Common use of Process When Position Becomes Available Clause in Contracts

Process When Position Becomes Available. If a position becomes available for a qualified teacher on ULA the District shall send by certified mail the notice to all teachers on ULA certified for such position. The teachers will be asked to respond in writing within (10) days from receipt of notification whether or not they will accept such position if the order of seniority makes them eligible for the position. When 2 or more positions in the same area of licensure become available at approximately the same time, such teachers shall be asked to respond in writing within 10 days from receipt of notification by giving numerical preference for each available position, and their preference shall be granted in order of seniority from among positions remaining. A qualified teacher who fails to reply, in writing, (within such 10 day period from receipt of notification) to recall/reinstatement to a permanent position offered involving at least the number of hours of work from which the teacher was placed on unrequested leave shall forfeit any further recall/reinstatement or reemployment rights. A qualified teacher who rejects recall/reinstatement (1st time) to a permanent position, offered prior to August 1, involving at least the number of hours of work from which the teacher was placed on unrequested leave shall be allowed to remain on unrequested leave status. A qualified teacher who rejects recall/reinstatement to a permanent position a 2nd time (2nd time – counts as 2nd rejection if in a different year than 1st rejection), offered prior to August 1, involving at least the number of hours of work from which the teacher was placed on unrequested leave, shall forfeit any further recall/reinstatement or reemployment rights. If notice of recall is given to any qualified teacher after August 1 in any school year, such teacher shall have the right to defer the effective date of return until the beginning of the next succeeding school year. If the notice of recall/reinstatement is provided again to the same qualified teacher, in the following year prior to June 30, the teacher shall accept the position or shall forfeit any further recall/reinstatement or reemployment rights In the event a teacher rejects recall/reinstatement to a position the 1st time, the District shall be free to fill the vacant position on a temporary basis from any source, subject to the provisions of Subd. 4 below. The District shall also be free to fill any position on a temporary basis pending completion of the recall procedure. A teacher on unrequested leave may choose to terminate (i.e. retire, resign) employment at any time rather than remain on unrequested leave.