shall reimburse the District the amount of benefits through payroll deduction or direct payment to the District. In Adult/Alternative Education, notice of ancillary staff layoff shall be given as soon as possible but not less than 30 days in advance. In the case of an agency or client reduction in staff (DSS, PineRestPine Rest, Business and Industrial Programs), it may be necessary to reduce the number of days below thirty (30), but a minimum of fourteen (14) 14 days notice shall be given. When scheduled classes are canceled, subsequent to the tentative assignment date, no advance notice of layoff is required. 4. In order to promote an orderly reduction in personnel when the educational program is curtailed, the following procedure shall be used: a. Probationary ancillary staff employees within each division shall be laid off first where any non-probationary tenured teacher whose position has been curtailed is certified and qualified to perform the services of the probationary ancillary staffteacher. b. In the event seniority ancillary staff teachers must be laid off, layoff of ancillary staff shall be determined by the following order within each division (K-12 and Adult/Alternative Education): 1) Certification 2) Seniority within classification