Common use of PROCEDURES FOR REDUCTION IN STAFF Clause in Contracts

PROCEDURES FOR REDUCTION IN STAFF. Ⓐ AUTHORITY/DEFINITION The Board of Education of Montgomery County retains the right to reduce its force, and its decision on such reduction is not subject to the grievance procedure. However, any action taken under Sections B, C, and D of this Article shall be grievable. Reduction of professional staff shall mean that the ter- mination of a unit member(s) will occur because of one or more of the following reasons: 1. Decrease in student enrollment 2. Changes in curriculum 3. Decline in subject or grade level enrollment 4. Budget limitations 1. Unit members holding Class II certificates 2. Non-tenured unit members holding provisional certificates 3. Non-tenured unit members holding regular certificates 4. Tenured unit members 1. Any unit member whose service has been ter- ARTICLE ARTICLE 2. In the event that a unit member does not desire at the time of termination to be placed on the list for priority consideration for employment, he/she shall receive full payment of all earned unused leave. Tenured unit members shall also be entitled to either of the payments listed below. a. Terminated unit members with tenure and less than 12 years of MCPS service will receive, in ad- dition, one month’s salary for each year of MCPS service up to a limit of six month’s salary. b. Terminated unit members with tenure and 12 or more years of MCPS service will receive, in addition, one month’s salary for each year of MCPS service up to a limit of 12 month’s salary. F A list will be supplied to MCEA by the Office of Human Resources and Development which that department will use in reductions in force consistent with the procedures and factors listed in this Article. G The offices of the chief operating officer, human re- sources and development, and school performance will review the list to determine jointly who will be notified of termination. Termination notices will be hand-delivered to affected unit members by a human resources repre- sentative who will explain the reduction-in-force and recall procedures. H A Preference for Reassignment form will be completed for each terminated unit member to assist in the recall and reassignment process. I Information sessions to discuss two-year priority con- sideration for reemployment and other fringe benefits due terminated unit members will be arranged by the Department of Recruitment and Staffing. Unit members will also be informed to keep in close contact with a specific human resources representative. J After unit members involuntarily transferred and re- turning from leave have been placed, the Office of Human Resources and Development, utilizing the prepared list and following established procedures, will recall and reassign unit members terminated through reduction in force as appropriate vacancies occur.

PROCEDURES FOR REDUCTION IN STAFF. Ⓐ AUTHORITYA aUtHoritY/DEFINITION DEFinition The Board of Education of Montgomery Xxxxxxxxxx County retains the right to reduce its force, and its decision on such reduction is not subject to the grievance procedureprocedure . However, any action taken under Sections B, C, and D of this Article shall be grievablegrievable . Reduction of professional staff shall mean that the ter- mination of a unit member(s) will occur because of one or more of the following reasons: 11 . Decrease in student enrollment 2enrollment 2 . Changes in curriculum 33 . Decline in subject or grade level enrollment 4enrollment 4 . Budget limitationslimitations B ProCEDUrE In any reduction in personnel within any given field of instruction, the determination of those who are to be released will be in the following order: 11 . Unit members holding Class II certificates 22 . Non-tenured unit members holding provisional certificates 33 . Non-tenured unit members holding regular certificates 44 . Tenured unit membersmembers When a reduction in professional staff is necessary, a unit member’s length of MCPS service and quality of job performance will receive equal consideration in determining those individuals who will be terminated . Among additional factors to be considered will be the competency of the teacher as related to the program needs of the school . For the duration of this contract, length of MCPS service will be given additional weight for unit members with six or more years of service with MCPS, unless individuals with demonstrably superior qualifications are available for the positions . C rECaLL 11 . Any unit member whose service has been ter- ARTICLE ARTICLEminated because of the elimination of a position or a reduction in professional staff shall for a period of three years receive priority consideration for re- employment if he/she so desires and if appropriate vacancies develop . 22 . In the event that a unit member does not desire at the time of termination to be placed on the list for priority consideration for employment, he/she shall receive full payment of all earned unused leaveleave . Tenured unit members shall also be entitled to either of the payments listed belowbelow . a. a . Terminated unit members with tenure and less than 12 years of MCPS service will receive, in ad- dition, one month’s salary for each year of MCPS service up to a limit of six month’s salarysalary . b. b . Terminated unit members with tenure and 12 or more years of MCPS service will receive, in addition, one month’s salary for each year of MCPS service up to a limit of 12 month’s salarysalary . D Any unit member who is terminated due to a reduction in force may be placed on leave without pay for the six months immediately following the end of duty and may choose to continue membership in the health benefit plans offered by the Board of Education by paying the full cost of membership in these plans during those six months . E The superintendent will attempt to provide a period of retraining for tenured unit members so that they can be placed in positions for which they would not otherwise qualify without such training . F A list will be supplied to MCEA by the Office of Human Resources and Development which that department will use in reductions in force consistent with the procedures and factors listed in this ArticleArticle . G The offices of the chief operating officer, human re- sources and development, and school performance will review the list to determine jointly who will be notified of terminationtermination . Termination notices will be hand-delivered to affected unit members by a human resources repre- sentative who will explain the reduction-in-force and recall proceduresprocedures . H A Preference for Reassignment form will be completed for each terminated unit member to assist in the recall and reassignment processprocess . I Information sessions to discuss two-year priority con- sideration for reemployment and other fringe benefits due terminated unit members will be arranged by the Department of Recruitment and StaffingStaffing . Unit members will also be informed to keep in close contact with a specific human resources representativerepresentative . J After unit members involuntarily transferred and re- turning from leave have been placed, the Office of Human Resources and Development, utilizing the prepared list and following established procedures, will recall and reassign unit members terminated through reduction in force as appropriate vacancies occuroccur .