REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layoff. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 9 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of ~~layoff~~lay off. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. ~~Layoff~~ Lay off shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layoff. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of ~~layoff~~lay off. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of ~~full-~~full- time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. ~~Layoff~~ Lay off shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek ~~re-~~re- employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In If, in the ~~event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation~~ exclusive judgment of the ~~reasons~~Board, it is determined to reduce the number of teachers on continuing contract or professional services contract, the Board shall attempt to accomplish such reduction by attrition. ~~Such notification~~ Prior to reducing the number of continuing contract/professional services contract teachers as provided herein, the Union shall be ~~prior~~ given the opportunity to ~~formal School Board action relating to~~ express its views regarding such reduction. If such reduction ~~in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must~~ of teachers on continuing contract cannot be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layoff. For non-certified positionsaccomplished by attrition, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be ~~used for recall~~utilized: 1. ~~Each employee~~ Annual contract reappointments for the identified grade(s)/subject(s)/special area(s) shall ~~be responsible for maintaining with~~ not happen until the ~~Employment Services Department,~~ Reduction in ~~writing, a telephone number and an address to which a notice of recall may be sent~~Force is completed. 2. The Board shall ~~determine~~ identify the ~~subject areas and/or programs and~~ instructional assignment(s) [grade(s)/subject(s)/special area(s)], to be reduced across the ~~positions~~ district. In excluding teachers from reappointment, the district shall first non-reappoint teachers whose most recent evaluation is Unsatisfactory. Next the district shall non-reappoint those teachers whose most recent evaluation is Needs Improvement. Next the district shall non-reappoint those teachers who most recent evaluation is Effective. In any cases of a tie among teachers of the same evaluation rating, the next determinant to be used shall be the area of certification then the years of continuous, creditable years of teaching experience, in which teachers with the most years of experience being the last to be identified for ~~which recall will be made~~reduction in force. 3. ~~Employees~~ No continuing contract or professional services contract teacher who is subject to reduction pursuant to this Article shall be ~~recalled~~ reduced while an annual contract teacher is employed in ~~inverse order of their layoff according to~~ a position for which the ~~sequential factors~~ continuing contract or professional services contract teacher is certified, as provided by law. B. In the event it is determined a reduction in ~~Section C. above. These employees~~ teachers shall occur, the Union President shall be ~~recalled~~ given the opportunity to ~~schools/programs~~ discuss the reduction with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. ~~b. Full-~~C. If the Board shall determine to employ teacher(s) at any time ~~teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time~~ during the seventeen (17) calendar months next following such reduction in staff, such positions shall ~~retain their recall rights for full~~be offered in writing to the last highly effective or effective continuing contract or professional services contract teacher in such instructional assignment terminated in the inverse order of lay-~~time~~ off, provided such teacher holds the required certification and ~~half-time positions~~is deemed by the Board to be qualified to fulfill the educational requirements of the district. Such offer, ~~respectively~~delivered in person or by certified mail, shall be to the most current address of the teacher as reflected in the records of the Board. ~~4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees~~ D. Nothing herein shall prohibit teachers who have ~~five days~~ been reduced pursuant to ~~respond to a notice of recall~~this Article from seeking and/or accepting gainful employment elsewhere. ~~5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed~~ E. Nothing in this Article shall be construed as ~~declining an offer~~ to prevent the Board from providing staff balances to comply with mandated programs or to preclude or overcome any form of ~~reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future~~illegal discrimination. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

REDUCTION IN FORCE. A. In The Reduction in Force article shall apply to all releases, layoffs, or terminations for non- personal reasons. Nothing in this article is intended to modify the ~~event~~ discretion of the school board to non-renew probationary members under the Fair Dismissal Law (ORS 342.835) for any reason deemed in good faith sufficient so long as such reasons are personal to the member. B. The District shall determine when a reduction in force ~~becomes~~ is necessary and which programs shall be affected. When considering a reduction in force, the ~~Superintendent shall notify~~ District shall, insofar as reasonably practicable, provide forty-five (45) calendar days written notice prior to the end of the school year to the Association ~~of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to~~ that such reduction in ~~force. B. The Board~~ force is under consideration and shall ~~determine the subject~~ specify which program areas ~~and/or programs~~are being considered. At least thirty (30) calendar days prior to individual lay-off notices being issued, a complete bargaining unit seniority and ~~the positions in which reductions must be made. The Association~~ certification list shall be ~~notified~~ provided to the Association. Individual lay-off notices shall be issued no later than twenty (20) calendar days prior to the end of ~~such determinations~~the school year. If reduction of force is necessary at midyear, the District shall, insofar as reasonably practicable, follow the sequence/timing of the procedure as outlined. C. ~~Certification~~In conducting a layoff under this Article, ~~contract type, seniority, and level of degree shall be sequentially used, as outlined below, to~~ the District will first determine the ~~order of layoff. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a~~ program(s) or area(s) scheduled for reduction ~~in force shall be used to determine his/her placement within the above factors~~or elimination. 1. ~~Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas~~After such determination, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District ~~has determined there is a need~~ will make every reasonable effort to ~~utilize the provisions~~ transfer members in ~~1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs~~ such program(s) or area(s) to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling vacant positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sentthey are properly licensed. 2. The ~~Board shall determine~~ District will make every reasonable effort to combine positions in a manner, which allows members to remain licensed so long as the ~~subject areas and/or programs and~~ combined positions meet the ~~positions for which recall will be made~~curricular needs of the District. 3. ~~Employees~~ Layoffs will be based upon the criteria set forth in Section D. D. In the event the District, in its discretion, determines that a layoff is necessary, then it will determine the members to be retained by means of the following criteria: 1. A determination of whether the members to be retained hold the proper licensure to fill the remaining position(s). 2. A determination of the seniority of the member to be retained. "Seniority" shall be ~~recalled~~ measured from the first day on the job for pay purposes inclusive of approved leaves of absences. The seniority of members with the same hire date will be determined by a one-time drawing of “lots". The drawing will occur by October 1st of each school year and will include all members hired that year. The drawing will be held in ~~inverse order of their layoff according to~~ the ~~sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless~~ presence of the ~~school/program~~ KFCS Director of Human Resources and the KFEA President. Once seniority within each hire year has been established, it becomes permanent and will follow the member throughout their employment in the District. If an employee resigns from ~~which they were laid off. a. Nothing herein shall preclude offering~~ the District and is rehired at a ~~qualified teacher on~~ later time, seniority for the ~~recall list reemployment out-of-field~~purpose of RIF is calculated using the most recent hire date. Once recorded, ~~upon recommendation~~ copies of the ~~Employment Services Department~~ updated seniority list will be available at both the KFCS Personnel Office and the ~~Superintendent~~OEA Office. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of ~~layoff~~lay off. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions ~~in 1.b~~in 1. b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. ~~Temporary Contract~~temporary contract b. ~~Annual Contract~~annual contract c. ~~Professional Services~~ professional services or ~~Continuing Contract~~continuing contract 3. Seniority shall be calculated from the first duty day of the most recent period of ~~full-~~full- time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. ~~Layoff~~ Lay off shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek ~~re-~~re- employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of ~~layoff~~lay off. For ~~non-certified~~ non‐certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching ~~out-of-field~~ out‐of‐field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the ~~out-of-field~~ out‐of‐field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: (1) Recency of teaching experience in the subject/discipline and/or program. (2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. (3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. ~~Temporary Contract~~temporary contract b. ~~Annual Contract~~annual contract c. ~~Professional Services~~ professional services or ~~Continuing Contract~~continuing contract 3. Seniority shall be calculated from the first duty day of the most recent period of ~~full-time~~ full‐time continuous employment within the District, exclusive of ~~long-term~~ long‐term leaves of absence without pay. ~~Half-time~~ Half‐time experience shall count as ~~one-half~~ one‐half of ~~full-time~~ full‐time experience for the purpose of calculating seniority. ~~Layoff~~ Lay off shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a ~~long-term~~ long‐term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment ~~out-of-field~~out‐of‐field, upon recommendation of the Employment Services Department and the Superintendent. b. ~~Full-time~~ Full‐time teachers on recall who decline ~~half-time~~ half‐time positions and ~~half-time~~ half‐time teachers on recall who decline ~~full-time~~ full‐time positions shall retain their recall rights for ~~full-time~~ full‐time and ~~half-time~~ half‐time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment~~. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future~~. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. 1. If the bargaining unit staff is to be reduced, retirements, resignations and leaves of absence in effect will be considered prior to other methods of staff reduction. 2. If reduction in force remains imminent, the Superintendent subject to applicable laws, shall determine the order in which employee(s) shall be released within the following categories. • Elementary • Within a department at the secondary level • Within an area of specialization a. An employee with professional teacher status (PTS) shall not be released before a non-professional teacher status employee if there is a position available which the professional status employee is qualified to fill. A list of all non PTS positions shall be made available to PTS employees designated to be laid off. Termination b. In the event ~~a reduction in force~~ it becomes necessary to lay off a teacher with PTS, the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to will determine the order of ~~layoff. For non-certified positions~~the layoffs based on the following criteria: • Teacher certification appropriate to grade level and subject area; • Teachers’ qualifications shall include: job performance, including overall ratings on teacher evaluations conducted in accordance with district evaluation procedures; • The criteria for determining qualifications shall be based upon indicators of job performance, defined as formative and summative overall ratings resulting from comprehensive evaluations with proficient and exemplary considered equivalent; • In the event that teachers’ qualifications, based on these criteria are relatively equal, the ~~sequence shall begin with seniority~~best interest of students in the school in the district will be considered. 3. The ~~employee~~following factors will be used by the Superintendent in determining the best interest • of the students in the District: Professional and initial educator’s ~~status on~~ license over temporary, provisional and emergency license; • Highest educational degree attained; • The number of graduate credits beyond the ~~date of official notice to~~ highest degree attained by the ~~Association of a reduction in force~~ teacher. The Superintendent’s determination shall be ~~used~~ made in accordance with the forgoing factors, with equal weight given to ~~determine his/her placement within~~ each. In the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be event candidates are equally qualified as determined by the ~~area of current certification. If half or more of the requirements have been completed when a layoff occurs~~Superintendent, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type seniority shall be ~~used to determine~~ the ~~order of layoff in~~ tie breaker with the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniorityleast senior teacher being laid off. 4. ~~The lowest degree level or its equivalent shall be laid off first. 5.~~ A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining teacher’s placement on the ~~unassigned list~~ salary schedule shall ~~then~~ not be ~~reassigned to these positions. F. No new employee shall be placed~~ a factor in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless consideration of the ~~school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation~~ best interest of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recallstudents. 5. If a teacher is laid off without fault due to a reduction in force, and if said teacher, within two years after said layoff is reappointed by the ~~employee declines an offer~~ Superintendent, at his/her sole discretion, to a full time classroom teaching position for a consecutive period of ~~reemployment~~not less than one year (as defined in VII K.3), ~~s/he~~ then upon said appointment said teacher shall have ~~no further right to recall. Failure to respond to a notice of recall within~~ restored all seniority and other benefits held at the time ~~limits prescribed shall~~ the lay-off became effective. Preference in filling vacancies will be ~~construed as declining an offer of reemployment. If a teacher declines or fails~~ given to ~~respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment~~ teachers with ~~the District~~ prior experience teaching in the ~~future~~Westport School System based on their seniority at the time of lay-off, provided that the criteria other than seniority set forth in Article VII, Section H, paragraph 1 are not clearly inferior to those of other applicants. By September 1st of each year, the Superintendent shall provide the WFT President with a list of former employees who have recall rights, if requested. 6. ~~Upon reemployment~~ For all non-teaching positions (nurses, school adjustment counselors, speech therapists, and other positions covered by the recognition clause) seniority will be the determining factor (least senior first laid off) when qualifications are equal as determined by the Superintendent. The Superintendent shall not exercise this discretion in an arbitrary or capricious manner. If a non-teacher employee is laid off without fault due to a reduction in force, and if said employee, within two years after said layoff is appointed by the Superintendent, at his/her sole discretion, to a full time position for a consecutive period of not less than one year (as defined in VII K.3), then upon said appointment said employee shall ~~be placed on the salary schedule and granted~~ have restored all seniority and other benefits ~~as if s/he had been~~ held at the time the lay-off became effective. Preference in filling vacancies will be given to employees with prior experience in the Westport School System based on ~~an unpaid leave~~ their seniority at the time of ~~absence~~lay-off., provided that the criteria other than seniority set forth in Article VII, Section H, paragraph 1 are not clearly inferior to those of other applicants. ~~Any waiting period required~~ By September 1st of ~~new~~ each year, the Superintendent shall provide the WFT President with a list of former employees ~~for receipt of insurance benefits shall be waived~~who have recall rights.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. ~~A. In~~ The Springfield Public Schools has the ~~event a reduction~~ right to lay off teachers and other staff due to reductions in force ~~becomes necessary~~ or reorganizations resulting from declining enrollment or other budgetary or operational reasons. The Springfield Public Schools will establish the ~~Superintendent shall notify~~ selection criteria for layoffs of teachers and other staff. Such selection criteria may include, but are not limited to qualifications, licensure, work history (including elements such as discipline, attendance, evaluations, etc.), multiple measures of student learning, operational need and the ~~Association of such necessity in writing with an explanation~~ best interests of the ~~reasons~~students. ~~Such notification shall~~ Where all other factors are equal, seniority may be ~~prior to formal School Board action relating to such reduction in force. B. The Board shall determine~~ used as the ~~subject areas and/or programs, and the positions in which reductions must be made~~deciding factor. The ~~Association shall be notified of such determinations. C. Certification, contract type, seniority,~~ SEZP has the right to reassign teachers and ~~level of degree shall be sequentially used, as outlined below, to determine~~ other staff who have been displaced from their positions. After discussion with the ~~order of layoff. For non-certified positions~~affected teacher or staff member, the ~~sequence shall begin with seniority. The employee’s status on the date of official notice~~ teacher or staff member may be assigned to ~~the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification~~ any open position for ~~each teacher shall be established~~which he or she is qualified. If a the teacher ~~has certification in two~~ or ~~more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher~~ staff member is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior not assigned to a ~~layoff, if the District has determined there is a need to utilize the provisions in 1.b. above~~mutually agreeable position, the ~~parties shall mutually identify~~ SEZP will assign the ~~subjects/disciplines and/or programs~~ teacher or staff member to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which ~~a certified and/or qualified~~ he/she is qualified. Such an assignment may include instructional support, substitute teaching or administrative tasks. If no such position exists, the teacher shall be laid off, subject to applicable statute. The SEZP retains the right to determine the number of teaching positions and other professional positions which are needed in the SEZP schools. The School Committee retains the right to determine the employees to be laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining consistent with provisions above, the ~~Employment Services Department~~General Laws of the Commonwealth, ~~in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs~~ and the ~~positions for which recall~~ Regulations of the Massachusetts Department of Elementary and Secondary Education. Whenever possible, and if SEZP determines it to be in the best interests of the students, staff reductions will be ~~made. 3~~accomplished by attrition. ~~Employees shall~~ If a position becomes vacant it will be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering eliminated or a qualified teacher on will be transferred to that position at SEZP’s sole discretion, in order to lessen the ~~recall list reemployment out~~impact of any reduction in force. A teacher with professional status shall not be dismissed if there is a teacher without professional status employed whose position the teacher with professional status is qualified to fill. SEZP shall have the sole discretion to determine whether a PTS teacher is “qualified” (in addition to being appropriately certified) for such a position. In the event that an individual teacher with professional status is slated to be laid off, SEZP commits to taking the following steps: • SEZP will make such staffing decisions in a timely manner to enable the teacher to request transfer to the district through the district’s teacher transfer and reassignment process, by making such decisions one month prior to the transfer window to the extent possible. • In addition, SEZP will confer with the district to determine if the teacher can be transferred or reassigned to a position in the district for which he or she is qualified and for which he or she has sufficient seniority to assume. • SEZP will consult with the SEA to discuss possible options for the re-~~of-field, upon recommendation~~ assignment of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights teacher to another position for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, which s/he ~~shall have no further right~~ is qualified in the Zone and endeavor to ~~recall. Failure to respond~~ come to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the futuremutually satisfactory agreement. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In ~~the event~~ a reduction in ~~force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation~~ teaching personnel within any segment(s) of the ~~reasons. Such notification shall be prior to formal School Board action relating to~~ school system such ~~reduction in force. B. The Board shall determine the~~ as a subject ~~areas and/or programs~~field, and ~~the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification~~elementary assignment, ~~contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of layoff. For non-certified positions~~a special assignment or a vocational teaching assignment, the ~~sequence shall begin with seniority. The employee’s status on~~ determination of those who are to be separated will be in the ~~date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors.~~following order: 1. ~~Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas~~Rehired, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required.Retired Teacher 2. ~~Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract~~Non-tenured teachers holding provisional certificates 3. ~~Seniority shall be calculated from the first duty day of the most recent period of full~~Non-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority.tenured teachers holding regular certificates 4. ~~The lowest degree level~~ Tenured teachers At such time when teachers in the above categories are to be separated when all other factors are equal the length of continuous service in Harford County Public Schools, appropriate certification and ability to teach the available grade levels or ~~its equivalent~~ subject areas shall be ~~laid off first. 5~~the determining factor. ~~A final determination shall be made, if necessary, by lot. D.~~ The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees regularly certificated teachers who are ~~identified for a reduction in force from a school or program, they~~ separated shall be placed on ~~unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold,~~ a priority recall list for a period of two years and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their ~~layoff according to the sequential factors in Section C. above~~separation when appropriate positions become available. ~~These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified~~ A teacher on the priority recall list ~~reemployment out-of-field, upon recommendation~~ shall be notified in writing of any vacancy which occurs in his or her field of certification and shall indicate in writing within ten (10) days of the ~~Employment Services Department and~~ receipt of the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice letter his or her acceptance or rejection of ~~recall may be made by direct telephone contact with~~ the ~~employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5~~position. If the ~~employee declines an offer~~ teacher rejects the position or cannot begin the new assignment within thirty (30) days from the date of ~~reemployment~~notification, ~~s/he~~ the teacher shall be deemed to have ~~no further right~~ waived his or her rights to recall. ~~Failure~~ However, a teacher who has accepted employment in another public school system in Maryland and is unable to ~~respond to a notice of recall within the time limits prescribed shall be construed as declining~~ get released from his/her employment contract may decline an offer to return to work and maintain recall rights if the offer is issued later than July 1, for a position which becomes available at the beginning of, or during, the following school year. Leaves of ~~reemployment~~absence will not be regarded as a break in the continuity of service although leave time will not count as active service. ~~If a teacher declines~~ The layoff and recall provisions of this article are subject to such Equal Employment Opportunity Commission guidelines or ~~fails~~ other employment programs as required of or adopted by the Board of Education in order to ~~respond~~ maintain existing or required staff balance. Any action taken under this policy will not be subject to ~~a notice of recall~~the grievance procedure; however, it shall ~~not preclude a teacher an opportunity~~ be subject to ~~seek re-employment with~~ the ~~District in the future~~administrative complaint procedure. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Samples: Negotiated Agreement

REDUCTION IN FORCE. A. If the Superintendent-Director determines it necessary to reduce the number of teachers with professional status in the bargaining unit or to reduce the number of positions in any department or program held by a teacher with professional status, the Superintendent-Director agrees to carry out said reduction or position elimination according to the following procedures: 1. The retention or lay-off of any teacher with professional status whose job is eliminated or the displacement of any teacher with professional status affected by a reduction or elimination of program will be based on seniority in the bargaining unit, subject to possessing the basic ability and for the position involved. Teachers with professional status involved shall, in the following order, have the right to: a. Transfer to any vacancy in the bargaining unit for which they possess the basic ability and certifications and/or licensure. b. Replace the least senior employee anywhere in the unit, for which they possess the basic ability and certifications and/or licensure. c. Be placed on lay-off. 2. In the event ~~a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification~~ that seniority and basic ability and basic certifications and/or licensure are relatively equal, then preference for retention shall be ~~prior to formal School Board action relating to such reduction in force~~based upon relevant training, experience, and graduate level coursework beyond the minimum required for the position. ~~B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made~~3. The Association shall be notified of ~~such determinations~~the number of positions and persons involved in a lay-off of teachers with professional status at least sixty (60) days in advance of said lay-off. ~~C. Certification, contract type, seniority, and level of degree shall~~ B. Teachers on lay-off status will be ~~sequentially used, as outlined below, to determine the order of layoff. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice~~ subject to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recallprovisions: 1. ~~Each employee shall~~ The lay-off period will be ~~responsible~~ no more than two (2) years from the date of the lay- off, during which time: a. Teachers on lay-off will be given first consideration for ~~maintaining with~~ substitute teaching work in the ~~Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions~~ field(s) for which ~~recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to~~ they possess the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department basic ability and ~~the Superintendent~~certifications and/or licensure. b. ~~Full~~Teachers on lay-~~time teachers~~ off will be given recall rights to any positions that become vacant or are created, subject to possession of the basic ability and certifications and/or licensure. Teachers will be recalled based upon seniority. c. Declination of any position offered during said two (2) year recall period will satisfy the Superintendent-Director's obligation under the recall provision and will terminate the teacher's employment by the Superintendent-Director. d. Teachers on lay-off will continue to accrue seniority in the bargaining unit. e. Teachers on lay-off will have the option of maintaining their medical insurance, subject to approval by the carrier, by assuming the full premium cost. f. The Association shall be notified of any recall ~~who decline half-time positions~~ and ~~half-time teachers on~~ be given copies of the recall ~~who decline~~ letters. C. Teachers with professional status employed in a less than full-time ~~positions shall retain their~~ position will be accorded bumping rights and recall rights ~~for full-time~~ in accordance with Article 24 and ~~half-time positions, respectively~~consistent with MGL. ~~4. Notice~~ D. When a teacher without professional teacher status is either not renewed, terminated or reduced in position, the Association shall receive a copy of ~~recall may be made by direct telephone contact~~ said notification simultaneous with the ~~employee,~~ teacher. The notification to the teacher will be provided in accordance with the provisions of Massachusetts General Laws. The Association will be notified thirty (30) days in advance of the elimination and/or reduction of a position filled by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher ~~declines or fails to respond to a notice of recall, it shall not preclude a~~ without professional teacher ~~an opportunity to seek re-employment with the District in the future~~status. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In the event a reduction in force becomes necessary the Superintendent shall notify the Association of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to such reduction in force. B. The Board shall determine the subject areas and/or programs, and the positions in which reductions must be made. The Association shall be notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below, to determine the order of ~~layoff~~lay off. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” ”, specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above, the parties shall mutually identify the subjects/disciplines and/or programs to which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In ~~the event a~~ order to effectuate an orderly process for reduction in force ~~becomes necessary~~ should the ~~Superintendent shall notify~~ Board eliminate positions in the ~~Association of such necessity~~ bargaining unit, the parties agree on the following: 1. The Board may create and eliminate positions in ~~writing~~ accordance with ~~an explanation of the reasons~~its statutory authority. 2. ~~Such notification~~ There shall be ~~prior to formal School Board action relating to such~~ one seniority list but two categories of paraprofessionals for purposes of reduction in force~~. B. The Board shall determine the subject areas and/or programs~~, regular education paraprofessionals and ~~the positions in which reductions must be made~~special education paraprofessionals. ~~The Association~~ Employees shall be ~~notified of such determinations. C. Certification, contract type, seniority, and level of degree shall be sequentially used, as outlined below,~~ assigned to ~~determine the order of layoff. For non-certified positions, the sequence shall begin with seniority. The employee’s status~~ these categories based on ~~the date of official notice to the Association of a reduction in force shall be used to determine his/her placement within the above factors. 1. Certification~~ their assignment for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half fifty percent (50%) or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needstime. 3~~) Documentable skills needed~~ . Within each of these categories, should it be necessary to ~~address student needs~~ terminate employee contracts because of reduction in ~~a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. above~~force, the ~~parties shall mutually identify the subjects/disciplines and/or programs to which this~~ following procedures shall apply~~, and what specific preparations and/or experience will be required. 2. Contract type shall be used to determine the order of layoff in the following sequence~~: a. ~~Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority~~ Regular education paraprofessionals: Should it be necessary to reduce regular education paraprofessionals, the Board shall ~~be calculated from~~ give primary focus to the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur seniority list described below and lay off staff in the inverse order of employment as a paraprofessional in the Westport system unless review of evaluation documents and employment history, and/or special training and/or experience establishes cause for deviating from seniority. b. Special education paraprofessionals: Should it be necessary to reduce special education paraprofessionals, the Board shall give primary focus to the seniority list described below and lay off staff in the inverse order of employment as a paraprofessional in the Westport system unless special training and experience and/or review of evaluation documents and employment history establishes cause for deviating from seniority. Notwithstanding the foregoing, if a paraprofessional is hired to provide support for a specific student, seniority shall not be considered a factor and such paraprofessional shall not be laid off. 4. ~~The lowest degree level or its equivalent shall~~ Should a paraprofessional be laid off ~~first~~in accordance with this provision, he/she may request in writing to be placed on a recall list for a period of eighteen months, and the paraprofessional shall provide the Board with a home address and email address, which the paraprofessional shall keep current. If a position within the bargaining unit becomes vacant within that period, the most senior paraprofessional on the recall list shall be recalled to fill such vacancy if he/she is qualified for the position by application of the criteria set forth above. 5. ~~A final determination~~ Seniority for purposes of this Section H shall be ~~made, if necessary, by lot. D. The position of an employee on a long~~determined as follows. A system-~~term leave of absence~~ wide list shall be ~~treated as if the position were filled~~ developed and approved by ~~said employee~~April 1 of each year and made applicable at that time. ~~Any other employee filling said position~~ Seniority shall be ~~allowed to fulfill~~ based on continuous length of service based upon the ~~terms~~ original date of ~~his/her~~ commencement of employment ~~within~~ as a paraprofessional in the ~~sequentially ordered factors applied to~~ Westport school system, except that where identical dates may exist, then the ~~employee on leave. E. When employees are identified for a reduction in force from a school~~ date of appointment or ~~program, they~~ the date the paraprofessional signed the contract shall be ~~placed on unassigned status~~determinative, in that sequence. ~~The District~~ In the case a conflict still exists, the Board shall ~~then identify less senior employees filling positions~~ determine which ~~these employees are certified and/or qualified to hold, and the least senior employees~~ paraprofessional shall ~~then~~ be laid off. ~~Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee~~ Service time shall be ~~placed~~ defined to include not just actual service in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures the system but also time on sick leave, on maternity leave, and on other authorized leaves of absence from the system. All other interrupted time outside the school system shall be ~~used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sent~~considered non-service time. 2. The Board shall determine the subject areas and/or programs and the positions for which recall will be made. 3. Employees shall be recalled in inverse order of their layoff according to the sequential factors in Section C. above. These employees shall be recalled to schools/programs with vacancies regardless of the school/program from which they were laid off. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

REDUCTION IN FORCE. A. In The Reduction in Force article shall apply to all releases, layoffs, or terminations for nonpersonal reasons. Nothing in this article is intended to modify the ~~event~~ discretion of the school board to non-renew probationary members under the Fair Dismissal Law (ORS 342.835) for any reason deemed in good faith sufficient so long as such reasons are personal to the member. B. The District shall determine when a reduction in force ~~becomes~~ is necessary and which programs shall be affected. When considering a reduction in force, the ~~Superintendent shall notify~~ District shall, insofar as reasonably practicable, provide forty-five (45) calendar days written notice prior to the end of the school year to the Association ~~of such necessity in writing with an explanation of the reasons. Such notification shall be prior to formal School Board action relating to~~ that such reduction in ~~force. B. The Board~~ force is under consideration and shall ~~determine the subject~~ specify which program areas ~~and/or programs~~are being considered. At least thirty (30) calendar days prior to individual lay-off notices being issued, a complete bargaining unit seniority and ~~the positions in which reductions must be made. The Association~~ certification list shall be ~~notified~~ provided to the Association. Individual lay-off notices shall be issued no later than twenty (20) calendar days prior to the end of ~~such determinations~~the school year. If reduction of force is necessary at midyear, the District shall, insofar as reasonably practicable, follow the sequence/timing of the procedure as outlined. C. ~~Certification~~In conducting a layoff under this Article, ~~contract type, seniority, and level of degree shall be sequentially used, as outlined below, to~~ the district will first determine the ~~order of layoff. For non-certified positions, the sequence shall begin with seniority. The employee’s status on the date of official notice to the Association of a~~ program(s) or area(s) scheduled for reduction ~~in force shall be used to determine his/her placement within the above factors~~or elimination. 1. Certification for each teacher shall be established. If a teacher has certification in two or more teaching areas, s/he will designate which teaching area will be the determiner of certification for purposes of layoff. a. If a teacher is teaching out-of-field and has completed less than half the requirements for said certification when a layoff occurs, his/her status shall be determined by the area of current certification. If half or more of the requirements have been completed when a layoff occurs, a teacher’s status may be determined as if s/he had certification in the out-of-field area. b. The parties recognize that in certain subjects/disciplines and/or programs within an area of certification, or in a program utilizing “any area of certification,” specific preparation and/or experience may be required. These may include: 1) Recency of teaching experience in the subject/discipline and/or program. 2) An appropriate combination of licenses, documentation and/or recency of work experience necessary to meet program and/or industry needs. 3) Documentable skills needed to address student needs in a specific program excluding those based solely upon supplemental activities in Appendix B. c. Prior to a layoff, if the District has determined there is a need to utilize the provisions in 1.b. aboveAfter such determination, the ~~parties shall mutually identify the subjects/disciplines and/or programs~~ district will make every reasonable effort to ~~which this shall apply, and what specific preparations and/or experience will be required. 2. Contract type shall be used~~ transfer members in such program(s) or area(s) to determine the order of layoff in the following sequence: a. Temporary Contract b. Annual Contract c. Professional Services or Continuing Contract 3. Seniority shall be calculated from the first duty day of the most recent period of full-time continuous employment within the District, exclusive of long-term leaves of absence without pay. Half-time experience shall count as one-half of full-time experience for the purpose of calculating seniority. Layoff shall occur in the inverse order of seniority. 4. The lowest degree level or its equivalent shall be laid off first. 5. A final determination shall be made, if necessary, by lot. D. The position of an employee on a long-term leave of absence shall be treated as if the position were filled by said employee. Any other employee filling said position shall be allowed to fulfill the terms of his/her employment within the sequentially ordered factors applied to the employee on leave. E. When employees are identified for a reduction in force from a school or program, they shall be placed on unassigned status. The District shall then identify less senior employees filling vacant positions which these employees are certified and/or qualified to hold, and the least senior employees shall then be laid off. Those employees remaining on the unassigned list shall then be reassigned to these positions. F. No new employee shall be placed in a position for which a certified and/or qualified laid off employee remains until all such laid off employees have been recalled or have declined or failed to accept recall. G. The following procedures shall be used for recall: 1. Each employee shall be responsible for maintaining with the Employment Services Department, in writing, a telephone number and an address to which a notice of recall may be sentthey are properly licensed. 2. The ~~Board shall determine~~ district will make every reasonable effort to combine positions in a manner which allows members to remain licensed so long as the ~~subject areas and/or programs and~~ combined positions meet the ~~positions for which recall will be made~~curricular needs of the district. 3. ~~Employees~~ Layoffs will be based upon the criteria set forth in Section D. D. In the event the district, in its discretion, determines that a layoff is necessary, then it will determine the members to be retained by means of the following criteria: 1. A determination of whether the members to be retained hold the proper licensure to fill the remaining position(s). 2. A determination of the seniority of the member to be retained. “Seniority” shall be ~~recalled in inverse order~~ measured from the first day on the job for pay purposes inclusive of ~~their layoff according to the sequential factors in Section C. above~~approved leaves of absences. ~~These employees~~ Where seniority and license are equal, ties shall be ~~recalled to schools/programs with vacancies regardless of the school/program from which they were laid off~~broken by drawing lots. Lots will be drawn as early as possible. a. Nothing herein shall preclude offering a qualified teacher on the recall list reemployment out-of-field, upon recommendation of the Employment Services Department and the Superintendent. b. Full-time teachers on recall who decline half-time positions and half-time teachers on recall who decline full-time positions shall retain their recall rights for full-time and half-time positions, respectively. 4. Notice of recall may be made by direct telephone contact with the employee, by paid courier or by public notice. Employees shall have five days to respond to a notice of recall. 5. If the employee declines an offer of reemployment, s/he shall have no further right to recall. Failure to respond to a notice of recall within the time limits prescribed shall be construed as declining an offer of reemployment. If a teacher declines or fails to respond to a notice of recall, it shall not preclude a teacher an opportunity to seek re-employment with the District in the future. 6. Upon reemployment the employee shall be placed on the salary schedule and granted seniority and benefits as if s/he had been on an unpaid leave of absence. Any waiting period required of new employees for receipt of insurance benefits shall be waived.

Appears in 1 contract

Samples: Contract Agreement

Common use of REDUCTION IN FORCE Clause in Contracts