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.

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 Failure to reply, in writing, (within such 10 day period from receipt shall constitute waiver on the part of notificationsuch teacher regarding the position(s) offered. Failure to recall/reply, in writing, within such 10 day period shall constitute waiver on the part of any teacher to any further rights of employment or reinstatement to a permanent position offered involving at least the number of hours of work from which the teacher was placed on unrequested leave and shall forfeit any further recall/reinstatement or reemployment re-employment rights. A qualified teacher who rejects recall/reinstatement (1st time) to a permanent positionHowever, 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 any available position is given to any qualified teacher on or after August 1 in 16 of any school year, such teacher shall have the right to defer the effective date of return to actual service until the beginning of the next succeeding school year if they are employed by another public school district that will not release him/her from an existing contract. A teacher so deferring the date of their return to actual service shall sign an individual teacher contract for such 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 accepts a position the 1st timebut defers their effective day of return as provided in this section, 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.