REDUCTION IN FORCE. A. Introduction 1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15. B. Necessity and Extent 1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting. 2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one. 3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching. C. Educational Program 1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions: a) The program needs of the students. b) The graduation requirements of the students. c) The requirements of accreditation. d) The requirements for compliance with the Basic Education Act. D. Educational Staff 1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year. 2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence. 3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot. 4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below. 5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below. 6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered. 7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. If the Board determines it necessary to reduce the number of bargaining unit positions under O.R.C. 3319.17 or for financial reasons, the following procedures shall apply:
A. IntroductionPrior to proceeding with an anticipated staff reduction, the Association president shall be notified by the superintendent of the Board's intent to consider a staff reduction not less than four (4) months prior to the date the superintendent is recommending a reduction to the Board of Education for action. A meeting shall be held between the president of the Association and the superintendent to review appropriate data indicating a need for a reduction in staff. The parties shall discuss why the reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and the possible effects of said reduction. Within ten (10) days of the meeting, the superintendent shall provide the Association with a RIF list of potentially affected positions/employees which shall be based on certificate/license, OTES final summative rating, and seniority.
B. Reductions shall be made by suspending contracts based upon the superintendent's recommendation. Those contracts to be suspended will be chosen as follows:
1. There are five (5Position(s) basic steps in vacated as a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all result of the steps in a timely fashionvoluntary resignation, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and Aprilretirement, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must or death will not be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingfilled.
2. The Board shall determine All members of the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 bargaining unit will be made available by the Superintendent's Officeplaced on a seniority list for each teaching field for which they are properly certificated. One copy Teachers serving under continuing contracts will be sent to placed at the Association and copies will be available to any teacher who requests onetop of the list, in descending order of seniority.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall Seniority will be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number length of years continuous service as a teacher has taught certificated employee under regular contract in public or private educationthis district.
a. Board approved leaves of absence will not interrupt seniority, grade P-12, as reflected but time spent on the S-275 Form, or SPI records. In case such a leave shall not count toward seniority.
b. If two (2) or more teachers have taught the same number length of yearscontinuous service, seniority will be determined by: - the date of the Board meeting at which the teacher with was hired, and then by - the most number of hours toward horizontal placement on date the District salary schedule shall be given teacher signed his/her initial employment contract in the greater seniority. If there is still a tiedistrict, it shall and then; - any remaining ties will be broken by lot.
4. For each position that Recommended reductions in a teaching field will be reduced, made by selecting the teacher with lowest person on the least seniority list for that area of certification who is currently assigned to a position in that department shall teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification. Any such election must be non-renewed unless made at the time the teacher is determined to notified he/she will be necessary to the educational program for the following year as defined belowaffected.
5. A teacher who by seniority An employee whose contract is being considered for to be suspended due to a RIF shall be determined given thirty (30) days’ advance written notification prior to the implementation of the RIF. The Association shall be necessary sent a copy of said notification at the same time. The notice shall state the reason for RIF, the effective date of contract suspension, and the date of the Employer’s action to implement the RIF.
C. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for up to eighteen (18) months from the date of the contract suspension. Teachers on the recall list will have the following rights:
1. No new teachers will be employed by the Board while there are teachers on the recall list who are certificated for the educational program vacancy.
2. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated.
3. If a vacancy occurs, the Board will send a certified announcement to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his current address. All teachers are required to respond in writing to the district office within seven (7) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within seven (7) calendar days, or who declines to accept the position, will forfeit all recall rights.
4. A teacher on the recall list will, upon acceptance of the next yearnotification to resume active employment status, if that teacher during return to active employment status with the current year teaches a class that is included in same seniority, accumulation of sick leave, and salary schedule placement as he enjoyed at the next year's educational program that no other teachers in the District is qualified time of layoff.
5. Every possible effort will be made to teach recall all properly certificated employees as defined belowpositions become available within eighteen (18) months.
6. A teacher is qualified to teach a classRecognition of additional certification, license, or elementary gradeentry-level requirements earned or reported while on layoff status for recall purposes, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies provided such information is filed with the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not Employer prior to be consideredrecall.
7. Once The right to priority status on the Superintendent has determined substitute list, upon request. Names from such requests will then be communicated to the educational staff Board staffing service.
D. The parties agree that these procedures apply only to the suspension of contracts under 3319.17 or for the next year, the Superintendent shall give notice to those teachers who will be non-renewedfinancial reasons. This notice Article shall be given early enough not require the Board of Education to allow fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the appeals procedure to take place before May 15district.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction26-1 The School District retains the right to determine when a reduction in force/layoff is necessary, the number of individuals who must be reduced in force, and the positions within a division or unit in which such reductions in force will occur. The Administrators' Advisory Council will serve in an advisory capacity to the Superintendent and to the Cabinet regarding this paragraph as provided for in Article 19 of the current Agreement.
126-2 Subject to the determinations in 26-1 above, the School District agrees to the following:
26-2-1 Administrators who volunteer to leave from the positions within a division or unit affected by the reduction in force will be the first to be reduced in force.
26-2-2 If the necessary reductions cannot be made through attrition and/or resignation, then administrators who have been twice rated as unsatisfactory within the last two (2) successive contract years will next be reduced in force. There are If the necessary reductions cannot be made by the reduction in force of administrators with two (2) unsatisfactory evaluations within the last two (2) successive contract years, then administrators who have received a disciplinary document within the last two (2) successive contract years which resulted in a suspension of five (5) basic steps in a reduction days or more will be the next to be reduced in force. These occur Administrators will be reduced in logical and temporal order force based on the number of suspension days received in descending order. If the necessary reductions cannot be made by reducing in force those administrators who have been twice rated as listed below. In order to carry out all of the steps unsatisfactory or who have received a disciplinary document or documents which resulted in a timely fashionsuspension or suspensions, then administrators who have been determined to have abused their sick leave, will be the next to be reduced in force. An administrator’s abuse of sick leave will be based on a review conducted by Employee-Management Relations and which resulted in the administrator being required to repay the School District agrees for abusing sick leave. An administrator who is reduced in force under the provisions of 26-2-2 will not be recalled to hold two (an administrative position. 26-2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a -3 Any additional reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF administrator shall be determined by using the following criteria in rank order listed to be necessary for designate the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers least senior administrator who will next be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.reduced in force:
Appears in 3 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. A. IntroductionIf the Board determines it is necessary to reduce the number of bargaining unit positions under O.R.C. §3319.17 or for decrease in funds, the following procedures shall apply.
1. There are five (5) basic steps in a reduction in forceReductions shall be made by the suspending of contracts based upon the Superintendent's recommendation. These occur in logical and temporal order Those contracts to be suspended will be chosen as listed below. In order to carry out all follows:
a. All members of the steps bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving limited contracts will be placed on the list under continuing contract teachers, also in descending order of seniority.
b. Seniority will be defined as the length of continuous service as a timely fashion, the District agrees to hold two certified employee under regular contract in this district.
(1) Board approved leaves of absence will not interrupt seniority but time spent on such leave shall not count toward seniority.
(2) regularly scheduled Board meetings a month during March and AprilIf two or more teachers have the same length of continuous service, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actionsby:
a) The program needs date of the students.board meeting at which the teacher was hired, and then by;
b) The graduation requirements of date the students.teacher signed his/her initial employment contract in the district, and then by;
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District Any remaining ties will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that c. Recommended reductions in a teaching field will be reduced, made by selecting the teacher with person lowest on the least seniority list for that area of certification who is currently assigned to a position in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5teaching field. A teacher so affected may elect to displace a teacher who by holds a lower position on a seniority list for another area of certification, provided he/she is being considered certificated in that second area.
2. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for RIF shall be determined to be necessary for eighteen (18) months from the educational program date of the next yearreduction. Teachers on the recall list will have the following rights:
a. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated.
b. If a vacancy occurs, if the Board will send certified announcements to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
c. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff.
3. The parties agree that teacher during these procedures apply only to the current year teaches a class that is included suspension of contracts under O.R.C. 3319.17 or for decrease of funds. This article shall not require the Board to fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the next year's educational program that no other teachers in the District is qualified to teach as defined belowdistrict.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 3 contracts
Samples: Master Contract, Master Contract, Master Contract
REDUCTION IN FORCE. A. Introduction19.1 A Reduction in Force shall be defined as the reduction of or the elimination of a position in the bargaining unit.
119.2 If a current bargaining unit member resigns or retires, the Board may elect not to replace that bargaining unit member if the elimination of the position does not impede the educational programs of the school district as determined by the Superintendent and Board of Education.
19.3 The board may implement a reduction in force following territorial changes that affect the district, decreased enrollment, return to duty of regular teachers after leaves of absence, or for financial reasons. There are To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for bargaining unit members who retire or resign. It is recognized that attrition alone may not be sufficient to accomplish necessary reductions.
19.4 Having made a determination that such reduction is to be recommended to the Board for the above reasons, the superintendent shall inform the Association of the decision at least twenty- eight (28) calendar days prior to the Board meeting at which action shall be taken on the reduction. The notification shall include the reason(s) for the RIF; the position(s) to be reduced or eliminated; the proposed date of the Board's action to implement the RIF; and the proposed effective date of the RIF. The Superintendent and Association shall meet and review the reasons for the proposed Reduction in Force, its impact, and any other related subjects if requested by the Association, within ten (10) days of the receipt of the notification. Within five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all days of the steps in request by the Association, a timely fashion, meeting shall be set between the District agrees to hold two (2) regularly scheduled Board meetings Superintendent and the Association's representatives unless such a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15date is mutually extended.
B. Necessity and Extent
1. 19.5 The Superintendent may recommend Association shall be given a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least list which includes all teachers in each area of certification affected by the regularly scheduled Board meeting RIF. Within each such affected area, all teachers shall be listed in Marchthe order of district seniority.
19.6 A. In making any reduction in force, the board shall proceed to suspend contracts in accordance with the recommendation of the superintendent, who shall, within each teaching field affected, give preference to teachers on continuing contracts. The Board board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available not give preference to any teacher based on seniority, except when making a decision between teachers who requests one.
3. Before that decision is madehave comparable evaluations, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 3 contracts
Samples: Negotiated Agreement, Collective Bargaining Agreement, Negotiated Agreement
REDUCTION IN FORCE. A. IntroductionWhen the Board of Education determines it necessary to reduce the number of certified staff positions, the following procedures shall apply:
1. There To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for employees who retire, resign, or whose limited contracts are five (5) basic steps in a not renewed for reasons other than reduction in force. These occur Attrition alone may not be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in logical and temporal order as listed belowthe bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. In order This list will be provided to carry out all the Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom of the steps seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a timely fashion, current certificate/license. Seniority rights for the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting purpose of reduction in April before April 15force only exist after equivalent evaluations.
B. Necessity and Extentc). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The Superintendent may recommend a reduction in force (RIF) to date of the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on at which the RIF bargaining unit member was hired, and shall invite the Association to make a recommendation at the next regularly scheduled meeting.then by;
2. The Board shall determine date the necessity for a RIF and its extent at least by bargaining unit member signed his initial contract in the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.district;
3. Before that decision The date on which the bargaining unit member submitted the first completed job application within the two year period preceding the effective date of the teacher's first teaching contract with the Board of Education, if the date is madeavailable;
4. If any ties remain after (a), the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc.(b), and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary(c), the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District they will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
43. For each position that The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be reducedplaced on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
a). No new teachers will be employed by the Board while there are bargaining unit members on the recall list who are certificated/licensed for the vacancy;
b). Bargaining unit members on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated/licensed
c). If a vacancy occurs, the teacher Board will send a certified letter by US mail to the last known address of all bargaining unit members on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his current address. All bargaining unit members are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A bargaining unit member on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the least seniority same seniority, accumulation of sick leave, and salary schedule placement as he enjoyed at the time of layoff. Where group insurance policies permit, a bargaining unit member on the recall list who is unemployed and does not otherwise have group coverage available may continue to participate in that department shall be non-renewed unless those benefits which are provided to teachers in active employment provided the teacher is determined to be necessary to pays the educational program group rates for the following year as defined belowsuch benefits.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. If the Board determines it necessary to reduce the number of bargaining unit positions under O.R.C. 3319.17, the following procedures shall apply:
A. Introduction
1At least sixty (60) calendar days prior to proceeding with an anticipated staff reduction, the Association president shall be notified by the Superintendent of the Board's intent to consider a staff reduction. There are five (5) basic steps in A meeting shall be held between representatives of the Association and the Superintendent to review appropriate data indicating a need for a reduction in forcestaff. These occur in logical and temporal order as listed below. In order The parties shall discuss why the reduction is deemed necessary, what teaching fields are to carry out all be affected, the extent of the steps in a timely fashionanticipated reduction, and the possible effects of said reduction. Also, at this meeting, the District agrees to hold two (2) regularly scheduled Board meetings Association will be provided with a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15seniority list of all employees.
B. Necessity and Extent
1. The Superintendent may recommend To the extent possible, the number of employees affected by a reduction in force (RIF) will be minimized by not employing replacements for those employees who retire, resign, or whose limited contracts are non-renewed due to the Boardunsatisfactory performance. If such a recommendation It is made it must recognized, however, that attrition alone may not be sufficient to accomplish necessary reductions. Reductions beyond those covered by attrition shall be made at least by suspending contracts based upon the regularly scheduled Board meeting in MarchSuperintendent's recommendation. The Board shall take no action Those contracts to be suspended will be chosen as follows:
1. All members of the bargaining unit will be placed on the RIF and shall invite the Association to make a recommendation seniority list for each teaching field for which they are properly certificated. Teachers serving under continuing contracts will be placed at the next regularly scheduled meetingtop of the list, in descending order of seniority. Then those serving under limited contracts will be listed in descending order of seniority.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 Seniority will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number length of years continuous service as a teacher has taught certificated employee under regular contract in public or private education, grade P-12, this district as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotbargaining unit member.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction2.8.1 If it becomes necessary because of federal contract modifications, insufficient funds, loss of enrollment, or an emergency caused by an act of nature, to decrease the number of unit members, the following principles shall apply in determining the order of unit members to be laid off (not in order of priority):
(1) Last-in, first-out within subject area.
(2) Job Performance. There Management will not assess relative job performance in an arbitrary or capricious manner. Upon written request from an affected unit member or the AFT, management will explain in writing how job performance affects the order of layoff. A unit member with more than 10 (ten) years of service will be exempt from lay-off until all those with less service in the areas in which the unit member is certified and qualified have been terminated. Before an action to terminate personnel through layoff is taken, the Contract Training Manager will send a written notice to the affected unit member(s) and the AFT no less than fifteen (15) calendar days prior to the effective date of lay- off. Upon notice from the Navy that a program is to be discontinued, reduced in funding, or personnel are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order going to carry out all of the steps in a timely fashionbe laid off, the District agrees must within three (3) working days of receipt of such notice send a written notice to hold two (2) regularly scheduled Board meetings a month during March and Aprilthe AFT communicating the Navy’s decision.
2.8.2 “Within subject area” is defined as the department the unit member has worked in: i.e., if necessaryAC&R School, Electrical School, JIT School, and Culinary Specialist School, etc. However, a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) more senior unit member whose position is affected by the layoff or who is affected by “bumping” due to the Board. If such a recommendation layoff, and who is made it must be made at least by qualified and certified, in accordance with the regularly scheduled Board meeting Statement of Work, to teach in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting another job assignment in April. At that timeanother department, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent allowed to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine displace a RIF is necessary only if the money projected to be available more junior unit member in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2job assignment. The District will provide an announcement determine which junior unit member will be displaced under this provision, based on the needs of the programs and on the qualifications and certification status of the junior employees.
2.8.3 No new unit member appointments shall be made while there are unit members who were laid off within the past twenty-four (24) months due to reduction-in- force and who are qualified for the certified educators position and who are available for reinstatement Reinstatements shall be made in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave reverse order of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence(last laid-off, first re-hired).
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionSeniority shall be defined as the continuous service or employment as a teacher in the District, beginning with the first date the teacher reported for duty as a regular teacher. A regular teacher is defined as a teacher hired on a limited or continuing contract with appropriate placement on the adopted salary schedule. Continuous employment for the purpose of this section shall include:
1. There are All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) basic steps in years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in force. These occur staff becomes necessary (as defined in logical and temporal order as listed below. In order to carry out all Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the steps in Ohio Revised Code. A teacher whose limited contract has been suspended shall be considered for reappointment to fill a timely fashion, subsequent vacancy for which he or she is qualified during the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least term of his or her contract. Written notification will indicate one (1) regularly scheduled meeting or more of the permissible reason(s) for reduction in April before April 15teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified of all vacancies.
B. Necessity and ExtentC. Reductions in teaching staff shall be made by the Board for the following reasons:
1. The Superintendent may recommend a reduction Decrease in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingpupil enrollment.
2. The Board shall determine Suspension of schools or territorial changes affecting the necessity for school district.
3. Return to duty of a RIF and its extent at least by the regularly scheduled meeting in Aprilregular teacher from leave or disability retirement.
4. At Elimination or reduction of courses of study provided that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent notice is given to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, teachers in potentially affected areas as accurately early as possible, but no later than April 30. Additionally, the total number Superintendent shall sign applications for certification/licensure submitted by teachers in those potentially affected areas, when such applications meet the criteria established by the State Department of teachers leaving the District Education for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following yearcertification/licensure. The Board application will be signed on a yearly basis as long as the teacher continues to make satisfactory progress toward permanent certification/licensure.
5. Financial reasons.
D. The Superintendent shall determine a RIF is necessary only if meet with representatives of the money projected Association by April 30 to be available in discuss the General Fund is insufficient possible effects, resulting from the issuance of temporary certification/licensure, upon other members of the bargaining unit with regard to maintain the current program in the next yearrights or RIF. The extent intent of this language is to allow members of the RIF shall only bargaining unit, who may be as many teaching positions as necessary directly or indirectly affected by the elimination or reduction of courses of study, ample time to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teachingprotect their rights or RIF.
C. Educational Program
E. Having made a determination that a reduction in staff and suspension of one (1. If the Board has determined that RIF ) or more contracts is necessary, the Superintendent shall recommend the content of the educational program of the following year cause notice to be given to the Board at a Special Meeting scheduled later affected teacher(s) by April 15 or as soon as practicable in Aprilcase notice by April 15 is not possible. The Board In any event, notice shall determine at be given to the meeting teacher(s) prior to recommendation of such action to the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the studentsBoard.
bF. In the event that staff reductions and subsequent suspension of contract(s) The graduation requirements becomes necessary, the Association shall receive, along with all teachers to be reduced, a seniority list by tenure, including each teacher's area(s) of the studentscertification/licensure.
c) The requirements G. All suspensions of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staffcontracts pursuant to this Article shall be made as follows:
1. If The suspension of contract shall occur to non-tenured teachers first by area of certification/licensure. The second decision point shall be teacher evaluation (based on three (3) most recent final evaluations, when available) and the Board has determined a RIF third decision point is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following yearseniority.
2. The District will provide an announcement to In the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a event two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have or more teachers' continuous service began the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list date, the date the Board authorized the contract shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI recordstake precedence. In case the event, two (2) or more teachers have taught were hired at the same number of yearsBoard meeting, the teacher with the most number of hours toward horizontal placement on the District salary schedule regular teaching experience shall be given the greater next criteria for establishing seniority. If there is still a tiethese criteria are also equal, it then seniority shall be broken by lotgranted to the teacher who is certified to teach the greatest number of subjects.
3. Should it become necessary to suspend the contract of any tenured teacher, such suspension shall be made from tenured teachers first based on teacher evaluation (based on three (3) most recent final evaluations, when available) and second on seniority.
4. For each position that will be reducedRetention rights shall accrue to all teachers with their respective contract status groups, the but in no event shall a non-tenured teacher with the least seniority in that department exercise retention rights over tenured teachers. The right to retention shall be non-renewed unless the teacher is determined limited to areas of certification/licensure, and no assignment shall be necessary to the educational program for the following year as defined belowclaimed outside of one's area(s) of certification/licensure.
5. A teacher who Part-time regular teachers shall have seniority and retention rights to their positions as provided by seniority is being considered for RIF shall be determined the contract without limitation due to be necessary their part-time status.
H. Teachers whose contracts have been suspended for the educational program of the next year, if that teacher during the current year teaches a class that is included reasons set forth in this Article shall have recall rights in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.following order:
Appears in 3 contracts
Samples: Negotiated Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. The following procedures shall govern the reduction of staff made necessary through decreases in student enrollment, changes in instruction, shortage of funds, or other reasons identified by the Board and the Administration of the Bedford City School District. Such procedures shall be in compliance with state and federal laws relating to employment decisions and equal employment opportunities.
A. Introduction
1. There are five (5) basic steps in If there is to be a reduction in force, the OAPSE President and each affected employee shall be notified in writing at least thirty (30) calendar days prior to the layoff with:
1. These occur in logical and temporal order The reason for the reduction;
2. The effective date of the reduction;
3. Advice as listed belowto replacement positions available; and
4. Notification of any COBRA rights.
B. The number of people affected by a reduction shall be kept to a minimum by not employing replacements, insofar as practical, for employees who resign, retire, or otherwise vacate a position.
C. For purposes of RIF, seniority shall be defined as the uninterrupted length of service from the first day of work as a member of the bargaining unit. In order to carry out all the event of the steps in a timely fashiontie, the District agrees to hold following tie-breakers will be used: a.) substitute work for the Bedford School District, b.) flip of a coin. For employees holding two (2) regularly scheduled Board meetings positions simultaneously, seniority shall be calculated separately for each assignment.
D. If the person being reduced is the least senior employee in that group, he/she may bump the least senior employee in the next lowest group within the same classification closest in assigned hours to those held at the time of layoff. Bumping proceeds downward, not upward, among groups. Bumping shall occur only within the appropriate classification. (See section K.)
E. If an affected employee is the last on the seniority list in a month during March group when bumped, and Aprilthis employee cannot qualify within another lower group, then layoff will occur. If an affected employee in an eliminated position, or one who has been bumped, does not choose to bump the least senior employee in his/her group or in a lower group, layoff will occur. The employee who is bumped has the right to bump the least senior employee under the same procedure. (See section K.)
F. After exhausting bumping rights within their classification, employees will be permitted to bump into a classification previously worked, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1qualified. The Superintendent may recommend employee bumping into the previously held position shall have reasonable time to comply with any changes in federal law, state law and/or Board policies/job descriptions. Bumping into a lower paying classification shall automatically place the employee on the same salary step of the new classification. (See section K.)
G. Bumping into a lower paying group shall automatically place the employee on his/her present step of the new group. (See section K.)
H. When a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity takes effect for a RIF and its extent at least by the regularly scheduled meeting in April. At that time12-month (260 day) employee, the seniority lists referred to in Section X-D-1 insurance coverage will be made available by continued for that month and the Superintendent's Officefollowing month. One copy When a reduction in force takes effect for a less than 12-month (260 day) employee, insurance benefits will be sent to the Association and copies will be available to any teacher who requests onecontinued until accrued benefits are exhausted.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 3 contracts
Samples: Negotiated Agreement, Collective Bargaining Agreement, Negotiated Agreement
REDUCTION IN FORCE. A. Introduction
114.01 When a reduction of staff is deemed appropriate, due to financial reasons as determined by the Board, by reason of decreased pupil enrollment, return to duty of regular teachers after leaves of absence, suspension of schools, or territorial changes affecting the District, the Board will implement such reduction in accordance with this procedure. There are A decline in student enrollment as prescribed in the statute shall be defined as a decline in the number of students District-wide over the previous five (5) basic steps in school years.
14.02 Thirty (30) days prior to the Board implementing a reduction in force. These occur , the Association President will be notified in logical and temporal order as listed below. In order to carry out all writing of the steps intent to reduce staff.
14.03 Ten (10) days before the Board acts on a reduction in a timely fashionforce, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15individual affected bargaining unit members will be alerted of the fact by the Administration.
B. Necessity and Extent14.04 The Association President shall receive the following information prior to the Board implementing a reduction force:
1. The Superintendent may recommend a reduction in force (RIF) to reasons for the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingreduction.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred A list of specific positions to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests onereduced.
3. Before that decision All members of the bargaining unit will be placed on a seniority list for each teaching field for which they are properly and regularly certificated/licensed. Bargaining unit members serving under limited contracts will be placed on the list under continuing contract bargaining unit members, also in descending order of seniority, according to the records of the District. It is made, the sole responsibility of a teacher to update the information possessed by the District shall determine, as accurately as possible, concerning the total number current certificates/licenses he/she possesses by September 15th of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following each year. The Board shall determine a RIF is necessary only if submit the money projected seniority lists to be available in the General Fund is insufficient to maintain the current program in the next Association for its review by October 30 of each year. The extent By November 30 of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following each year, the Superintendent Association shall apply advise the provisions Board of this section to determine any errors on the educational staff seniority lists. Thereafter, the seniority lists shall be considered final until the seniority lists for the following yearnext year are created, except in the case of properly awarding continuing contract(s).
214.05 Seniority shall not be the basis for making decisions regarding reduction in force except when choosing between bargaining unit members who have comparable evaluations, regardless of contract status. The District For reduction in force purposes only, Accomplished and Skilled will provide an announcement to the certified educators be considered comparable.
14.06 Seniority shall mean length of continuous service, on a contracted basis, in the areas where the RIF must District. Approved leaves of absence shall not break continuous service but neither shall they count for years of service. Should a tie occur, offering seniority will be determined by date the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected Board takes action on the S-275 Formemployment contract. Thereafter, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall ties will be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program drawing of the next yearhighest card from a deck of cards, if that teacher in a meeting of the Association President and Superintendent. Ace is the highest card. The affected bargaining unit members may be present during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowdrawing of cards.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 3 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. A. Introduction
1If the Board suspends teaching contracts pursuant to ORC Section 3319.17 or for substantiated financial reasons, seniority shall be determined by length of continuous service in the Cuyahoga Falls City School District. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must Continuous service shall not be made at least broken by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave authorized leaves of absence, discharge, but will be broken by a resignation or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number any other termination (excluding suspensions) of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI recordsemployment. In case the event two (2) or more teachers employees have taught the same number length of yearscontinuous service, preference will be given:
1. To the teacher with first hired by official action of the most number of hours toward horizontal placement Board.
2. If not resolved under Subsection 1, above, to the teacher who first applied for a certificated position in the Cuyahoga Falls City School District, which is verified by the date stamp on the District salary schedule shall be given application.
3. If not resolved under Subsection 1 or 2, above, to the teacher who has the greater seniorityservice in the system, regardless of continuity.
4. If there is still not resolved under Subsection 1, 2, 3, or 4, above, to the teacher who prevails in a tie, it shall be broken determination by lot.
4B. In the first week of February, the Administration will make available in each school building a seniority list, a copy to be provided to the CFEA President, of certificated staff members with continuing contracts, limited contracts, continuing ISGI teaching contracts, and limited ISGI teaching contracts. For each position that The seniority list will identify years of service, the date the teacher was hired by official action of the Board, certification(s) currently on file, current assignment, and system-wide seniority.
C. Within ten (10) calendar days of the posting date of the seniority list, any corrections to the seniority list by staff members will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary given to the educational program for Superintendent or designee, and a copy of the following year as defined below.
5same will be provided to the CFEA President. A teacher who by final corrected seniority is being considered for RIF shall list will be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester made available during the last three (3) years counting the current school yearweek of February. Thereafter, unless teachers shall be eligible for retention in a RIF only in those teaching areas for which the teacher specifically requests not to be consideredhas filed a valid teaching certificate with the Personnel Office.
7. Once the Superintendent has determined the educational staff D. Evaluation ratings for the next yearyear of reduction in force must be received prior to any reduction. At least forty-five (45) days prior to the Board action suspending teaching contracts implementing a RIF, the Superintendent Board agrees to notify the CFEA President in writing of its intention to implement a RIF. Subsequent to this notification, the Board and the Association shall give notice meet to those teachers who will discuss the anticipated reduction. Subsequent to this initial meeting, and after the employees affected by the reduction have been identified, such employees shall be non-renewednotified of the anticipated suspension of their teaching contracts. This notice notification shall occur at least seven (7) days prior to Board action suspending contracts. No contracts shall be suspended under this provision after the last Board meeting in July.
E. Teachers whose contracts are suspended shall forthwith be placed on a recall list, a copy of which shall be given early enough to allow the appeals procedure CFEA President. No new teachers shall be employed by the Board while there are teachers on the recall list who are certificated for the particular position the Board intends to take place before May 15fill.
F. A teacher whose name appears on the recall list shall be offered reemployment when a position becomes available for which he/she is certificated. Appropriately certificated teachers shall be returned to active employment in order of system-wide seniority by rating, except that in all cases, continuing contract teachers, if any, shall have a preference over limited contract teacher. The following procedures shall apply:
1. The Board shall recall the teacher to active employment by giving written notice by registered or certified mail to the teacher. It shall be the responsibility of each teacher to notify the Board of any change in address. The teacher’s address, as it appears on the Board’s records, shall be conclusive when used in connection with an offer of reemployment.
2. If a teacher does not accept reemployment in writing, postmarked within fifteen
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. A. Introduction
1. There The Board has the exclusive authority to determine the appropriate number of certified employees. A reduction of certified employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, or other legitimate business reasons.
2. A reduction of certified employees, other than administrators, will be done through normal attrition if possible. If normal resignations and retirements or the nonrenewal of non-tenured teachers do not meet the necessary reduction in the number of teachers required, the Board may terminate certified employees.
3. It shall be the responsibility of the Superintendent to make a recommendation for termination to the Board. When a reduction in force takes place the least senior teacher shall be laid off first, provided that the least senior teacher does not have experience and qualifications that are substantially greater than a more senior teacher. If the less senior teacher has such experience and qualifications, a more senior teacher shall be laid off first.
4. The Superintendent shall consider the following criteria in order in making the recommendations. Criteria:
a. Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
b. Number of continuous years of service to the school district;
c. Relative skills, ability and demonstrated performance.
5. Seniority List
a. On or about December 1 of each school year, the School District shall cause a seniority list, (by name, date of employment, qualification, and certification), to be prepared from its records. It shall thereupon post such list in an official place in the school building.
b. Any person whose name appears on such list, may disagree with the findings of the School District in terms of its listing of employees seniority. Such person shall have five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order working days from the December 1 posting to carry out all of the steps in a timely fashionsupply written documentation, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessaryproof, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) request for seniority change to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the School District's Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is madec. Within five (5) working days thereafter, the School District shall determine, as accurately as possible, evaluate any and all such written communications regarding the total number order of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc.seniority contained in said list, and these vacancies shall be taken into consideration in determining make such changes as the number of available teacher positions for the following yearSchool District deems warranted. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One final seniority list shall thereupon be preparedprepared by the School District, and shall be posted in an official place in the school building. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on Such list shall be binding upon the District salary schedule and all teachers shown thereupon and shall be given govern the greater seniority. If there is still a tie, it shall be broken by lotapplication of Reduction in Force until thereafter revised.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order 17.1 The District shall meet with the Association at the earliest possible opportunity to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a discuss any proposed reduction in force (RIF) to and the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board parties shall take no action on the RIF and shall invite the Association to make a recommendation at good faith effort to prevent any reduction in force from occurring, as well as any means to minimize any potential impact of a reduction. Employees shall be laid off in the next regularly scheduled meeting.
2. The Board shall determine inverse order of seniority, unless in the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, opinion of the District shall determinea review of the background, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc.skill, and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent experience of the RIF shall only be as many teaching positions as necessary to reduce costs to employees together with the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent immediate and the Board shall consider the following factors in their actions:
a) The program anticipated needs of the studentsDistrict and other factors provide a good and sufficient reason for the layoff of an employee other than the one(s) with the least amount of seniority. Probationary employees will be terminated first.
b) The graduation requirements 17.2 Recall of paraprofessionals shall be in the inverse order of their layoff. Any paraprofessional who is laid off will, if recalled, be entitled to all the benefits to which he/she was entitled prior to layoff, including, but not limited to, unused accumulated sick leave, seniority and position of the students.
c) The requirements salary schedule. To the extent possible, said offer shall contain the same number of accreditation.
d) The requirements for compliance with hours and/or similar responsibilities as the Basic Education Act.
D. Educational Staff
1unit member's former position. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent Such offer shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be subject to Article 7. Paraprofessionals who are laid off shall be entitled to voluntarily apply for recall rights of twice their length of service to a two (2) years unpaid leave maximum of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
317.3 Paraprofessionals, upon receipt of notification of being laid off, shall notify in writing the Superintendent of their intentions regarding recall. One seniority list In stating their intentions to be recalled, they should include an expeditious means of contact, especially in the summer months. Positions that may from time to time be created will be offered to paraprofessionals in the order as mentioned in 17.2 above. Paraprofessional(s) will be contacted by registered letter and/or telephone information using the information as outlined in the paraprofessional’s letter of intention. If the paraprofessional does not accept the offered paraprofessional position within five (5) business days of the date of written notice, such paraprofessional's employment shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected terminate on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule date set forth in such notice and he/she shall be given the greater seniority. If there is still a tie, it shall be broken by lotforfeit recall rights as provided herein.
4. For each 17.4 In the event that a Title I position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who filled by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next yearrecall, the Superintendent shall give notice to those teachers who will be non-renewedmandated to offer the position to the first paraprofessional that carries a “Highly Qualified” status. This In the event that the first paraprofessional on the recall list is not “Highly Qualified”, the Superintendent will continue down the list until such time that a paraprofessional of “Highly Qualified” status is reached. At this point, provisions of 16.3 above will apply; as such, in the event that the paraprofessional refuses the Title I position, such paraprofessional's employment shall terminate on the date set forth in such notice and he/she shall be given early enough to allow the appeals procedure to take place before May 15forfeit recall rights as provided herein.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
Section 1. There are five (5) basic steps Seniority means an employee's length of service and shall be computed from the date the employee began regular, uninterrupted service with the Office of Public Instruction in a reduction in forceposition covered by this Agreement. These occur in logical Temporary employees do not accrue seniority and temporal order as listed below. In order to carry out all are not part of the steps bargaining unit. For the purposes of this Article, full-time status is defined by the employee’s position and not the schedule arranged with the supervisor.
Subsection 1. Seniority shall cease to accrue during a leave without pay in excess of 60 working days, or upon a permanent transfer out of the bargaining unit, and shall be revoked upon voluntary termination, retirement, or discharge for cause. When an employee returns to the bargaining unit from an approved leave or transfers into the bargaining unit from a position within the OPI, seniority shall begin to accrue at the point when the employee returns to the bargaining unit and shall include all previous time earned within the bargaining unit.
Subsection 2. Service time in a timely fashionposition in the OPI prior to the first Collective Bargaining Agreement on May 11, 1981, shall be counted towards an employee's seniority.
Subsection 3. On January 1, of each year, and upon request from the Association Chapter President, the District agrees Employer shall give a list of all OPI bargaining unit members and their seniority status to hold two (2) regularly scheduled Board meetings a month during March and Aprilthe Association Chapter President. Disputes concerning the seniority roster must be raised within 30 calendar days of delivery of the roster, if necessary, and a least one (1) regularly scheduled meeting in April before April 15or it shall be considered correct.
B. Necessity and Extent
1Subsection 4. The Superintendent may recommend If a reduction Reduction in force Force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content employee should be counseled as much as possible in advance, by OPI management personnel, of the educational program anticipated action, available options and reasons for the layoff. When 25 or more employees are affected, notice must be at least 60 days prior to the RIF. When the RIF affects less than 25 employees, notice must be at least 14 days prior. Job profiles are available from the human resources manager upon request.
Section 2. When the Employer determines to reduce the number of employees, the Employer will identify the targeted position(s). The Employer will determine minimum qualifications for each targeted position based on the current job profile. The determination as to whether the employee electing to bump meets the minimum qualifications of the following year to the Board at a Special Meeting scheduled later in Aprilcurrent job profile shall be based on an updated resume. The Board shall determine at affected employee(s) may then elect to bump other employees with less seniority in the meeting the educational program for bargaining unit using the following year. Both the Superintendent and the Board shall consider the following factors in their actionsprocedure:
a1) The program needs Bump the least senior employee in the same O-NET job group and pay band for which the RIF’d employee meets the minimum qualifications for that position; if this is not possible, then,
2) Bump the least senior employee that is in the same band for which the RIF’d employee meets minimum qualifications for that position; if this is not possible, then,
3) Bump the least senior employee in the same O-NET job group and next lower pay band for which the RIF’d employee meets the minimum qualifications for that position; if this is not possible, then,
4) Bump the least senior employee that is in the next lower band for which the RIF’d employee meets minimum qualifications for that position. Steps 3 and 4 repeat through the lowest pay band. If this is not possible, then,
5) Bump any temporary position in the any pay band for which the RIF'd employee meets minimum qualifications for that position (the employee loses permanent status and accrued seniority).
Subsection 1. An employee wishing to exercise bumping rights shall notify the human resources manager, in writing, of the studentsposition the employee wishes to bump into within 10 working days or a reasonable period of time mutually agreed upon by the employee and Employer, after receiving written notification of the RIF. The employee must also submit an updated resume.
b) The graduation requirements of Subsection 2. All permanent part-time employees are covered by the studentssame language listed in Article 12, with the understanding that permanent part-time employees’ rights are connected and confined to other permanent part-time positions. For example, an employee in a permanent part-time position cannot use the employee’s seniority status to replace a less senior employee unless that employee is also in a permanent part-time position. An employee in a full-time position may not replace a less senior employee in a part-time position.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1Section 3. If the Board has determined layoff is anticipated to last longer than 15 working days, the employee shall be terminated. Upon termination, due to a RIF is necessary RIF, the employee may cash out accumulated annual leave, sick leave and if retirement contributions, or the Board has established an educational program agency may allow the employee to maintain accumulated annual leave and sick leave for the following yearpreference/reinstatement period of one calendar year from the effective date of layoff, even though terminated. A laid off employee who elects to retain sick leave, annual leave or both may subsequently submit a written request to cash out the leave at any time during the one-year reinstatement period or the State Employee Protection Act benefit period. At the end of the State Employee Protection Act benefit period, provided the employee elected these benefits, the Superintendent shall apply agency must cash out all leave balances and effectively terminate the provisions of this section to determine the educational staff for the following yearemployment relationship.
Subsection 1. The most senior employee on layoff status who possesses the qualifications as discussed above will be offered open positions as they become available before less senior employees on layoff status. Any laid off employee who refuses a recall offer or offer of reinstatement to a position of the same or higher classification than the position the employee held when laid off, will lose reduction in force rights to recall or reinstatement.
Subsection 2. The District Employer will provide notify employees being recalled of available positions in writing by certified mail. If an announcement employee fails to respond to the certified educators in notice of recall or an offer of reinstatement within 5 calendar days of receiving the areas where notice, the RIF must occur, offering employee will be considered to have forfeited the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same employee’s right to return to work as a certified work. It shall be the employee's responsibility to keep the Employer notified of the employee’s current address.
Subsection 3. All privileges and benefits extended by this rule terminate at the end of the one-year preference/reinstatement period.
Section 4. At all stages of the RIF process, the following pay protection shall be in place for employees:
1) If the entry level salary for the new position is greater than the employee’s current salary, the employee returning from a leave of absencewill be paid at the entry level for the new position.
2) If the new position is in the same group and pay band, the employee will maintain the employee’s current hourly pay rate.
3) If the entry level for the new position is less than the employee’s current salary, the employee may maintain the employee’s current market ratio up to 100% of market.
Subsection 1. One seniority list Layoff shall not be preparedused as an alternative to discharging an employee for cause or disciplinary purposes. Seniority Unsatisfactory employees should be terminated subsequent to complete and appropriate evaluation, review and documentation. If an unsatisfactory employee is defined as laid off without appropriate evaluation, review and documentation, the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught employee must be treated the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotas any other laid off employee.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in The Board may make a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reasonable reduction in force (RIF) to the Board. If ), if such a recommendation is made it must be made at least reduction becomes necessary by the regularly scheduled Board meeting reason of a decrease in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that timestudent enrollment, the seniority lists referred return to in Section Xduty of a regular full-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any time teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, from leave of absence, dischargefor financial reasons, or non-renewal, etc., and these vacancies shall be taken into consideration in determining by reasons of suspension of school or territorial changes affecting the number of available teacher positions for the following yeardistrict. The Board following procedure shall determine apply to all full-time teaching employees.
B. Except in the case of a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs due to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as duty of a certified employee returning bargaining unit member from a leave of absence, the Association shall be notified in writing at least forty-five (45) calendar days prior to any Board meeting at which it will take a vote to implement a RIF of bargaining unit positions. The notice shall also include a list of the positions which the Board intends to eliminate and the effective date of the RIF. Upon such notification, representatives of the Board and Association shall meet at least thirty (30) calendar days prior to the Board meeting to review the list of positions affected. The Board will prepare the list of affected positions by taking steps in the following order on the basis of the information known at the time:
1. Eliminating bargaining unit positions, where possible, due to attrition (retirement, resignation, or other severance from employment).
32. One seniority list Not hiring for or filling vacant affected bargaining unit positions until contracts have been suspended and the RIF is completed.
C. Reduction in force shall only be preparedaccomplished by the Board suspending contracts in areas of certification/licensure recommended by the Superintendent. Seniority is Bargaining unit members affected by the reduction shall then have their contracts suspended in accordance with ORC Section 3319.17 based on their contract status, comparable evaluation as defined as in Section D of this Article, and seniority, within the number affected areas of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI recordscertification/licensure. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule Those bargaining unit members serving under continuing contracts shall be given a preference over those serving under limited contracts and placed on the greater seniority. If there is still a tieseniority list above those employees under limited contracts, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least in descending order of seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined beloweach area of certification/licensure affected.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
REDUCTION IN FORCE. A. IntroductionThe following reasons shall apply when the Board determines it is necessary to reduce the number of certified staff positions:
1. There are five (5) basic steps Decline in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingstudent enrollment.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred Return to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number duty of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave regular bargaining unit members after leaves of absence.
3. One seniority list shall be prepared. Seniority is defined as the number Suspension of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Formschools, or SPI records. In case two (2) or more teachers have taught territorial changes affecting the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotdistrict.
4. For each position that Financial reasons.
B. To the extent possible, the number of bargaining unit members affected by a reduction in force will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program minimized by not employing replacements for the following year as defined belowthose employees who retire or resign.
5C. Reductions needed beyond those available by attrition, as mentioned in B, will be made by suspending contracts. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the The Superintendent shall give notice of intent to those teachers who will be non-renewedsuspend contracts to the Association thirty (30) days prior to the Board action and to all bargaining unit members so affected thirty (30) days prior to Board action. This The Association and superintendent shall confer on the reasons for such reduction within fifteen (15) days of receipt of notice of the Superintendent's intent to recommend such reduction to the Board.
D. A list shall be given early enough prepared and kept updated ranking all tenured bargaining unit members by seniority, giving all areas of certification and present teaching assignment(s); then all non- tenured bargaining unit members in the district by seniority, giving all areas of certification and present teaching assignment(s).
E. Seniority shall be defined as continuous employment of a bargaining unit member beginning with the first date the bargaining unit member reported for duty. Continuous employment shall include all time on sick leave, Board approved leaves of absence, military leave, disability retirement to allow a maximum of five years, and all time during suspension if the appeals procedure to take place before May 15bargaining unit member is reinstated. Seniority shall be lost when a teacher resigns or retires and is accepted in the retirement system.
Appears in 2 contracts
Samples: Master Contract Agreement, Master Contract Agreement
REDUCTION IN FORCE. If the Board determines it necessary to reduce the number of teaching positions under ORC Section 3319.17 or for financial reasons, the following procedures shall apply:
A. IntroductionReductions shall be made by suspending contracts based upon the Superintendent’s recommendation who shall, within each teaching field affected, give preference to teachers on continuing contracts. The Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. Those contracts to be suspended will be chosen as follows:
1. There All unit members will be placed on a seniority list for each teaching field for which they are five (5) basic steps properly certificated. Unit members serving under continuing contracts will be placed at the top of the list, in a reduction descending order of seniority. Unit members serving under limited contracts will be placed on the list under continuing contract unit members, also in forcedescending order of seniority. These occur in logical and temporal order as listed belowUnit members will be deemed to have comparable evaluations for the purpose of RIF with those unit members who have the same rating on the evaluation. In order the event of a reduction, a unit member who has received an evaluation rating of Skilled and wishes to carry out appeal the rating may do so by requesting an appeal in writing to the Superintendent. Such appeal shall be heard by the Superintendent/designee within three (3) calendar days. The Superintendent/ designee shall review all of evidence presented and consider it with the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least rubric. Within one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1school day, the Superintendent/designee will announce that he/she has either upheld the evaluation rating of Skilled or has deemed the rating Accomplished. The Superintendent may recommend a reduction in force (RIF) to decision of the Board. If such a recommendation is made it must Superintendent/designee shall be made at least by the regularly scheduled Board meeting in Marchfinal and binding. The Board rating shall take no action on remain in place for the RIF and shall invite the Association to make a recommendation at unit member until such time as the next regularly scheduled meetingfull-cycle holistic evaluation rating has been recorded.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 Seniority will be made available by defined as the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests onelength of continuous service as a certificated employee under regular contract in this District.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, a. Board approved leave of absenceabsence will not interrupt seniority, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for but time spent on such leave shall continue to receive paid medical and dental benefits for up to not count toward seniority.
b. If two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will or more unit members have the same right to return to work as a certified employee returning from a leave length of absence.
3. One continuous service, seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.by:
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in 6.1 In the event of a reduction in force, layoffs will be made within the Association. These occur in logical and temporal order RIF shall be defined as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in the work force (RIF) to the Boardbeyond normal attrition. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine When a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessaryimplemented, the Superintendent shall recommend Executive Director of Human Resources will provide the content Association with a list of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2positions that will be impacted. The District will provide an announcement work with the Association to reasonably minimize the certified educators in impact for the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise RIF.
6.2 Employees will be laid off to voluntarily apply on the basis of seniority, the least senior laid off first when qualifications are substantially equal among the affected employees. Seniority shall be defined as the length of service within the District as a member of the Association.
6.3 The District shall provide the Association with a seniority list by November 1 of each year.
6.4 State and Federal programs and statutes shall be observed where applicable for specially funded programs.
6.5 In no case will a new employee be employed by the District while there are RIF’d employees who are qualified for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave vacant or newly created position.
6.6 Employees whose positions have been eliminated due to reductions in work force or who have been affected by a layoff shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to assume a position for which they are qualified, which is held by the least senior employee. Unused sick leave
6.7 An employee transferred because of layoff may exercise his/her seniority to return to work as a certified employee returning from a leave position similar to that vacated owing to lay-off, provided that qualifications are equal to that of absenceothers also applying for this position.
3. One seniority list 6.8 Employees to be laid off shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI recordsreceive no less than thirty (30) days notice prior to lay- off. In case two (2) or more teachers have taught a normal budget cycle, if the same number of yearsSchool Board authorizes, then the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still date for notification to employees receiving a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined no later than July 1.
6.9 The District shall notify the Association officers prior to be necessary for the educational program layoff notices being sent to employees and provide detailed reports of the next year, if that teacher during financial status of the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach district as defined belowrequested.
6. A teacher is qualified 6.10 Employees shall not be bumped or reduced in hours or seniority ranking by school employees who are not represented by the bargaining unit.
6.11 Laid off employees shall be recalled in reverse order of layoff to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and any position for which they are qualified.
6.12 RIF’d employees shall retain their seniority for purposes of recall for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent period of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.two
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to seniority of unit members within the Board. If such a recommendation is made it must overall classification of Teaching Assistant shall be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingdetermining factor.
2. The Board Throughout this Agreement seniority shall determine be defined as the necessity for a RIF and its extent at least by length of continuous service in the regularly scheduled meeting bargaining unit in April. At that timethe North Andover School District, measured from the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests onefirst day of employment.
3. Before that decision is madePeriods of service interrupted by resignation, retirement, termination or a leave not authorized in writing by the District shall determinenot be added together to determine seniority. When such a break in service occurs, as accurately as possibleseniority shall be calculated or measured beginning with the most recent date of re-employment.
4. A period of voluntary or involuntary unpaid leave of absence which has been approved by the Committee or a layoff caused by reduction in force or a leave which is a medical leave of absence that would qualify under the terms of MGL Chapter 32B section 7 shall not constitute a break in service, but the length of such leave shall not be credited in calculating or measuring seniority benefits.
5. A seniority list will be published by the Superintendent through the Director of Human Resources each year on the first school day in October. It will be disseminated via e-mail to the Chair/Co-Chairs of this unit with a copy to the President or Co-Presidents of the North Andover Teachers’ Association. The Chair/Co-Chairs of this unit will disseminate it to the members of this bargaining unit. The official date of the release of the seniority list shall be consistent with the date it is released via email to the Chair/Co-Chairs of this unit. Questions or objections to the seniority list must be filed, in writing, no later than November 1st with the unit Chair/Co-Chairs of this unit. If no questions or objections are filed, the total number aforesaid listing will be deemed final and binding and there will be no additional challenges to that list. In the event there are questions or objections raised in writing to the Chair/Co-Chairs of teachers leaving this unit, these will be jointly examined with the District Director of Human Resources and the Superintendent or designee. If resolution of the issue(s) raised fails to occur within thirty (30) days following the close of the period in which questions/objections can be raised, the unsettled questions/objections may be submitted by the Association to arbitration at the Department of Labor Relations for reasons final and binding resolution thereof.
6. Recall shall occur in the reverse order of retirementlayoff. Should a vacancy occur within the bargaining unit and there is a unit member who is on the recall list, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies the laid off unit member shall be taken into consideration in determining given the number of available teacher positions for first opportunity to fill the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1vacancy. If the Board has determined that RIF vacant position requires the delivery of behavioral services, then only those unit members who have completed the in-district behavioral services training will be offered the vacancy in the order of seniority. If a unit member declines the offer of recall, or is necessarynot offered the position, they shall be skipped on the list and the position shall be offered to the next unit member on the recall list. If a unit member declines the offer of recall for a third time, then will fall to the bottom of the list. If no unit member accepts the recall or if there is no one on the recall list, the Superintendent shall recommend the content of the educational program of the following year to the Board at position may be posted as a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the studentsvacancy.
b) The graduation requirements of 7. A unit member on the students.
c) The requirements of accreditation.
d) The requirements recall list shall remain on the list for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave from the effective date of absencethe layoff. Any certified educator that volunteers for such leave A unit member shall continue retain all seniority, sick leave, personal leave, longevity, and salary level they earned prior to receive paid medical and dental benefits for up to layoff if recalled within two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list Said member shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private educationnot receive any accrued seniority, grade P-12sick leave, as reflected on the S-275 Formpersonal leave, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary gradelongevity, or a categorical program if that teacher has salary level increase while on the recall list.
8. Any laid off unit member having recall rights will be contacted by both phone and email. During the school year an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last employee must contact Human Resources within three (3) years counting school days to receive the current offer, and must accept or refuse the offer within the following three (3) school yeardays. During the summer break an employee must contact Human Resources within five (5) calendar days to receive the offer, unless and must accept or refuse the teacher specifically requests not offer within three (3) calendar days. It is the responsibility of the unit member to be considered.
7. Once ensure their contact information is kept up to date in the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be nonemployee self-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.service portal Employee Self Service (ESS) Login
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1The Superintendent will have the responsibility for determining the number of Safety Services positions employed by the District. There are five (5) basic steps in If the Superintendent determines the need to reduce the number of Safety Services positions, the Superintendent may, at his/her discretion, declare the existence of a reduction in force. These occur In such event, the following administrative implemental procedures shall take full force and effect.
A. The greatest possible reduction will be accomplished through attrition.
B. The remaining reduction in logical and temporal order as listed belowthe number of positions will be accomplished by layoff.
1. In order The reduction shall be applied to carry out all the largest group of members of the steps Bargaining Unit positions which may be reasonably considered. The Superintendent or designee will consult with Union representatives prior to determining the group or groups of members of the Bargaining Unit positions from which the reduction will be made.
2. Within each specified group, Employees will be selected by the respective administrator for layoff in the following order:
a. Probationary Employees within their 90 day probationary period.
b. Employees on disciplinary probation when a timely fashionreduction in force is declared.
c. Employees who are on a plan of Assistance when a reduction in force is declared.
d. Within each of the above sub-paragraphs, if two or more Employees are otherwise equally eligible for selection, Employees with shorter lengths of total seniority within the District will be selected before those with longer lengths of total District seniority.
e. Following the above procedures, if two or more Employees are equally eligible based on total seniority in the District, the District agrees to hold Employee with the shorter length of current employment within the position will be selected before the Employee of longer length of current employment.
C. After implementing such a reduction procedure, the list of names of laid off Employees shall be maintained by the Human Resources Division for two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Actyears.
D. Educational StaffAny Employee who has been so laid off will no longer be considered an Employee and shall have no Employee rights or benefits other than those required by law or by this policy.
1E. Any Employee who has been so laid off may retain membership in the Board-provided Health Plan for a period of up to 18 months. However, the Board will make no contribution and the Employee must make advance arrangements for payment of premiums with the Employee Benefits and Insurance Management office.
F. It is the responsibility of the listed laid off Employee to keep the Human Resources Division informed of their current contact information, i.e., e-mail address, current address, and phone number. Additionally, the laid off Employee will maintain a current electronic employment application with Human Resources.
G. The named Employee on the list will be considered an internal applicant. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a vacancy occurs within two (2) years unpaid leave for which the named Employee on the list is qualified, the Employee will be contacted to interview for the open position. The usual employment procedures will be followed in determining the fitness for employment.
H. If any Employee on the list waives recall rights in writing, fails to accept recall to a position for which the Employee is qualified, fails to respond within 10 days to a recall notice sent to the latest address furnished to Human Resources Division, or fails to report for duty in the accepted position, the name of absencesuch shall be removed from the list and such Employee shall have no further recall rights.
I. Any Employee who is recalled shall regain all employment benefits to which he/she was entitled at the time of layoff. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental However, no benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that accrued during the layoff conditions remain. Such educators will have period of unemployment and the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list Employee shall be prepared. Seniority is defined as the number of years a teacher has taught subject to all changes in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers employment conditions which have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included been made in the next year's educational program that no other teachers in the District is qualified to teach as defined belowinterim.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. If the Board determines it necessary to reduce the number of teaching positions under ORC Section 3319.17 or for financial reasons, the following procedures shall apply:
A. IntroductionReductions shall be made by suspending contracts based upon the Superintendent’s recommendation who shall, within each teaching field affected, give preference to teachers on continuing contracts. The Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. Those contracts to be suspended will be chosen as follows:
1. There All unit members will be placed on a seniority list for each teaching field for which they are five (5) basic steps properly certificated. Unit members serving under continuing contracts will be placed at the top of the list, in a reduction descending order of seniority. Unit members serving under limited contracts will be placed on the list under continuing contract unit members, also in forcedescending order of seniority. These occur in logical and temporal order as listed belowUnit members will be deemed to have comparable evaluations for the purpose of RIF with those unit members who have the same rating on the performance portion of the evaluation. In order the event of a reduction, a unit member who has received a performance rating of Skilled and wishes to carry out appeal the rating may do so by requesting an appeal in writing to the Superintendent. Such appeal shall be heard by the Superintendent/designee within three (3) calendar days. The Superintendent/designee shall review all of evidence presented and consider it with the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least rubric. Within one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1school day, the Superintendent/designee will announce that he/she has either upheld the performance rating of Skilled or has deemed the rating Accomplished. The Superintendent may recommend a reduction in force (RIF) to decision of the Board. If such a recommendation is made it must Superintendent/designee shall be made at least by the regularly scheduled Board meeting in Marchfinal and binding. The Board rating shall take no action on remain in place for the RIF and shall invite the Association to make a recommendation at unit member until such time as the next regularly scheduled meetingfull-cycle summative evaluation rating has been recorded.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 Seniority will be made available by defined as the Superintendent's Office. One copy length of continuous service as a certificated employee under regular contract in this District.
a. Board approved leave of absence will not interrupt seniority, but time spent on such leave shall not count toward seniority.
b. If two or more unit members have the same length of continuous service, seniority will be sent to determined by: • the Association date of the Board meeting at which the unit member was hired, and copies will be available to any teacher who requests onethen by; • the date the unit member signed his/her initial employment contract in the District, and then by; • the initial date of the personal interview.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number The order of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies reduction in each certification/licensure area shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actionsfollows:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
REDUCTION IN FORCE. A. Introduction
1Section 1 In making reductions in staff, educational attainment, licenses and performance, as reflected in teacher evaluations, shall govern. There When merit and ability are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashionequal, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1seniority shall prevail. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF determination of relative merit and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies ability shall be taken into consideration in determining the number prerogative of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider an arbitrator may not substitute his judgment for theirs unless he finds their judgment to have been unreasonably exercised.
Section 2 Coordinators whose position is eliminated and who wish to return to a teaching position may do so, provided that they satisfy the following factors in their actions:
a) The program needs conditions: they are licensed and qualified; and, they can only return to a teaching position at the start of the studentsa school year.
b) Section 3 The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section Article shall not apply to the non-renewal of the contract of any employee.
Section 4 Seniority as used herein shall mean an employee’s length of service years, months and days in the employ of the Committees in the bargaining unit. Employees shall be credited for seniority purposes with all time spent on authorized leave of absences. In cases involving employees having identical seniority, merit and ability, lots will be drawn by said employees to determine seniority. A list indicating seniority of members of the educational staff for bargaining unit shall be prepared by the following year.
2. The District will provide an announcement Committees and forwarded to the certified educators in president of the areas where Association within 90 days following the RIF must occur, offering the opportunity for certified educators that would not execution of this Agreement and shall be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absenceupdated yearly by October 15. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified No employee returning from a leave of absence.
3. One seniority list shall be preparedaltered between revisions in the list except to correct an error. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule New employees shall be given added to the greater seniority. If list upon their entrance to the bargaining unit.
Section 5 A tenured employee who has been laid off shall be entitled to recall rights in the inverse order of his lay-off, to a position to which he is qualified for a period of two years from the effective date of his lay-off.
Section 6 Coordinators whose position is not eliminated but who wish to return to a teaching position may do so, provided that they satisfy the following conditions: there is still a tievacant position for which they are licensed and qualified; and, it shall be broken by lot.
4. For each they can only return to a teaching position that will be reduced, at the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent start of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Content Coordinators Contract, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1District retains the right described in NRS 288.150(3)(b) to reduce in force or layoff any employee because of a lack of work or lack of money, as determined by the District, subject to the procedures described in this article. There are five (5) basic steps in In the case of a personnel reduction and/or a reduction in force. These occur in logical and temporal order as listed below. In order of services, due to carry out all the lack of the steps in a timely fashionwork or lack of money, the District agrees employee with the least seniority shall be laid off first. All reduction in force shall be established by seniority in the Department. Departmental seniority shall be established from Article 50. Employees shall be recalled in the order of their seniority. No new employee shall be hired until all laid-off employees have been given opportunity to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15return to work.
B. Necessity and Extent
1. The Superintendent District shall notify the Union of the need to reduce the number of employees who are on payroll within the bargaining unit at least ninety (90) days before the effective date of a layoff. Such notice shall be given in writing addressed to the Union by certified mail. The notice shall disclose the number of positions affected, the rank or classification of each position so affected, and the division or divisions, if any, which are to be affected. Immediately after issuing the notice, the District shall give the Union a reasonable period of time, of no less than thirty (30) days, within which it shall meet and negotiate. The District shall respond to any proposals, which the Union may recommend make in response to the subject matter of notice.
2. Each employee who is to be reduced in rank or laid off as a consequence of a reduction in force or the disbandment of any division shall be given written notice, at least sixty (RIF60) days before such action is to occur, of the date, purpose and nature of the action that is to be taken with regard to him or her. The notice shall state the reasons for the action, and any rights, which the employee may have under the Department Policies and Procedures or this agreement with regard to his or her employment. A copy of the notice also shall be delivered to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests oneUnion.
3. Before In the event that decision a reduction in force results in the need for a redistribution of employees from superior ranks to lesser ranks, such reductions in ranks shall be accomplished by reducing in rank those employees with the least tenure in the affected rank counting from the employee’s date of promotion.
4. An employee who is madelaid off shall be paid for all accrued time in accordance with this agreement.
5. All employees who are reduced in rank or laid off shall not suffer any loss in benefit or entitlement accrued proper to the date of the action, e.g., holidays, vacation, personal leave, pension, and overtime, earned, accumulated and unused at the time of reduction in rank or layoff.
6. Each employee who is bumped out of rank or classification shall, in turn, be reduced only one rank, to the rank or classification immediately junior. This shall not pertain to layoffs, which shall be consistent with District seniority rights.
7. The employee shall receive the maximum salary for the lower grade. If the current salary is less than the maximum of the lower grade, the employee shall receive the closest salary rate of the lower grade.
8. No employee shall be promoted in a class where a demotion occurred due to a Reduction in Force until those who were demoted are offered positions in that Class.
9. For the purpose of this article, employee is representative of those non- supervisory, supervisory, and emergency support personnel covered under Article 2 of this agreement.
10. In the event the District determines that it will offer employees incentives for voluntary, early separations of service or retirement, the District shall determineestablish the criteria for eligibility and the amount of such incentive. Employees who elect to accept such offers may accept the incentive as a lump sum payment, and/or apply the incentive towards PERS credit purchases.
11. In the event a management level position such as accurately as possibleBattalion Chief or other position outside of the positions represented by Local 3895 is eliminated and results in a layoff of those personnel, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies affected person shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee his/her previously held position provided they were promoted out of Local 3895 and not hired from the outside. Upon returning from a leave of absence.
3. One to said position, the class seniority list shall be preparedset at the same amount of time that existed upon last occupying such position. Seniority is defined as Any seniority that was accumulated in a management level position shall be excluded from the number of years a teacher has taught in public or private education, grade P-12, as reflected on class seniority for the S-275 Form, or SPI recordsre-occupied position. In case two (2) no event shall this provision be utilized to circumvent a disciplinary demotion or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotvoluntary demotion.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1The procedures contained in this Article apply only to reduction in force other than through attrition. There are five (5) basic steps A reduction in force occurs when the Board decides to suspend contracts in order to reduce the number of employees because of decreased enrollment of pupils, suspension of schools, territorial changes affecting the district, employees returning from leaves of absence, or financial reasons. The Board’s decision not to fill a vacancy shall not be considered a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of .
I. Thirty days before the steps in Board makes the final decision that a timely fashionRIF will occur, the District agrees Board will notify the Association with a list of positions to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, be eliminated and a least one (1) regularly scheduled meeting in April before April 15list of employees who will be affected. The Association has the right to discuss and question the decision.
B. Necessity and ExtentII. Reductions shall be made by suspending contracts based upon the Superintendent’s recommendation. The contracts to be suspended will be chosen as follows:
1. The Superintendent may recommend All employees will be placed on a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingseniority list for each area of work for which they are properly qualified.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 Seniority will be made available by defined as the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests onelength of continuous service as a full-time or part- time bargaining unit employee under contract in this district.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs Board approved leaves of the studentsabsence will not interrupt seniority but time spent on such a leave shall not count toward seniority.
b) The graduation requirements If two or more employees have the same length of continuous service, seniority will be determined by:
(1) the date of the students.Board meeting at which the employee was hired, and then by
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave the date of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absenceapplication.
(3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall any remaining ties will be broken by lot.
4III. The names of employees whose contracts are suspended in a reduction in force will be placed on a recall list for up to 30 months from the date the reduction takes effect. For recall purposes, a half-time employee may be recalled for a half-time position and a full- time employee may be recalled to full-time position. With the above exceptions, each position that employee will be reduced, remain on the teacher with recall list until the least seniority earlier of the following:
1. He/she has been recalled.
2. He/she does not accept recall by responding in that department shall be non-renewed unless the teacher is determined to be necessary writing to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program Superintendent within seven calendar days of receipt of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowrecall letter.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. In the event the Montpelier Board of Education determines it necessary to reduce the number of certificated staff positions under the reasons set forth in Ohio Revised Code 3319.17, a decline in enrollment of a program, grade level, or building level, or due to a lack of funds, the following procedures shall be used:
A. IntroductionTo the extent possible, the number of teachers affected by reduction in personnel will be minimized by not employing replacement for employees who retire, resign or those whose limited contracts are not renewed for reasons other than reduction in personnel. Attrition alone may not be sufficient to accomplish necessary reductions.
B. Staff reductions needed beyond those available by attrition will be made by suspending contracts based upon the Superintendent's recommendation. The board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. For the purpose of this article, comparable evaluations are evaluations with the same OTES ratings based on a three (3) year running average, to the extent that such a number of evaluations exists. Teachers on continuing contract shall be given preference over teachers with limited contracts Seniority shall be defined as follows:
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One A seniority list shall be preparedestablished listing all members of the bargaining unit, the date of hire- in, and the areas of certification held by each teacher. Teachers holding continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers holding limited contracts will be placed on the list below continuing contract teachers, also in descending order of seniority. Seniority is defined as the number length of years continuous service to the Montpelier School System.
2. Authorized leaves of absence will not interrupt seniority, but time spent on such leave will not count toward seniority.
C. The names of teachers whose contracts are suspended in reduction of personnel will be placed on a recall list for up to twenty-four (24) months from the date of reduction. Teachers on the recall list will have the following rights:
1. No new teachers will be employed by the Board while there are teachers on the recall list who are certificated for the vacancy.
2. Teachers on the recall list will be eligible to be recalled. Seniority shall not be the basis for recalling a teacher, except when making a decision between teachers who have comparable OTES ratings. If a vacancy occurs, the Board will send a certified announcement to the last known address of all teachers on the recall list who are properly certified. It is the teacher's responsibility to keep the Board informed of his/her current address. The teacher must respond within seven (7) calendar days of the mailing date, otherwise he/she forfeits all recall rights. Recall shall be in reverse order of reduction.
3. If a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of yearsis recalled and is unable to obtain a release from contractual obligations to another school board, the teacher with the most number of hours toward horizontal placement will remain on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotrecall list for one (1) year.
4. For each position that will be reducedA teacher on the recall list will, upon acceptance of the teacher notification to resume active employment status, return to active employment status with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program same seniority, accumulation of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificatesick leave, and for a categorical program, satisfies salary schedule placement as he/she enjoyed at the appropriate state, or federal requirements and either has the equivalent time of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester layoff. Participation in benefits during the last three (3) years counting the current school year, unless the teacher specifically requests not layoff are pursuant to be consideredCOBRA.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Master Negotiations Agreement, Master Negotiations Agreement
REDUCTION IN FORCE. 5.01 When the Board determines it is necessary to reduce the number of bargaining unit positions, the procedures and principles set forth in R.C. 3319.172 will be utilized. A Reduction in Force may occur for the following reasons:
A. IntroductionDecline in student enrollment in the District or a particular program/class;
1B. Return of an employee from a leave of absence;
C. Suspension of schools or territorial changes affecting the District;
D. Financial reasons;
E. Job abolishment (which could include the closure of one or more school buildings);
5.02 The following classifications shall be used for the purpose of defining classifications in the event of a layoff: Bus Drivers Head Custodian Custodians Mechanics Head Maintenance Maintenance
5.03 Within each classification affected, the Superintendent will give preference first to employees under continuing contracts and then employees will be laid off by classification seniority, with the least senior employee laid off first. There are five (5) basic steps in Continuing contract employees shall have recall rights as authorized by law.
5.04 In the event of a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider notify the following factors in their actions:
aunion at least fourteen (14) The program needs calendar days before the reduction takes effect. Within ten (10) calendar days of such notification, a meeting may be scheduled at the request of the students.
b) The graduation requirements Union to discuss the reduction. In the event of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following yearrecall, the Superintendent union will be notified as soon as possible. Advanced notice of a reduction shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators not be required in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for event of a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for reduction caused by an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority 5.05 An employee whose name appears on the recall list shall be prepared. Seniority offered re- employment in order of system seniority when a position in the bargaining unit becomes available that the laid off employee has previously held and for which the laid off employee is defined as the number of years a teacher has taught in public or private education, grade P-12qualified, as reflected determined by the Superintendent. Written notice of such vacancy shall be sent by certified mail to the employee's last known address. It is the employee's responsibility to keep his/her current address on file with the District for this purpose. If the employee fails to accept re-employment, in writing, post-marked within ten (10) calendar days from the date of the notification or attempted delivery, said employee will be deemed to have rejected the offer and will be removed from the RIF list. Employees shall remain on the S-275 Form, RIF list for twenty-four (24) months from their last day of active service unless they fail to accept recall or SPI recordswaive their recall rights in writing prior to that time.
5.06 A continuing contract employee who is laid off shall not lose the right of restoration to continuing contract service status by reason of having declined recall to a position requiring fewer regularly scheduled hours of work than required by the position the employee last held while employed by the Board. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement Employees on the District salary schedule shall be given recall list may accept substitute positions without prejudice to their standing on the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, recall list if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District such employee is qualified to teach perform the substitute work, as defined belowdetermined by the Superintendent. Such employees will be given priority over other substitutes.
6. A teacher is qualified to teach 5.07 The Board will provide the Union Business Agent with a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent seniority list by October 30 of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current each school year, unless . The list will include hire date and the teacher specifically requests not type of contract (limited or continuing) held by the employee. Employees and/or the Business Agent shall have thirty (30) days to be considered.
7contest any inaccurate information contained on the seniority list. Once the Superintendent has determined the educational staff for the next yearIf no adjustments are necessary, the Superintendent shall give notice to those teachers who seniority list will be non-renewed. This notice shall be given early enough to allow final until November 30th of the appeals procedure to take place before May 15following school year.
Appears in 2 contracts
REDUCTION IN FORCE. A. Introduction11.01 When the Board believes it necessary, it may reduce the number of bargaining unit member positions because of a decline in student enrollment, return to duty of regular teachers after leaves of absence, suspension of schools or territorial changes affecting the district, financial reasons and because of changes in the curriculum and course offerings.
111.02 If staff reduction is deemed necessary for any of the above reasons, the reduction shall be made in accordance with the recommendation of the Superintendent. There are Seniority shall not be the basis of a reduction except between teachers with comparable evaluations. Preference shall be given to those teachers on continuing contract: Displacement rights shall be exercised by all members within their respective contract status (continuing contract - tenured or limited contract) with no non-tenured member exercising displacement over tenured teachers. Displacement shall be limited to areas of the member's certification.
11.03 Seniority shall be defined as continuous employment of a member beginning with the date of hire by the Board. Continuous employment shall include all time on sick leave, all time on Board approved leave of absence, all time on disability retirement to a maximum of five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessaryyears, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1all time during suspension if the member is reinstated. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies Seniority shall be taken into consideration in determining lost when a member resigns or retires If two or more employees have the number of available teacher positions for same seniority date, then the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort tie shall be made to reduce budget areas other than teaching.
C. Educational Program
1resolved by date of hire (Board approved date), with the employee having the earliest date being deemed the more senior. If the Board has determined that RIF employees have the same date of hire, then the employee with the highest last four (4) digits of their social security number shall be deemed the more senior employee.
11.04 Members whose contracts have been suspended shall have rights to recall. Seniority shall not be the basis of recall except between teachers with comparable evaluations.
11.05 When staff reduction is necessary, the Superintendent shall give notice of the intent to recommend the content suspension of the educational program of the following year contracts to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent Association and the members affected by the reduction at least forty-five (45) days prior to Board shall consider the following factors in their actions:
a) The program needs of the studentsaction to reduce staff.
b) A. The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary Association and if the Board has established an educational program for the following year, the Superintendent shall apply confer on the provisions reasons for such reduction within fifteen (15) days of receipt of notice of the Superintendent's intent to recommend such reduction to the Board.
B. A list shall be prepared and kept updated ranking all tenured members in the district by seniority, giving areas of certification and present teaching and building assignment; then all non-tenured members in the district by seniority, giving areas of certification, and present teaching and building assignment. Each teacher whose contract is to be suspended and the Association shall receive copies of this section to determine the educational staff for the following yearlist.
2. C. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not recall list shall be otherwise be laid off to voluntarily apply maintained for a two (2) years unpaid leave period of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may Thereafter no member on layoff shall retain his/her right to recall.
11.06 The employment of bargaining unit members specifically assigned to parochial/private schools which are paid from “pass through” funds received by the Board for that purpose from the State Department of Education shall be extended for an additional year (1) providing subject to the needs and preferences of the administration of the parochial/private school to which they are assigned. In the event the Board is advised in writing by the administration of the parochial/private school that the layoff conditions remain. Such educators will have services of the same right member assigned to return to work as a certified employee returning from a leave that parochial/private school are no longer needed the contract of absence.
3. One seniority list such member shall be preparedsuspended and he/she shall be placed on a recall list. Seniority is defined as Members whose contracts are suspended under the number provisions of years this Section shall have all rights under this Article. If a teacher bargaining unit member employed in an auxiliary position has taught in public or private educationhis/her position completely eliminated due to financial reasons, grade P-12, as reflected he/she shall be placed on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule recall list and shall be given the greater seniority. If there is still a tie, it shall be broken by lotrecalled in accordance with those provisions.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Master Contract, Master Contract
REDUCTION IN FORCE. A. IntroductionReduction in Force shall be defined as decreased enrollment of students, return to duty of regular teachers after leaves of absence, suspension of schools or territorial changes affecting the District, or financial reasons. When and if the Board determines it will be necessary to reduce the number of bargaining unit members, it will make a reasonable reduction in keeping with provisions of this Section. A reduction in force will not be made except for reasons set forth in Section 3319.17 of the Ohio Revised Code. No bargaining unit member's contract will be non- renewed for any of such reasons.
B. Reductions shall be made by suspending contracts based upon the Superintendent's recommendation as follows:
1. There The Board shall handle all staff reductions first through normal attrition;
2. Limited contract teachers shall be reduced by using the following order:
a. Area of Licensure/Certification
b. Competency as determined by formal evaluation
c. When evaluations are five comparable, by lowest seniority in the School District.
3. Continuing contract teachers shall be suspended only after all limited contract teachers in the teaching field of assignment by using the following order:
a. Area of Licensure/Certification
b. Competency as determined by formal evaluation
c. When evaluations are comparable, by lowest seniority in the School District.
C. Seniority
1. Each member of the bargaining unit will be placed on a seniority list for each teaching field for which he/she is certified/licensed. Unit members employed under continuing contracts will be placed at the top of each list in descending order of seniority. Unit members employed under limited contracts will be placed on each list beneath those on continuing contracts in descending order of seniority. The Human Resources Department will post and electronically notify members on or before November 10th the availability of the seniority list. Bargaining unit members will inform the Association and the District of any inaccuracies in the seniority list on or before December 15th. Inaccuracies shall be remedied not later than January 30th.
2. Seniority will be defined as the length of continuous employment as a member of the bargaining unit in this District.
a. Time spent while on a Board approved leave or while on a RIF status will not interrupt seniority and will count toward seniority, but not for the purpose of salary schedule placement except if on an approved paid leave or if the unit member has worked one-hundred twenty (120) days prior to the effective date of the suspension.
b. If two or more unit members have the same length of continuous employment, seniority will be determined by:
(1) the date of the Board meeting at which the unit member was employed, and then by;
(2) the date the unit member signed his/her initial employment contract in this district.
c. In the event of a tie in seniority among staff members each of whom holds a limited contract or each of whom holds a continuing contract, such tie shall be broken (i) first by suspending the contract of a staff member who is on a part-time contract that has fewer tenths before suspending the contract of a staff member that either is part- time with greater tenths or is full-time and (ii) then by utilizing a computer-generated number randomizer with the member generating the higher(est) number gaining seniority. For this and other purposes of this Section, “part-time” shall mean any amount less than a full (i.e., 100%) contract status and shall be in descending tenths of a full-time contract (i.e., .9, .8, .7, etc.).
3. A unit member so affected may elect to displace another unit member if:
a. He/she possesses a valid license/certificate in another area of licensure/certification other than the assigned area, and
b. He/she has earned a comparable or higher evaluation rating, and
c. He/she has higher seniority than the unit member he/she seeks to displace.
4. Unit members must be notified by the administration in writing on or before May 30 of the calendar year during which the suspension is to take place if the reason(s) for RIF are known on or prior to May 30. If the reason(s) for RIF are not known until after May 30, the notification will be sent as soon as possible in keeping with the provisions of this Section.
5. Any such election must be made within two (2) basic steps work days of the time the unit member is notified in writing that he/she will be affected.
D. The effective date of a suspension (RIF) will not take place during any contractual year after the one-hundred twentieth (120th) day of that contractual year. In such instances, the effective date of the suspension will be the first contractual day of the next contractual year. In all other instances, the effective date will be determined by the Board. An employee may not exercise the option of Sabbatical Leave in order to circumvent a reduction in force action affecting said employee.
E. The names of those bargaining unit members whose contracts are going to be suspended in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all force will be placed on a recall list, provided that placement of limited contract members on such list shall last for no more than twenty-four (24) months starting with the effective date of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15suspension.
B. Necessity and Extent
1. No new certificated employee will be employed by the Board while there are unit members on the recall list who are certificated/licensed for the vacant position and hold a contract for the same or greater tenths of service.
2. Unit members on the recall list will be recalled in reverse order of layoff for vacancies in areas for which they are certificated/licensed, provided that (a) no limited contract employee may be recalled to a vacancy that is for a greater tenths of service than his/her suspended contract, (b) no employee shall be required to accept a recall to a vacancy that is for a lesser tenths of service than his/her suspended contract, and (c) an employee on limited or continuing contract who does accept a recall to a vacancy that is for a lesser tenths of service than his/her suspended contract shall remain eligible, during the twenty-four (24) month recall period applicable to limited contract teachers, to be recalled to a vacancy that is for a greater tenths of service (but no greater than the tenths of service of his/her suspended contract).
3. When, and if, a vacancy occurs outside of the contract year and after the date a unit member is notified that his/her contract is to be suspended, the Board will send an announcement by certified mail to the last known address of all unit members on the recall list who are certificated/licensed for the vacant position and hold a suspended contract that is for at least the same tenths of service. It is the unit member's responsibility to keep the Board's Treasurer informed of his/her current address. If a vacancy occurs during the contract year but after the date a unit member is notified that his/her contract is to be suspended, a Board designee will hand-deliver a vacancy announcement to all unit members on the recall list who are certificated/licensed for the vacant position and hold a suspended contract that is for at least the same tenths of service. The Superintendent member shall sign indicating he/she has received the vacancy notice. All affected unit members interested in the vacancy are required to respond in writing or in person to the district's administration/Board office within ten (10) calendar days of receipt of the Board’s announcement. The affected unit member responding who has the highest placement on the seniority list for the certificate/license required for the vacancy will be assigned the vacant position effective immediately and will be removed from the recall list, subject to item 2(c) immediately above.
4. If a vacancy is not filled from the recall list by a unit member having at least the same tenths of service and to whom a notice is sent under item 3 immediately above, the Board will send an announcement by certified mail to the last known address of all unit members on the recall list who are certificated/licensed for the vacant position and who do not hold a suspended contract for at least the same percentage of service. The latter unit members may recommend then apply for the position and shall be deemed to be covered by the provisions of Section 7.01 above in doing so.
5. Any unit member receiving a recall notice who does not accept the recall for that vacancy shall be removed from the recall list. This section shall not apply if the recall notice is received after July 10th and the unit member is under contract with another school district.
F. Unit members already on a recall list under provisions of the previous Master Contract will automatically be provided all rights of recall under provisions of this Section.
G. No later than fifteen (15) days prior to the Board taking action on a reduction in force, the Association President shall be given the District's seniority lists for each area of certification/license and a list of those unit members whose contracts are going to be recommended for suspension.
H. The administration will hand-deliver letters to unit members affected by a reduction in force explaining the circumstances of such reduction if notice is provided during the contract year. If notice is provided outside of the contract year, the administration will provide letters via certified mail for unit members affected by a reduction in force explaining the circumstances of such reduction.
I. The unit member on suspended limited or continuing contract will have the right to remain a member of any or all employee group insurance policies at the unit member's expense from the time the suspension of his/her contract takes effect to the end of the twenty-four (RIF24) month recall period applicable to limited contract teachers, provided the full cost of the monthly premium(s) for such coverage(s) is remitted to the Board. If such a recommendation is made it must be made at least by 's Treasurer fifteen (15) days before the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent due date of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teachingpremium.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Master Contract, Master Contract
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent Board may recommend a reduction terminate employment in force (RIF) to the Board. If such a recommendation is made it must be made at least case of retrenchment necessitated by financial exigency, reorganization, or other cause determined by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingof Education.
2. The Board Superintendent shall determine announce when a reduction in force is necessary and seniority shall be the necessity basis for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests oneterminating positions.
3. Before that decision is madeSeniority will be defined as length of continuous service including approved Leaves of Absence, if any, from the District shall determine, as accurately as possible, the total number date of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available employment in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI recordsPlain Local School District. In case two (2) or more teachers have taught the same number event of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it the date of employment by official Board action shall be broken prevail, and then the first day of actual work, followed by lot.
4. For each position that will be reduced, the teacher with the least seniority When reduction in that department force becomes necessary it shall occur as follows;
a. Non-tenured shall be non-renewed unless the teacher is determined to first ones released.
b. Tenured shall be necessary to the educational program for the following year as defined belowlast ones released.
5. A teacher who by seniority is being considered for RIF The classified employee released shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belownotified by certified mail and/or receipted methods.
6. A teacher is qualified Once announced, the Board shall provide a certified list to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has Association on the equivalent order of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredrecall.
7. Once A classified employee whose name appears on the Superintendent has determined Reduction in Force list shall be offered re-employment when a position becomes available. Classified employees shall be recalled in descending order of seniority. No new classified employees shall be employed by the educational Board while there are members of the classified staff on the Reduction in Force list.
8. Classified employees being recalled shall be notified by certified mail and have ten (10) working days from the date of receipt to respond affirmatively. It shall be the employee’s responsibility to make appropriate arrangements for the next year, the Superintendent shall give notice to those teachers who forwarding or receipt of mail if he/she will be non-renewedaway from his/her address for more than five (5) working days.
9. This notice If the classified employee fails to respond in the affirmative upon recall, he/she shall be given early enough to allow removed from the appeals procedure to take place before May 15recall list and the Board of Education shall have no further obligation.
10. The recall list shall be maintained for two (2) years.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of To the steps in a timely fashionextent possible, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend number of staff affected by a reduction in force will be minimized by the impact of attrition. However, if the Board determines it necessary to reduce the number of bargaining unit positions for reasons of decreasing student enrollment, return to duty or regular employees after leaves of absence, suspension of schools, territorial changes affecting the District, or for financial reasons, further reductions will be made in accordance with the following procedures:
A. When the Board determines in any school year that there is a need to suspend employees' contract(s), the GHESSA will be given written notice of such possibility ninety (RIF90) days before the effective date of any reduction. Upon written request, the Board will provide the GHESSA president with written data concerning student enrollment, bargaining unit members' seniority, names of employees on leaves of absence, and financial information.
B. The GHESSA will make every effort to encourage staff who will be on leave, returning from leave, resigning or retiring, to notify the Superintendent in writing on or before the date of intended reduction in force.
C. The GHESSA President will be given the opportunity to make suggestions to the Superintendent before the recommendation for suspensions of contracts is made to the Board. If such a recommendation is made it must be made at least .
D. The GHESSA President and those staff who (prior to the exercise of any bumping rights) are being recommended for suspension by the regularly scheduled Board meeting Superintendent shall receive notice in Marchwriting on or before forty-five (45) days before the effective date of any reduction in force.
E. All members of the bargaining unit shall be placed on a seniority list by classification. The Board shall take no action Staff serving under continuing contracts will be placed at the top of the list in descending order of seniority. Staff serving under limited contracts will be placed on the list under continuing contract staff, also in descending order of seniority. Staff will be arranged in the following classifications: secretary, custodian, maintenance, paraprofessional, health services paraprofessional, food service, clerical, child care attendant, groundskeepers, accounting clerks, occupational therapy assistants, and educational technology specialist and service desk technician.
F. Seniority will be defined as the length of uninterrupted continuous service as an employee under regular contract in the Grandview Heights Schools.
1. Board-approved leaves of absence and time on RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingwill not interrupt seniority.
2. The Board shall determine the necessity for a RIF Resignation, termination, non-renewal, and its extent at least other leave not approved by the regularly scheduled meeting Board will interrupt seniority for purposes of reduction in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association force and copies will be available to any teacher who requests onerecall.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught staff has the same number length of yearsuninterrupted continuous service, seniority will be determined by:
a) The date of the teacher with Board meeting at which the most number employed was hired; and then by
b) The casting of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that Recommended reductions in a classification will be reducedmade by selecting the lowest person on the seniority list in that area of classification being laid off first. An employee affected by a RIF in his/her classification may elect to displace a bargaining unit member who has less seniority in a different classification with a lower pay scale, provided the employee who decides to bump into a classification other than his/her current one:
a) Has the requisite qualifications for the other classification, as determined by the Superintendent. The Superintendent's determination, as to the qualifications necessary to bump, is not grievable. Any required certification/licensing for the position must be possessed at the time of the RIF for a qualified individual to bump into one of those classifications.
b) A decision to bump into another classification or not to bump must be made at the time the employee is notified that he/she will be RIF'ed. A bargaining unit member who is laid off from one classification and elects to bump into another classification is to be paid at the beginning step of the new classification, and advance thereafter according to the experience in that classification, and forfeits recall rights as delineated below.
G. The names of bargaining unit members who are affected by the reduction in force shall be placed on a recall list for up to thirty-six (36) months from the date of the reduction. Those on the recall list shall have the following rights:
1. Staff on the recall list will be recalled in reverse order of the layoff or vacancies in their classification.
2. If a position initially abolished is re-instated, a new position becomes available, or a vacancy occurs, an attempt will first be made to consider the filling of such position from employees on the recall list. Employees on the recall list must be qualified for the position and shall fill the position as described in Section 4(a) above.
3. If a position initially abolished is re-instated, a new position becomes available, or a vacancy occurs, the teacher Board will send an announcement by first class mail to the last known address of each employee on the recall list who is qualified according to their prior classification.
4. It is the employee's responsibility to keep the Board informed of his/her current address, qualification, and experience. The Board shall not be held responsible for the employee's failure to comply with the least seniority in that department shall be non-renewed unless the teacher provisions of this Section. Each employee is determined required to be necessary respond by certified mail or by hand delivery to the educational program for district office as to whether or not the following year as defined belowposition will be accepted. The most senior qualified bargaining unit member who accepts the position in his/her old classification, or any new classification, and who responds in writing within ten (10) calendar days of mailing of any notification, shall receive the position. Any bargaining unit member who fails to respond by certified mail or personal delivery within ten (10) calendar days, or who accepts comparable employment elsewhere; or who declines an offered position within the school district, shall forfeit all recall rights.
5. A teacher who by seniority is being considered for RIF An employee on the recall list, upon the acceptance of a position, shall be determined return to be necessary for active employment status with the educational program same accumulation of sick leave, vacation time, and salary schedule placement as he/she enjoyed at the next year, time of lay off if that teacher during the current year teaches a class that is included employed in the next year's educational program that no other teachers same classification. If employed in a different classification, the District is qualified to teach employee must accept placement on the salary schedule as defined belowidentified previously in Section 4(b).
6. A teacher is qualified to teach a classWhere group insurance policies permit, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or employee whose contract has been classified as Highly Qualifiedsuspended may continue to participate in those benefits which are provided to those employees in active employment, or has taught provided that the particular class, or elementary level any year, or trimester during employee pays the last three total premium to the Board's Treasurer one (31) years counting week prior to the current school year, unless date the teacher specifically requests not Board normally pays the premiums to be consideredthe company.
7. Once These procedures apply only to the Superintendent suspension of contracts for reasons as set forth in the first paragraph of this Article. This Article shall not require the Board to fill any vacancy nor shall it interfere with any other lawful personnel practice in the district.
H. Any employee who has determined been notified that his/her contract has been suspended shall have the educational staff right to:
1. Be informed of his/her position on the seniority list, if requested.
2. Be placed at the top of the substitute list according to seniority for the next yearfirst call, the Superintendent shall give notice to those teachers who if requested. The GHESSA President will be non-renewed. This notice shall be given early enough to allow sent a list of the appeals procedure to take place before May 15names of employees who have been sent recall notices at the time of such recall meetings.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
REDUCTION IN FORCE. If the Board determines it necessary to reduce the number of bargaining unit positions under Ohio Revised Code 3319.17 or for financial problems, the following procedures shall apply:
A. IntroductionReductions shall be made by suspending contracts based upon the Superintendent’s recommendation. These contract to be suspended shall be chosen as follows:
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all All members of the steps bargaining unit shall be placed on a seniority list by each job classification for which they are currently employed. Members serving under continuing contracts shall be placed at the top of the list in a timely fashiondescending order of seniority. Members serving under limited contracts shall be placed on the list under continuing contract members, also in descending order of seniority.
2. System seniority will apply and is defined as the District agrees to hold two total number of years of continuous service in the District. A year is defined as one hundred twenty (2120) regularly scheduled Board meetings a month during March and April, if necessary, and a least days of work and/or paid leave in any one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following school year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occura. Board approved unpaid leaves shall not interrupt seniority, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for but time spent on such leave shall continue to receive not count toward seniority. Employees shall accrue seniority while on paid medical leave. For the purpose of a RIF, a unit member who becomes an administrator and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that is no longer in the layoff conditions remain. Such educators will have the same right to return to work bargaining unit shall retain his/her seniority as a certified employee returning from a leave of absenceunit member but shall not accrue seniority while an administrator.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case b. If two (2) or more teachers members have taught the same number length of yearscontinuous service, seniority will be determined by:
(1) the teacher with date of the most number of hours toward horizontal placement on Board meeting at which the District salary schedule shall be given member was hired, and then by
(2) the greater seniority. If there is still a tiedate the member signed his/her initial employment contract in the District, it shall and then
(3) any remaining ties will be broken by lotthe Superintendent’s review of recent evaluations and judgment regarding the best interest of the District.
43. For each position that Recommended reductions in job classification will be reducedmade by selecting the lowest person on the seniority list for that area of reduction. A member being displaced will be notified that he/she is being displaced within seven (7) days of the time displacement is known. Such displaced employees shall be placed on the recall list.
B. The names of members whose limited contracts are suspended in a reduction in force will be placed on the recall list for up to twenty-four (24) months from the date of reduction. Members on continuing contracts shall remain on the recall list indefinitely. Employees on the recall list shall have the following rights:
1. No new non-teaching staff will be employed by the Board while there is a member on the recall list who held the same position classification at the time of the layoff.
2. Members on the recall list will be recalled in reverse order of suspension for vacancies or new positions in the same classification from which he/she was laid off.
3. It is the responsibility of the involved member to advise the Board of an address where he/she can be reached. If the employee fails to respond in the affirmative during the specified time period, he/she will be removed from the recall list and the Board shall have no further obligation to him/her. If the position which becomes available varies in length of service per day and/or year from the position from which the employees was suspended, the teacher with employees may decline the least seniority in that department shall be non-renewed unless position without being removed from the teacher is determined to be necessary to the educational program for the following year as defined belowrecall list.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all The number of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend employees affected by a reduction in force will be kept to a minimum by not hiring replacements, insofar as practical, of those employees who retire, resign, or otherwise leave a position.
B. Whenever the Board determines that a layoff is necessary in a job classification for lack of work, lack of funds, transfer of property, or abolishment of positions, the following procedure shall be followed:
1. Thirty (RIF30) calendar days prior to the Boardeffective date of layoff, the Superintendent shall post a listing containing the name(s), seniority level(s), and classification(s) of those employees to be laid off. If such a recommendation is made it must Each affected employee and the Union President shall also receive written notice of layoff thirty (30) calendar days prior to date of layoff.
2. Employees shall be made at least by laid off according to seniority within the regularly scheduled Board meeting in Marchclassification(s) of reduction. The Board shall take no action first release limited contract employees in reverse order of their classification seniority and then release continuing contract employees in reverse order of their classification seniority.
a. Classification seniority shall be defined as continuous District service within the classification calculated from the most recent appointment to the present classification.
b. Authorized leaves of absence do not constitute an interruption of continuous service.
c. In the case of identical classification seniority, the earlier date of application to the District shall determine seniority rank.
d. An employee being laid off who previously held and satisfactorily performed in a different bargaining unit classification may elect to displace the least senior employee in the prior classification with comparable hours provided the employee being laid off has more classification seniority in the prior position than the employee being displaced. This election must be made within ten (10) calendar days after receiving a notice of layoff. The displacing employee must be currently qualified to resume the duties of the previously held position. For purposes of this provision, “comparable hours” means either the same hours as the displacing employee has or hours that differ from the displacing employee’s hours by sixty (60) minutes or less.
3. The following classifications shall be used to determine classification seniority for reductions in force:
x. Xxxx/Cashier e. Secretarial/Clerical
b. Bus Drivers f. Custodial/Maintenance
c. Mechanics g. Custodial/Sweeper
d. Paraprofessionals h. Library Media Specialist
4. Laid off employees shall have recall rights to their job classification for twenty- four (24) months subsequent to the effective date of layoff.
a. The Board shall recall employees to their job classification should vacancies arise for which he/she is qualified within the recall period according to classification seniority; i.e., inverse order of layoff.
b. Notice of recall shall be sent to the Union President and the employee standing highest on the RIF classification seniority list in the classification with the vacancy. Notices shall be sent to the employee’s last reported address. It is the employee’s duty to report address changes to the Board Treasurer in writing.
c. An employee must notify the Board of his/her acceptance of the position for which he/she is recalled within fourteen (14) days after the mailing of the recall notice or he/she shall be considered to have waived his/her right to recall.
d. An employee, upon recall, shall assume the same seniority level and shall invite the Association sick leave accumulation that he/she had when laid off.
e. If an employee is recalled to make a recommendation at the next position that has more or fewer regularly scheduled meetinghours than the position from which the employee was laid off, the employee will have the option to refuse the position without extinguishing his/her recall right under the above provisions.
25. Nothing in this Article shall require the Board to fill any vacancy. The Board shall determine be the necessity for sole determinant of whether a RIF vacancy exists and its extent at least by whether or not to fill the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowvacancy.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has Nothing in this Article prevents an appropriate teacher certificate, and employee on layoff from applying for a categorical programvacant position; however, satisfies it is understood that if such an employee applies for and is awarded a vacant position, his/her recall right under the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredabove provisions is thereby extinguished.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
REDUCTION IN FORCE. A. IntroductionA reasonable reduction in bargaining unit members may be made in the event that a reduction becomes necessary as a result of a substantially decreased enrollment of pupils, elimination of subjects or classes, return to duty of regular teachers after leaves of absence, budgetary restrictions, or by reason of suspension of schools or territorial changes affecting the District.
B. The number of persons affected by a reduction-in-force shall be kept to a minimum by not employing replacements for bargaining unit members who die, retire, resign or whose limited contracts are not renewed for performance reasons.
C. To the extent that reductions are not achieved through Section B above, reductions-in- force shall occur through the suspension of contracts.
D. A seniority list of all bargaining unit members in each area of their certification shall be developed annually by the administration according to the seniority provisions set forth in Article XXVII. The Association President shall receive a copy of the list(s) by January 15 of each year.
1. There Bargaining unit members volunteering to have their contracts suspended shall be the first to have them suspended.
2. Bargaining unit members holding temporary licenses in the lowest evaluation category shall be the next to have their contracts suspended by seniority, if the evaluation rating is Comparable. If further reductions are five (5) basic steps necessary, then the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent who shall recommend reductions in a reduction bargaining unit position by selecting the lowest person on the seniority list in forcethat area of certification and in the lowest evaluation category. These occur A bargaining unit member so affected may elect to displace another bargaining unit member who holds the lowest position on the seniority list in logical another area of certification provided he/she holds a valid license in the area and temporal order as listed below. In order is in the comparable evaluation rating category.
E. If a part-time bargaining unit member is to carry out all of the steps in a timely fashionbe laid off, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extentfollowing provisions shall govern:
1. The Superintendent bargaining unit member shall have been informed prior to the issuance of his/her contract that he/she may recommend be laid off at the end of the first semester.
2. The effective date of the layoff shall be the first day of the second semester. Only part-time bargaining unit members can be laid off mid-year.
3. The bargaining unit member and the MTA shall have been given written notification at least thirty (30) calendar days prior to the effective date of the intended layoff. The Association at that time shall be provided a reduction in force (RIFlist of positions to be eliminated, a list of bargaining unit member(s) to be affected by the layoff and the reason for the layoff.
4. At least twenty-five (25) calendar days prior to the date of the Board’s intended action, a meeting shall be held between representatives of the Board and the Association to review appropriate data and discuss the layoff.
5. If such a recommendation is made it must dispute occurs with regard to the justification for the layoff and/or the bargaining unit members to be made at least laid off, the matter(s) shall be submitted to expedited arbitration in accordance with the procedures established by the regularly scheduled Board meeting in MarchAmerican Arbitration Association.
6. All other provisions of Sections G through O below shall apply.
F. If a full-time bargaining unit member is to be laid off, the following provisions shall govern:
1. The effective date of the layoff shall begin on the day after the last day of school for bargaining unit members, unless the reason is return of a regular bargaining unit member after a leave of absence.
2. The Board shall take no action on layoffs prior to May 15.
3. The bargaining unit member and the RIF MTA shall have been given written notification at least thirty (30) calendar days prior to the effective date of the intended layoff. The Association at that time shall be provided a list of positions to be eliminated, a list of bargaining unit member(s) to be affected by the layoff and the reason for the layoff.
4. At least twenty-five (25) calendar days prior to the date of the Board’s intended action, a meeting shall invite be held between the representatives of the Board and the Association to make review the appropriate data and discuss the layoff.
5. All other provisions of Sections G through O below shall apply.
G. Bargaining unit members whose continuing contracts are suspended shall have the right of restoration to continuing service status in reverse order of layoff, if and when bargaining unit positions become vacant for which any of such bargaining unit members are licensed. After restoration rights of bargaining unit members with continuing contracts, those on limited contracts shall also be restored in the above-described manner.
H. The bargaining unit member shall return to work upon being called back by the Board by certified mail, restricted delivery, for the bargaining unit member only. If the bargaining unit member fails to return to work within five (5) working days after receipt of the notice as requested, then that shall be grounds for the termination of the contract of said bargaining unit member. However, if the refusal is due to a recommendation contractual obligation to another school district, such bargaining unit member will remain on the recall list through the end of his/her recall period. The bargaining unit member shall at all times have the obligation of keeping the Board apprised of his/her present address, and the Board shall notify the bargaining unit member at the next regularly scheduled meeting.
2address so filed with the Board. The Board shall determine have no other duties in seeking to notify the necessity bargaining unit member of his/her opportunity to return.
I. A bargaining unit member whose contract is suspended shall be placed on a recall list stating years of continuous service to the District, subject(s) and/or grade levels licensed to teach, and type of contract held at the time of suspension. A bargaining unit member may verify new areas of eligibility on the recall list by filing any new certification in the Superintendent’s Office by March 1. A bargaining unit member on the recall list shall be offered a contract for a RIF position for which he/she is licensed as positions become available and its extent at least by the regularly scheduled meeting in April. At that time, keeping with the seniority lists referred provisions (inverse order – last discharged, first employed). A part-time bargaining unit member does not have to in Section Xaccept a full-D-1 will be made available by the Superintendent's Office. One copy will be sent time position, and a full-time bargaining unit member does not have to the Association and copies will be available to any teacher who requests oneaccept a part-time position.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family J. No transfer, resignation, leave of absence, dischargereassignment, or nonjob reclassification shall prevent the recall of any laid-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teachingoff bargaining unit member.
C. Educational Program
1. If the Board K. A bargaining unit member with a limited contract who has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year not been recalled to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be duty after being laid off to voluntarily apply for a period of two (2) full school years unpaid leave shall no longer be deemed employed by the Board and shall be removed from the recall list.
L. A bargaining unit member or the MTA may grieve only that he/she, himself-herself should not have been laid off.
M. Any award for back pay shall be reduced by any compensation, including unemployment compensation received, during the period in which the bargaining unit member was actually laid off.
N. The Board reserves the right to nonrenew the contract of absence. Any certified educator that volunteers any limited contract status bargaining unit member pursuant to the terms and conditions of this collective bargaining Agreement and applicable State and Federal laws.
O. A bargaining unit member who is laid off at the end of the school year shall have his/her insurance premium(s) paid for such leave shall continue to receive paid medical the months of June, July, and dental benefits for up to two (2) years. Such leave may be extended for an additional August of the year (1) providing that of the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list and then shall be prepared. Seniority is defined as eligible to have his/her insurance coverage(s) continued, provided the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary bargaining unit member pays according to the educational program for the following year as defined belowC.O.B.R.A. Law.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps If the Board determines it necessary to decrease the number of staff or eliminate any position, the Board may lay off the necessary number of staff but only in a reduction in force. These occur in logical and temporal the inverse order as listed below. In order to carry out all of the steps district seniority of such staff. A staff member whose position has been reduced, who is qualified for another area or position may displace a staff person in the other area or position with less seniority. If the reduction of the least senior staff member would result in serious disruption to a timely fashionstudent's educational program, the District agrees Superintendent shall notify the President of the Association, explain the circumstances and will reduce the next least senior staff person. No staff person may be prevented from securing other employment during the period the staff person is laid off under this article. When staff positions become available, laid off staff members shall be reinstated in the inverse order of their being laid off, provided that they are qualified to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to assume the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in Marchavailable position(s). The Board shall take no action on prepare a seniority list which indicates the RIF and shall invite dates of employment of all members of the Association to make bargaining unit. When preparing such a recommendation at list, the next regularly scheduled meeting.
2. The Board shall determine initial date of employment will be the necessity for a RIF and its extent at least first day of work as noted by the regularly scheduled meeting in AprilSAU 88 payroll department. At that time, the seniority lists referred to in Section X-D-1 Such list will be made available by posted in September in each building. A copy of the Superintendent's Office. One copy will list shall also be sent provided to the Association and copies will President. Failure to provide the list to the Association President shall not be available to any teacher who requests one.
3. Before that decision is madegrievable, nor shall it impact the District shall determine, as accurately as possible, the total number validity of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following yearsuch list. The Board Association shall determine a RIF is necessary only if review the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs list and bring to the money projected to be availableBoard’s attention any errors therein or omissions therefrom within thirty (30) days of receipt. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If In the Board has determined that RIF is necessaryevent of a tie in seniority between two or more employees, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors will be considered in their actionsthe order stated:
a) The program needs a. Date of nomination by the Principal to be submitted within two work days of oral acceptance of a job offer;
b. Date of election by the Board;
x. Xxxx of written offer of employment A recalled staff member's credit for such previous years of service shall not be lost as a result of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements layoff and such recall rights shall remain in effect for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional following the school year (1) providing that in which the layoff conditions remainnotice was effected. Such educators will have Seniority within the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list bargaining unit shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private educationlost upon termination, grade P-12, as reflected on the S-275 Formresignation, or SPI recordsretirement. In case two (2) or more teachers have taught the same number Upon transfer to a position outside of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers this bargaining unit in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any more than one year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice an employee's seniority shall be given early enough frozen based on the original date of transfer, subject to allow renewal if the appeals procedure employee is rehired to take place before May 15a bargaining unit position.
Appears in 2 contracts
Samples: Professional Agreement, Professional Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of To the steps in a timely fashionextent possible, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend number of staff affected by a reduction in force will be minimized by the impact of attrition. However, if the Board determines it necessary to reduce the number of bargaining unit positions for reasons of decreasing student enrollment, return to duty or regular employees after leaves of absence, suspension of schools, territorial changes affecting the District, or for financial reasons, further reductions will be made in accordance with the following procedures:
A. When the Board determines in any school year that there is a need to suspend employees' contract(s), the GHESSA will be given written notice of such possibility ninety (RIF90) days before the effective date of any reduction. Upon written request, the Board will provide the GHESSA president with written data concerning student enrollment, bargaining unit members' seniority, names of employees on leaves of absence, and financial information.
B. The GHESSA will make every effort to encourage staff who will be on leave, returning from leave, resigning or retiring, to notify the Superintendent in writing on or before the date of intended reduction in force.
C. The GHESSA President will be given the opportunity to make suggestions to the Superintendent before the recommendation for suspensions of contracts is made to the Board. If such a recommendation is made it must be made at least .
D. The GHESSA President and those staff who (prior to the exercise of any bumping rights) are being recommended for suspension by the regularly scheduled Board meeting Superintendent shall receive notice in Marchwriting on or before forty-five (45) days before the effective date of any reduction in force.
E. All members of the bargaining unit shall be placed on a seniority list by classification. The Board shall take no action Staff serving under continuing contracts will be placed at the top of the list in descending order of seniority. Staff serving under limited contracts will be placed on the list under continuing contract staff, also in descending order of seniority. Staff will be arranged in the following classifications: secretary, custodian, maintenance, paraprofessional, health services paraprofessional, food service, clerical, child care attendant, groundskeepers, accounting clerks, occupational therapy assistants, technology and network specialist assistant, data and student services coordinator.
F. Seniority will be defined as the length of uninterrupted continuous service as an employee under regular contract in the Grandview Heights Schools.
1. Board-approved leaves of absence and time on RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingwill not interrupt seniority.
2. The Board shall determine the necessity for a RIF Resignation, termination, non-renewal, and its extent at least other leave not approved by the regularly scheduled meeting Board will interrupt seniority for purposes of reduction in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association force and copies will be available to any teacher who requests onerecall.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught staff has the same number length of yearsuninterrupted continuous service, seniority will be determined by:
a) The date of the teacher with Board meeting at which the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still employed was hired; and then by
b) Th e c a tie, it shall be broken by lots t in g o f a lo t .
4. For each position that Recommended reductions in a classification will be reducedmade by selecting the lowest person on the seniority list in that area of classification being laid off first. An employee affected by a RIF in his/her classification may elect to displace a bargaining unit member who has less seniority in a different classification with a lower pay scale, provided the employee who decides to bump into a classification other than his/her current one:
a) Has the requisite qualifications for the other classification, as determined by the Superintendent. The Superintendent's determination, as to the qualifications necessary to bump, is not grievable. Any required certification/licensing for the position must be possessed at the time of the RIF for a qualified individual to bump into one of those classifications.
b) A decision to bump into another classification or not to bump must be made at the time the employee is notified that he/she will be RIF'ed. A bargaining unit member who is laid off from one classification and elects to bump into another classification is to be paid at the beginning step of the new classification and advance thereafter according to the experience in that classification, and forfeits recall rights as delineated below.
G. The names of bargaining unit members who are affected by the reduction in force shall be placed on a recall list for up to thirty-six (36) months from the date of the reduction. Those on the recall list shall have the following rights:
1. Staff on the recall list will be recalled in reverse order of the layoff or vacancies in their classification.
2. If a position initially abolished is re-instated, a new position becomes available, or a vacancy occurs, an attempt will first be made to consider the filling of such position from employees on the recall list. Employees on the recall list must be qualified for the position and shall fill the position as described in Section 4(a) above.
3. If a position initially abolished is re-instated, a new position becomes available, or a vacancy occurs, the teacher Board will send an announcement by first class mail to the last known address of each employee on the recall list who is qualified according to their prior classification.
4. It is the employee's responsibility to keep the Board informed of his/her current address, qualification, and experience. The Board shall not be held responsible for the employee's failure to comply with the least seniority in that department shall be non-renewed unless the teacher provisions of this Section. Each employee is determined required to be necessary respond by certified mail or by hand delivery to the educational program for district office as to whether or not the following year as defined belowposition will be accepted. The most senior qualified bargaining unit member who accepts the position in his/her old classification, or any new classification, and who responds in writing within ten (10) calendar days of mailing of any notification, shall receive the position. Any bargaining unit member who fails to respond by certified mail or personal delivery within ten (10) calendar days, or who accepts comparable employment elsewhere; or who declines an offered position within the school district, shall forfeit all recall rights.
5. A teacher who by seniority is being considered for RIF An employee on the recall list, upon the acceptance of a position, shall be determined return to be necessary for active employment status with the educational program same accumulation of sick leave, vacation time, and salary schedule placement as he/she enjoyed at the next year, time of lay off if that teacher during the current year teaches a class that is included employed in the next year's educational program that no other teachers same classification. If employed in a different classification, the District is qualified to teach employee must accept placement on the salary schedule as defined belowidentified previously in Section 4(b).
6. A teacher is qualified to teach a classWhere group insurance policies permit, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or employee whose contract has been classified as Highly Qualifiedsuspended may continue to participate in those benefits which are provided to those employees in active employment, or has taught provided that the particular class, or elementary level any year, or trimester during employee pays the last three total premium to the Board's Treasurer one (31) years counting week prior to the current school year, unless date the teacher specifically requests not Board normally pays the premiums to be consideredthe company.
7. Once These procedures apply only to the Superintendent suspension of contracts for reasons as set forth in the first paragraph of this Article. This Article shall not require the Board to fill any vacancy nor shall it interfere with any other lawful personnel practice in the district.
H. Any employee who has determined been notified that his/her contract has been suspended shall have the educational staff right to:
1. Be informed of his/her position on the seniority list, if requested.
2. Be placed at the top of the substitute list according to seniority for the next yearfirst call, the Superintendent shall give notice to those teachers who if requested. The GHESSA President will be non-renewed. This notice shall be given early enough to allow sent a list of the appeals procedure to take place before May 15names of employees who have been sent recall notices at the time of such recall meetings.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps The language in a reduction in force. These occur in logical and temporal order as listed below. In order this Article is intended to carry out all of supersede Ohio Revised Code Section 3319.172, to the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15extent permitted by law.
B. Necessity If the Board decides it is necessary to reduce the number of bargaining unit members in a job position category, the following procedure will govern such layoff and Extentreinstatement:
1. The Superintendent may recommend number of people affected by Reduction In Force shall be kept to a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least minimum, as much as possible, by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingattrition.
2. Whenever bargaining unit members are laid off, affected members shall be laid off according to seniority within the job position category, with the least senior member laid off first. “Seniority” shall be defined as the uninterrupted length of continuous service with the Board computed from the first date of uninterrupted service, except if a member has been out of the bargaining unit during any period of such service, seniority shall be computed from the first date of uninterrupted service with the District by accumulating only time spent in the bargaining unit If two or more bargaining unit members have the same length of uninterrupted continuous service, seniority will be determined by;
a. The date of the Board meeting at which the bargaining unit member was hired; and then by
b. Selecting a number from a container with each number representing a different employee. The first number selected will be the most senior and the next number selected will be the next most senior, and so forth, until all ties in seniority are broken. The selection will be made by the administration with a representative of the Association present.
3. A seniority list shall be prepared annually by September 30 and provided to the Association President. Within thirty (30) calendar days after the seniority list is provided, any objection to the list must be presented. If no objection is made during the thirty (30) day period, no grievances can be filed over individual seniority dates, as published.
4. The Board shall determine in which job position category the necessity layoff should occur and the number of bargaining unit members to be laid off Except for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, involving a return from a leave of absence, dischargethe Board will give the Association at least thirty (30) days advanced notice of the Board action implementing the RIF. Except for a RIF involving a return from a leave of absence, or non-renewalafter Board action, etc., and these vacancies each member to be laid off shall be taken into consideration in determining given thirty (30) calendar days advance written notice stating the number effective date of available teacher positions for the following yearintended layoff. The Board may pay an employee in lieu of notice.
5. Bargaining unit members who are subject to lay-off, may displace the least senior member in another job position category, providing the following conditions are met:
a. The job position category must be a lower paying job position category in the job family (i.e., a maintenance employee could biunp a maintenance custodian and a maintenance custodian could displace a custodian); and the employee being displaced must have less seniority than the employee who is displacing that employee; or
b. The job position category must be a former job position category held by the bargaining unit member; and the bargaining unit member must have satisfactory experience in the former job position category; and the employee being displaced must have less seniority than the employee who is displacing that employee.
c. The bargaining unit member must be willing to accept the pay scale of the job position category.
6. Should the Board determine it desires to suspend a contract in part, so that an employee is required to work a percentage of the time the employee is otherwise required to work under the contract, the employee shall determine a RIF is necessary only if have the money projected option of accepting the reduced time contract or going on layoff, f the employee accepts the reduced time contract, the employee shall be entitled to be available placed on the reinstatement list to return to the level of time the employee was working before the layoff.
7. The Superintendent shall prepare a reinstatement list in reverse of layoff. Reinstatement shall be offered from this list before any new bargaining unit members are hired in the General Fund is insufficient to maintain the current program affected job position category.
8. Vacancies which occur in the job position category of layoff shall be offered to or declined by the qualified bargaining unit member standing the highest on the layoff list before the next yearperson on the list may be considered. The extent Members shall have ten (10) calendar days from the date of mailing to respond. Notification of acceptance or refusal should be presented to the Superintendent, in writing; however, failure to respond at all shall be considered refusal of the RIF shall only position. It is the responsibility of the involved member to advise the Board of an address where he/she can be as many teaching positions as necessary to reduce costs to the money projected to be availablereached. Every reasonable effort Any member who declines reinstatement shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If removed from the Board has determined that RIF is necessaryreinstatement list, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider have no further obligation to the following factors member. However, a refusal of an offer to return to work to a position of reduced time from the position which the member was laid off will not result in their actions:
a) The program needs removal from the reinstatement list. Notice of the studentsvacancy or reinstatement shall be by certified mail.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
29. The District will provide an announcement to bargaining unit member's name shall remain on the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply appropriate reinstatement list for a period of two (2) years unpaid leave from the effective date of absencelayoff. Any certified educator that volunteers If reinstated from layoff during this period, such member shall retain all previous accumulated seniority and all rights related to salary and fiinge benefits. Time spent on layoff shall not coimt as experience for such leave shall continue to receive paid medical and dental benefits for up to two (2) yearsseniority or salary purposes. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list All Bargaining unit members laid off shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary subject to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program provisions of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowConsolidated Omnibus Budget Reconciliation Act of 1986.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in 6.1 In the event of a reduction in force, layoffs will be made within the Association. These occur in logical and temporal order RIF shall be defined as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in the work force (RIF) to the Boardbeyond normal attrition. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine When a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessaryimplemented, the Superintendent shall recommend Executive Director of Human Resources will provide the content Association with a list of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2positions that will be impacted. The District will provide an announcement work with the Association to reasonably minimize the certified educators in impact for the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise RIF.
6.2 Employees will be laid off to voluntarily apply on the basis of seniority, the least senior laid off first when qualifications are substantially equal among the affected employees. Seniority shall be defined as the length of service within the District as a member of the Association.
6.3 The District shall provide the Association with a seniority list by November 1 of each year.
6.4 State and Federal programs and statutes shall be observed where applicable for specially funded programs.
6.5 In no case will a new employee be employed by the District while there are RIF’d employees who are qualified for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave vacant or newly created position.
6.6 Employees whose positions have been eliminated due to reductions in work force or who have been affected by a layoff shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to assume a position for which they are qualified, which is held by the least senior employee. Unused sick leave
6.7 An employee transferred because of layoff may exercise his/her seniority to return to work as a certified employee returning from a leave position similar to that vacated owing to lay-off, provided that qualifications are equal to that of absenceothers also applying for this position.
3. One seniority list 6.8 Employees to be laid off shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI recordsreceive no less than thirty (30) days notice prior to lay- off. In case two (2) or more teachers have taught a normal budget cycle, if the same number of yearsSchool Board authorizes, then the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still date for notification to employees receiving a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined no later than July 1.
6.9 The District shall notify the Association officers prior to be necessary for the educational program layoff notices being sent to employees and provide detailed reports of the next year, if that teacher during financial status of the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach district as defined belowrequested.
6. A teacher is qualified 6.10 Employees shall not be bumped or reduced in hours or seniority ranking by school employees who are not represented by the bargaining unit.
6.11 Laid off employees shall be recalled in reverse order of layoff to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and any position for which they are qualified.
6.12 RIF’d employees shall retain their seniority for purposes of recall for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent period of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.two
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. 12.01 Reduction in Force (RIF) When the Board, by resolution, deems it to be necessary to reduce hours or eliminate jobs staffed by members, lay-off resulting and ensuing recalls shall be governed by the following procedures.
A. Introduction
1If it becomes necessary to reduce members’ hours or reduce the number of members in any job classification, other than those reflected in Section 10.05 (Special Education/Crossing Guard), the Board may make the reductions by laying off members in the reverse order of District seniority within the affected classification. There are five Thirty (530) basic steps in a days prior to the reduction in force. These occur in logical , the Business Manager shall meet with the Association President to review the list of affected positions and temporal order as listed below. In order to carry out all the bumping rights, if any, of the steps affected members. All internal reassignments through bumping rights will be finalized before Board action on the members subject to the RIF. Members shall only have bumping rights within the affected classification series and may only bump down according to Appendix E. Assignments within classifications after bumping has occurred shall be restricted only by the provisions of Article X.
B. At least twenty (20) days prior to the effective date of RIF, the Board shall prepare and post for inspection, in a timely fashionconspicuous place, an accurate District seniority list containing the District agrees names, seniority dates and classifications of the members subject to hold two the RIF. Each affected member shall be given at least twenty (20) days advance written notice of the RIF, stating the following: (1) Reasons for lay off or reduction in hours and (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (the effective date of lay-off or RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at The administration may offer a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined member affected by a RIF a vacancy in another classification and/or classification series for which the member is necessary and if qualified. Any member reduced in classification or hours shall retain recall rights into the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply member’s classification for a two (2) years unpaid leave period of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that , during which time the layoff conditions remain. Such educators will have Board shall not hire nor promote anyone to the same right to return to work as classification affected by a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority RIF until all affected members in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program classification eligible for the following year as defined belowreinstatement have been reinstated.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction4.01 A reduction in the number of bargaining unit positions may be necessary because of decrease in student enrollment, lack of work or financial conditions.
14.02 Reduction in force does not include: voluntary retirement(s), resignation(s), or leave(s) of absence: employees who were employed to fill a temporary vacancy; or other means, such as non-renewal of contract, whereby positions are vacated. There are five Instead, Reduction in Force occurs when attrition will not eliminate enough persons or positions. In such cases, the Superintendent will include the levels and areas that might possibly be affected.
4.03 Ten (510) basic steps in calendar days before the Board acts on a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees Association President will be notified in writing by the school Administration.
4.04 The Board will suspend the contract of any employee affected by the reduction in force.
A. Individuals shall be released from the job classifications announced by the Superintendent according to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting seniority in April before April 15that job classification.
B. Necessity and ExtentClassification seniority is defined as an employee's length of last continuous service in the specific job while a bargaining unit employee. The following are the job classifications:
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.Custodians
2. Custodian/Maintenance
3. Bus Driver
4. Bus Mechanic
5. Cafeteria workers
6. Instructional Assistants
7. Secretaries In instances of both identical initial service dates in the District and identical date of employment by approval at the Board meeting a coin flip will be utilized to determine seniority unless otherwise mutually agreed. The coin flip will occur in the presence of the Association President, Superintendent and the affected employees.
C. A seniority list by job classification provided by the Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent submitted to the Association and copies will be available for their review by January 15th. Any correction that needs to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, seniority list must be provided in writing to the Superintendent shall recommend the content on or before February 1 of each year. Failure to object or request modification of the educational program seniority list by February 1 shall result in the waiver of any error, objection or challenge to the seniority list until the publishing of the following year to the Board at a Special Meeting scheduled later next seniority list in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. D. The District will provide an announcement order of reduction according to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One job classification seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.follows:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in a reduction in force. These 18.1 Layoffs shall not occur in logical and temporal order as listed below. In order to carry out all because of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in Marchsub-contracting of bargaining unit work. The Board shall take no action on not use managerial, temporary, casual, seasonal and/or substitute employees for the RIF and shall invite purpose of reducing the Association to make a recommendation at bargaining unit and/or the next regularly unit employees scheduled meetinghours and/or wages.
218.2 If it becomes necessary to reduce the number of employees in any job classification due to lack of funds, lack of work or job abolishment, such reductions shall be limited, as much as practical, by attrition. The Board For the purpose of Reduction in Force, the classifications involved shall be head cooks, cooks, cafeteria worker/cashier, bus drivers, mechanics, custodians, maintenance/custodian, secretaries, and educational aides.
18.3 In any classification provisional employees shall be laid off first, followed by probationary employees. All layoffs shall begin with the least senior employee and continue in reverse order of seniority.
18.4 In any classification regular employees shall laid off last beginning with the least senior employee and continuing in reverse order of seniority.
18.5 In cases where more than one employee has identical seniority dates, system seniority shall determine the necessity for a RIF and its extent at least order of layoff. Where system seniority is also identical, evaluation by the regularly scheduled meeting Superintendent in April. At that timeconsultation with the immediate supervisor shall determine the order of layoff.
18.6 Twenty days prior to the effective date of any layoff the Board shall prepare a list of names, classifications, and seniority dates of any employees to be laid off and shall post and list in all school buildings and the seniority lists referred to in Section X-D-1 bus garage.
18.7 Each employee who will be made available by laid off shall be given twenty days advance written notice, which shall include the Superintendent's Office. One copy will following:
A. Reason for the layoff.
B. Effective date of the layoff.
C. A statement advising the employee of reinstatement rights.
18.8 The layoff list for each classification shall be sent to the Association and copies will be available to any teacher who requests onePresident of the OAPSE Local.
3. Before that decision 18.9 Any employee who is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply under the above provisions shall maintain recall rights for a period of two (2) years unpaid leave from the date of absencethe layoff. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list Employees shall be prepared. Seniority is defined as the number recalled in reverse order of years a teacher has taught in public or private educationlayoff, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number senior employee recalled first. Notice of hours toward horizontal placement on the District salary schedule recall to any vacancy shall be given sent to an employee by the greater seniorityBoard by certified mail. If there is still a tie, it A laid off employee shall have ten (10) work days from the date of receipt of such notice to accept or reject the recall. Any employee who declines recall shall be broken by lotremoved from the list. A recalled employee shall be credited with all previously accumulated seniority.
4. For each position that will be reduced18.10 An employee scheduled for layoff in one classification, who holds previous seniority in another classification, shall have the teacher with right to bump the least senior employee in the former classification providing he/she has greater seniority in that department classification than the current least senior employee. The employee may not displace employees in a classification if the employee does not meet the minimum qualifications. The employee who elects to bump shall be non-renewed unless the teacher is determined retain all rights to be necessary recall to the educational program for position in which the following year as defined belowlayoff occurred.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps All classifications specified in Article 1, §A [2] shall be used for the purpose of defining seniority in the event of a reduction in force.
2. These occur When by reasons of decreased enrollment, reduction of workload, return of employees from Board-approved leaves of absence, or for economic reasons, the Board makes reductions in logical and temporal order as listed below. In order to carry out all the number of employees; the Board shall proceed in accordance with the recommendations of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15Superintendent or designee.
B. Necessity and Extent
13. The Superintendent may recommend Prior to a reduction in force (RIF) to force, the Board. If such a recommendation is made it must be made at least by Superintendent or designee shall meet with the regularly scheduled Board meeting in MarchUnion. The Board shall take no action on provide the RIF Union with financial statements and shall invite rationale when the Association reduction in force is due to make a recommendation at the next regularly scheduled meetingeconomic reasons.
24. The Board shall determine in which classifications the necessity for a RIF layoff will occur and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following yearemployees to be laid off. The Board affected employees shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off in inverse order of seniority. Authorized leaves-of-absence do not constitute an interruption in continuous service, but an employee does not continue to voluntarily apply for a two (2) years accrue seniority while on an unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that In the layoff conditions remain. Such educators will case where affected employees' have the same right to return to work as a certified employee returning from a leave of absence.
3. One identical seniority, seniority list shall be prepared. Seniority is defined as determined in the number of years a teacher has taught in public or private education, grade P-12, as reflected following order:
a. First contracted day on the S-275 Formjob;
b. Date of Board meeting at which each employee was hired;
x. Xxxx of the District's receipt of the completed and signed employment application. If, or SPI records. In case two (2) or more teachers have taught after the same number of yearsforgoing, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater employees still have equal seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority Board and Union shall within 10 days notice of reduction in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined belowforce mutually agree upon a tiebreaker decision.
5. A teacher who by Employees may displace a less senior employee in another classification if they have held a position previously in that classification and hold more seniority is being considered for RIF in that classification. The employee shall be determined to be necessary for placed on the educational program same step of the next yearnew, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowappropriate salary schedule.
6. A teacher is qualified Thirty days prior to teach the effective date of layoff, the Superintendent or designee shall provide to the Union President a classlist indicating which employees are to be laid off. This list shall contain the name, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificateseniority dates, and for a categorical program, satisfies classifications of the appropriate state, or federal requirements and either has affected employees. Each employee to be laid off shall be given written notice of the equivalent layoff after the list is presented to the Union President. Each notice of a major, or a minor appropriate layoff shall indicate the following:
a. Reasons for the class, or grade, or has been classified as Highly Qualified, or has taught layoff;
b. Effective date of layoff;
c. A statement advising the particular class, or elementary level any year, or trimester during employee of his rights of reinstatement from the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredlayoff.
7. Once Displacement (Bumping) Procedures
a. An employee affected by such reduction in force may displace (bump) a less senior employee based upon the Superintendent following criteria.
i. Within the same classification.
ii. Within another classification provided, however, that he had held that position previously and has determined more overall seniority.
b. A meeting will be held with all affected employees in which the educational staff displacement (bumping) will take place.
c. Written notice of this meeting shall be provided to the affected employees five days prior to its being scheduled.
d. Affected employees who choose not to attend the meeting will receive their new job assignment by mail.
8. The Board shall prepare a recall list by classification. The name of each laid off employee shall be placed on the list in order of seniority. An employee whose name appears on the recall list shall be offered reemployment, in writing, when a position in the classification becomes available after the provisions of Article 7 have been implemented and before any other employee with less seniority or before any new employee is hired for the next year, position.
9. The Board shall provide notice of recall by certified mail to the Superintendent shall give notice last address given by the employee to those teachers who will be non-renewedthe Board. This notice It shall be given early enough the responsibility of the employee to allow keep the appeals procedure Board advised, in writing, of his current mailing address. An employee who fails to take place before May 15accept or respond to a recall notification within 10 days of delivery shall be removed from the recall list.
10. Employees on the recall list shall remain eligible for reemployment for a period of two years from the effective date of layoff. Employees, who are offered reemployment but decline, forfeit further rights to recall.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionIf the Board determines it necessary to reduce the number of bargaining unit positions under ORC 3319.17 or for financial reasons, the following procedures shall apply:
X. Xxxxx to proceeding with an anticipated staff reduction, the Association President shall be notified by the Superintendent of the Board's intent to consider a staff reduction not less than four (4) months prior to the date the Superintendent is recommending a reduction to the Board of Education for action. A meeting shall be held between the President of the Association and the Superintendent to review appropriate data indicating a need for a reduction in staff. The parties shall discuss why the reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and the possible effects of said reduction. Within ten (10) days of the meeting, the Superintendent shall provide the Association with a RIF list of potentially affected positions/employees which shall be based on certificate/license, OTES 2.0 final summative rating, and seniority.
B. Reductions shall be made by suspending contracts based upon the Superintendent's recommendation. Those contracts to be suspended will be chosen as follows:
1. There are five (5Position(s) basic steps in vacated as a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all result of the steps in a timely fashionvoluntary resignation, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and Aprilretirement, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must or death will not be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingfilled.
2. The Board shall determine All members of the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 bargaining unit will be made available by the Superintendent's Officeplaced on a seniority list for each teaching field for which they are properly certificated. One copy Teachers serving under continuing contracts will be sent to placed at the Association and copies will be available to any teacher who requests onetop of the list, in descending order of seniority.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall Seniority will be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number length of years continuous service as a teacher has taught certificated employee under regular contract in public or private educationthis District.
a. Board approved leaves of absence will not interrupt seniority, grade P-12, as reflected but time spent on the S-275 Form, or SPI records. In case such a leave shall not count toward seniority.
b. If two (2) or more teachers have taught the same number length of yearscontinuous service, seniority will be determined by: - the date of the Board meeting at which the teacher with was hired, and then by - the most number of hours toward horizontal placement on date the District salary schedule shall be given teacher signed his/her initial employment contract in the greater seniority. If there is still a tieDistrict, it shall and then; - any remaining ties will be broken by lot.
4. For each position that Recommended reductions in a teaching field will be reduced, made by selecting the teacher with lowest person on the least seniority list for that area of certification who is currently assigned to a position in that department shall teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification. Any such election must be non-renewed unless made at the time the teacher is determined to notified he/she will be necessary to the educational program for the following year as defined belowaffected.
5. A teacher who by seniority An employee whose contract is being considered for to be suspended due to a RIF shall be determined given thirty (30) days’ advance written notification prior to the implementation of the RIF. The Association shall be necessary sent a copy of said notification at the same time. The notice shall state the reason for RIF, the effective date of contract suspension, and the date of the Employer’s action to implement the RIF.
C. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for up to eighteen (18) months from the date of the contract suspension. Teachers on the recall list will have the following rights:
1. No new teachers will be employed by the Board while there are teachers on the recall list who are certificated for the educational program vacancy.
2. Teachers on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated.
3. If a vacancy occurs, the Board will send a certified announcement to the last known address of all teachers on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the District office within seven (7) calendar days. The most senior of those responding will be given the vacant position. Any teacher who fails to respond within seven (7) calendar days, or who declines to accept the position, will forfeit all recall rights.
4. A teacher on the recall list will, upon acceptance of the next yearnotification to resume active employment status, if that teacher during return to active employment status with the current year teaches a class that is included in same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the next year's educational program that no other teachers in the District is qualified time of layoff.
5. Every possible effort will be made to teach recall all properly certificated employees as defined belowpositions become available within eighteen (18) months.
6. A teacher is qualified to teach a classRecognition of additional certification, license, or elementary gradeentry-level requirements earned or reported while on layoff status for recall purposes, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies provided such information is filed with the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not Employer prior to be consideredrecall.
7. Once The right to priority status on the Superintendent has determined substitute list, upon request. Names from such requests will then be communicated to the educational staff Board staffing service.
D. The parties agree that these procedures apply only to the suspension of contracts under 3319.17 or for the next year, the Superintendent shall give notice to those teachers who will be non-renewedfinancial reasons. This notice Article shall be given early enough not require the Board of Education to allow fill any vacancy, nor shall it interfere with any other lawful personnel procedures in the appeals procedure to take place before May 15District.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in In the event that a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all work force is necessary for any of the steps reasons specified by O.R.C. 3319.17, reductions will be made in a timely fashionaccordance with the following procedures:
A. The GHEA will make every effort to encourage bargaining unit members who will be on leave, returning from leave, resigning or retiring, to notify the District agrees superintendent in writing on or prior to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 151 of the current school year.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If When the Board has determined determines in any school year that RIF there is necessary, the Superintendent shall recommend the content of the educational program of the following year a need to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
asuspend employee contract(s) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent GHEA will be given written notice of such possibility on or prior to April 5 of the current school year. Upon giving notice, the Board will provide the GHEA president with written data concerning student enrollment, bargaining unit members’ seniority and areas of certification, names of employees on leaves of absence, and financial information.
C. The GHEA president will be given the opportunity to make suggestions to the superintendent before the recommendation for suspensions of contracts is made to the Board.
D. The Board shall apply notify the GHEA and any employee initially affected by the reduction in force, in writing, as soon as the Board reasonably determines that such a reduction shall be necessary. Any and all affected employees will be notified no later than May 1.
E. In making any such reduction, the board shall proceed to suspend contracts in accordance with the recommendation of the district's superintendent and under provisions of this section to determine section.
1. Each employee affected by the educational staff for reduction, based on area of licensure, shall be placed in one of the following yearcategories:
(a) Category 1, which shall contain all employees on limited or extended limited contracts with an evaluation rating of ineffective;
(b) Category 2, which shall contain all employees on limited or extended limited contracts with an evaluation rating of developing;
(c) Category 3, which shall contain all employees on limited or extended
(d) Category 4, which shall contain all employees on limited or extended limited contracts with an evaluation rating of accomplished
(e) Category 5, which shall contain all employees on continuing contracts with an evaluation rating of ineffective;
(f) Category 6, which shall contain all employees on continuing contracts with an evaluation rating of developing;
(g) Category 7, which shall contain all employees on continuing contracts with an evaluation rating of skilled;
(h) Category 8, which shall contain all employees on continuing contracts with an evaluation rating of accomplished.
2. The District will provide an announcement to the certified educators Reductions in the areas where the RIF must occuraffected area of licensure shall be made starting with employees in Category 1 and shall proceed sequentially through employees in Category 8, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will until all necessary reductions have the same right to return to work as a certified employee returning from a leave of absenceoccurred.
3. One seniority list For the purpose of this section, Evaluation Rating shall be prepared. Seniority is defined as consist solely of the number of years a teacher has taught in public or private education, grade P-12, as reflected rating earned on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher Evaluation Rating assigned to an employee in accordance with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.evaluation procedures adopted under O.R.C.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
REDUCTION IN FORCE. A. IntroductionSystem seniority shall begin with the employee’s first day of regular assignment. If the seniority date of two or more employees is equal, the earliest date of Board appointment shall determine seniority. If seniority is still equal, the name that appears first alphabetically in the Board Minutes shall be senior. Substitute employees do not accumulate seniority. Seniority shall end upon the termination date as accepted by the Board.
B. Should reductions in regular positions be required, they will be accomplished using system seniority.
C. When reduction in force of support employees takes place in a job classification, lay-off of employees will be made in inverse order of seniority using the following rules:
1. There are five (5) basic steps in Within a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashionclassification, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting employee with the lowest system seniority in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Boardclassification affected shall be the first laid off. If such a recommendation is made it must further layoffs are required, the same procedure shall be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingused.
2. The Board An employee identified for lay-off shall determine have the necessity for right to bump the employee with the least system seniority in another related job classification on the basis of the individual’s system seniority. Groups outlined in Article VIII are defined as related job classifications. An employee holding positions in more than one group, who has hours reduced in a RIF and its extent at least by position in one group, cannot exercise bumping rights in another group to restore the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests onehours reduced.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine will not hire anyone into a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at job classification within a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be group until all reduced or laid off employees have been offered reinstatement to voluntarily apply for a two (2) years unpaid leave job classification they previously held. Once an employee rejects an offer of absence. Any certified educator reinstatement, that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotloses all recall rights.
4. For each position that Recall of former employees will be reducedmade in reverse order of lay-off, the teacher with the least seniority in that department most recent employee laid off returning first. Former employees shall be non-renewed unless the teacher is determined to be necessary to the educational program maintain recall rights for the following year as defined belowa period of two years.
5. A teacher who by seniority Auxiliary Services Personnel shall be considered a separate and distinct group.
D. Employees identified for separation due to reduction in force will be notified in writing a minimum of 14 calendar days prior to the proposed separation date. The notice will contain a statement that the employee is being considered for RIF shall be determined released due to be necessary for reduction in force and not because of job performance. This provision in no way infringes upon the educational program Board’s authority to dismiss employees under the provision Article IV of the next year, if that teacher this contract.
E. Former employees who desire recall during the current two-year teaches a class that is included period following the effective date of separation, have the obligation to provide their address and telephone number in writing to the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificateDirector of Human Resources, and for providing any changes thereto in writing. An offer of re-employment or recall shall be considered made if written notice is provided to the latest known address by certified mail. Only one offer of recall is required to be made. If the offer is refused, not answered within 5 calendar days of receipt or is undeliverable due to a categorical programlack of a current address, satisfies the former employee loses remaining recall rights.
F. Copies of all lay-off and recall notices shall be provided to the local Union president for information purposes.
G. Any employee recalled to an assignment shall be paid at the appropriate state, or federal requirements and either has pay level based on years of service at the equivalent time of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredlay-off.
7. Once H. Employees on the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who recall list will be non-renewedoffered summer work by system seniority, with first preference to maintenance/custodial, at Step 1 of the custodian 3.0 pay rate. This notice Insurance benefits for a summer work employee under this section shall be given early enough the same as the employee had as of the date of lay-off. Employees on the recall list who accept or refuse summer work will not forfeit recall rights. Remaining work, if any, will be offered pursuant to allow the appeals procedure to take place before May 15.Article VIII, Section E.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
REDUCTION IN FORCE. A. Introduction
1In the event that the School Committee determines to reduce the number of Paraprofessional(s) in the bargaining unit, it shall notify the Federation at least thirty (30) days in advance of the need for reductions. There are five (5) basic steps in a reduction The parties shall then meet to determine ways to avoid any reductions in force. These When reductions remain necessary, voluntary reductions, subject to the superintendent’s approval, shall occur prior to forced reductions. If the need to reduce the workforce still remains, the following procedures shall apply:
A. In determining which Paraprofessional(s) shall be laid off, the following criteria shall be considered: seniority in logical and temporal order as listed below. In order to carry out all the Fall River Public Schools, relevant demonstrated need of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessaryFall River Public Schools, and a least one (1) regularly scheduled meeting in April before April 15quality of performance.
B. Necessity and ExtentQuality of performance shall be determined by evaluations of observed performance.
1C. Seniority shall be defined as the length of continuous service in the Fall River Public Schools.
D. Leaves of Absence approved by the School Committee shall not be deemed to interrupt continuous service. The Superintendent may recommend Such leaves will not be counted toward seniority.
E. Whenever possible, notification to Paraprofessional(s) affected by a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by prior to the Superintendent's Officeclose of the school year. One copy In the event of a decision to reduce force during the school year, those Paraprofessional(s) being dismissed will be sent given a minimum of thirty (30) days' written notice.
X. Xxxxxxxxxxxxxxxx(s) dismissed due to the Association and copies reduction in force will be available to any teacher who requests oneplaced on a recall list for the balance of the school year in which the layoff occurs, plus one complete school year. Paraprofessional(s) on a recall list will be re-employed as vacancies occur. The test for re-employment will be seniority in the Fall River Public Schools, relevant demonstrated need of the Fall River Public Schools, and quality of performance. Paraprofessional(s) on recall lists shall have priority in filling vacancies. No new personnel shall be hired until all appropriate Paraprofessional(s) on the recall list have been offered the vacancy.
3. Before G. Upon return to employment from the recall list, all benefits to which the Paraprofessional(s) was entitled at the time of dismissal, including unused accumulated sick leave, shall be restored.
X. Xxxxxx said recall period, employees laid off under this paragraph shall be given priority on the substitute list.
I. In the event that decision is madethe Committee determines to re-establish the eliminated positions, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., employees who have been placed on layoff status and these vacancies who are in recall status shall be taken into consideration in determining notified by certified mail that such a position is available; the number of available teacher positions for employees so notified shall, within thirty (30) days from the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent date of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content receipt of the educational program letter, respond in writing by certified mail of the following year their intention to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would return or not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absencethe school system.
3. One seniority list J. The Superintendent shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with assign the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority senior employee among those notified in that department shall be non-renewed unless the teacher is determined to be necessary paragraph "I." to the educational program for the following year as defined belowavailable position.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Labor/Management Agreement, Labor/Management Agreement
REDUCTION IN FORCE. A. IntroductionA reasonable reduction of instructional staff members may be made in the event that a reduction becomes necessary as a result of a decreased enrollment of pupils, return to duty of regular teachers after leaves of absence, or by reason of suspension of schools or territorial changes affecting the district, or lack of funds. When such reduction is deemed necessary, the reduction will be made in accordance with the following provisions:
1. There are five (5) basic steps in Prior to proceeding with an anticipated staff reduction, the Association president shall be notified by the Superintendent of schools of the Board's intent to consider a staff reduction. A meeting shall be held between representatives of the Association and representatives of the Board to review appropriate data indicating a need for a reduction in forcestaff. These occur in logical and temporal order as listed below. In order The parties shall discuss why the reduction is deemed necessary, what teaching fields are to carry out all be affected, the extent of the steps in a timely fashionanticipated reduction, and the possible effects of said reduction. Also, at this meeting, the District agrees to hold two (2) regularly scheduled Board meetings Association will be provided with a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingseniority list of all bargaining unit members.
2. The Board seniority list shall determine be prepared by listing all teachers according to continuous service in the necessity district within all areas of certification/licensure. Those on continuing contract shall be listed first according to continuous service in the district; then those on limited contracts shall be listed by continuous service in the district. The list shall include the date of initial employment (continuous) for each employee. Teachers using any Board-approved leave of absence shall not lose the seniority held prior to the leave, nor shall they gain additional seniority for the time on leave, i.e., a RIF and its extent at least leave of absence shall not break an employee's continuous employment. If ties occur in seniority, regarding years of service, the teacher with the earliest date of board action to employ will be considered most senior. If ties still remain, the ties will be broken by the regularly scheduled meeting flip of a coin if and when such becomes necessary in April. At that time, the seniority lists referred order to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests oneimplement a staff reduction.
3. Before that decision Any reduction in staff will first be accomplished through attrition insofar as it is madepossible to do so, the District shall determinei.e., as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions persons affected by a reduction in staff will be kept to a minimum by not employing replacements for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1employees who retire or resign or by not replacing individuals who are non-renewed. If the Board has determined that RIF is further reductions are necessary, the Superintendent Board shall recommend proceed to suspend contracts in accordance with the content recommendation of the educational program Superintendent of schools who shall, within each teaching field affected, give preference to teachers on continuing contracts. Within each teaching field affected the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance teacher with the Basic Education Act.
D. Educational Staff
1lowest rating on his/her evaluation will be the teacher whose contract is suspended. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught comparable evaluations, layoff will occur in reverse order of seniority. Any reduction in force shall proceed using the same number following procedures and criteria.
a. Bargaining unit members shall be placed in one (1) of yearsfour (4) groups for the purpose of a reduction in force.
i. Group One shall be comprised of all members who have not received a final summative evaluation rating in the District;
ii. Group Two shall be comprised of all members who were rated Ineffective on their evaluation using the calculation set forth below;
iii. Group Three shall be comprised of all members who were rated Developing on their evaluation using the calculation set forth below;
iv. Group Four shall be comprised of all members who were rated Skilled or Accomplished on their evaluation using the calculation set forth below.
b. Any reduction in force shall begin with members in Group One, followed by Group Two, then Group Three, and then Group Four.
c. The teacher’s final summative rating will be used to determine into which group the teacher is placed. Teachers shall be placed in Groups Two through Four based upon an average of the three (3) most recent summative ratings calculated as follows:
i. Ratings of Accomplished shall equal four (4) points;
ii. Ratings of Skilled shall equal three (3) points;
iii. Ratings of Developing shall equal two (2) points;
iv. Ratings of Ineffective shall equal one (1) point.
d. The sum of the teacher’s most recent three (3) years shall be added together, divided by three (3), and rounded to the nearest whole number to find the “average” rating. (If the number ends with less than 0.5 it will round down and if the number ends with 0.5 or greater it will round up.) The teacher shall then be placed in the appropriate Group based on his/her average rating.
i. Teachers who are rated Accomplished and who are not evaluated every year, shall be deemed to be Accomplished for the years in which they are not evaluated.
ii. Teachers who are rated Skilled and who are not evaluated every year, shall be deemed to be Skilled for the years in which they are not evaluated.
iii. Teachers who have fewer than three (3) years of evaluations (excluding those rated Accomplished and Skilled as described above) will receive zero (0) points for those years for which they have no evaluation rating.
e. The order of reductions within each Group shall be:
i. Members under limited contracts beginning with the most number of hours toward horizontal placement on least senior; and then,
ii. Members under continuing contracts beginning with the District salary schedule least senior.
iii. No preference shall be given to any member based on seniority, except when deciding between members who have comparable evaluations. Evaluation ratings within the greater seniority. If there is still a tie, it shall same Group will be broken by lotconsidered comparable with each other.
4. Teachers whose continuing contracts are suspended shall have the right of restoration to continuing service status in reverse order of layoff, if and when teaching positions become vacant or are created for which any of such teachers are or become qualified. After restoration of teachers with continuing contracts, those on limited contracts shall also be restored in the manner described above. Restoration rights for teachers whose limited contracts were suspended shall commence upon the effective date of suspension and shall continue through the next three (3) full school years, unless removed from the recall list as stated below. For each position that will be reducedteachers with continuing contracts, the teacher with the least seniority in that department restoration rights shall be non-renewed unless continue until the teacher is determined returned to be necessary to a teaching position or removed from the educational program for the following year recall list as defined stated below.
5. A teacher who by seniority whose contract is being considered for RIF suspended shall be determined placed on a recall list stating years of continuous service to the district, subject(s) certified/licensed to teach, and type of contract held prior to suspension. A teacher on the recall list shall be necessary offered a contract for a position for which he/she is certificated/licensed (or can become certificated/licensed) as positions become available and in inverse order - last discharged, first recalled. No teacher new to the educational program district will be employed until all properly certificated/licensed teachers on the recall list have been offered a contract for a vacant position. The refusal of the next year, if that teacher during the current year teaches a class that is included recall to a part-time position shall not result in the next year's educational program that no other teachers teacher being removed from the recall list, unless the teacher was employed part-time prior to the layoff. A refusal of a recall to a full- time position shall result in a teacher being removed from the District is qualified recall list. Recall notices shall be sent to teach as defined belowthe last address on file with the Board. Teachers shall be responsible for updating the Board on any change of address.
6. A Insurance coverages provided to the certified/licensed staff may be continued by the teacher is qualified to teach a classwhose contract has been suspended under this provision, or elementary gradeat his/her own cost, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredtime period required by federal law.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
REDUCTION IN FORCE. A. IntroductionThe District and the Association agree that all Education Code procedural requirements and provisions for layoff of unit members as well as the provisions of this article, shall be observed if the District determines that reductions in force are necessary. To the extent any provision contained in this Article is deemed to be contrary to the Education Code, that portion of the agreement shall be given no force and effect. Prior to the issuance of any layoff notices, the District shall notify the Association of its intent to layoff bargaining unit members. Concurrent with such notification, the District shall provide the Association with the following information:
122.2.1. There are The name and number of unit members anticipated in the layoff.
22.2.2. A list of all certificated unit members ordered by seniority.
22.2.3. A list of all temporary unit members performing bargaining unit work.
22.2.4. A list of all program and curriculum changes contemplated as a result of the anticipated layoffs.
22.2.5. A list of all certificated unit members who have announced their resignation or retirement, or have been granted a leave of absence from the District. The District shall furnish, in writing, a statement of the specific criteria used in determining the order of termination and the application of the criteria in ranking each unit member relative to other unit members within five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all days of the steps in a timely fashion, the District agrees Governing Board's action taken to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in Aprilorder of termination. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher For unit members who requests one.
3. Before that decision is madeare laid off, the District shall determineprovide the benefits of Article 6 (Fringe Benefit Coverage) through September 30 of the same calendar year. Laid off unit members may, as accurately as possibleat their own expense, purchase medical coverage for up to 18 months after the total number effective date of teachers leaving their layoff by submitting to the District an amount equal to the premium for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies the medical coverage selected by the employee. The employee shall be taken into consideration in determining obligated to follow the number of available teacher positions procedures set forth by the Business Office for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of submitting this section to determine the educational staff for the following year.
2payment. The District will provide shall compensate any permanent unit member who has been laid off in accordance with a reduction-in-force action at his/her daily rate of pay if the employee is hired as a substitute for 21 days or more within a period of 60 school days.
22.6.1. These former unit members shall be called for substitute service for a period not to exceed 39 months from date of termination in an announcement to the certified educators order based upon seniority in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be district in accordance with provisions of Education Code 44956. The District shall compensate any probationary unit member who has been laid off to voluntarily apply for in accordance with a two (2) years unpaid leave reduction-in-force action at the standard district substitute rate of absencepay. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list These former unit members shall be prepared. Seniority is defined as the number of years a teacher has taught called for substitute service in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least order based upon seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District but after the former unit members in Section 22.6 above for a period not to exceed 24 months from date of termination in accordance with Education Code 44954. When re-employment opportunities exist, the District is qualified obligated to teach as defined belowmake a reasonable effort to contact the eligible former unit member(s) prior to seeking other eligible candidates.
622.8.1. A teacher When the employment opportunity is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical programday-to-day or short term substitute position "reasonable effort" shall mean a telephone call to the last known telephone number of the former unit member.
22.8.2. When the employment opportunity is for one semester or more, satisfies "reasonable effort" shall mean the appropriate state, or federal requirements and either has the equivalent sending of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during registered letter of notification to the last three (3) years counting known address of the current school year, unless the teacher specifically requests not former unit member. The District shall assist any unit member who is laid off in obtaining information regarding any employment benefit to be consideredwhich he/she is entitled.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionSeniority shall be defined as the continuous service or employment as a teacher in the District, beginning with the first date the teacher reported for duty as a regular teacher. A regular teacher is defined as a teacher hired on a limited or continuing contract with appropriate placement on the adopted salary schedule. Continuous employment for the purpose of this section shall include:
1. There are All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) basic steps in years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in force. These occur staff becomes necessary (as defined in logical and temporal order as listed below. In order to carry out all Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the steps Ohio Revised Code. A teacher whose limited contract has been suspended shall be considered for reappointment to fill a subsequent vacancy for which he or she is qualified during the term of his or her contract. Written notification will indicate that a decrease in enrollment was the reason for the suspension of the contract. Teachers to whom this paragraph applies shall be notified of all vacancies.
C. Reductions in teaching staff shall be made by the Board for the following reasons:
1. Decrease in pupil enrollment.
2. Suspension of schools or territorial changes affecting the school district.
3. Return to duty of a timely fashionregular teacher from leave or disability retirement.
4. Elimination or reduction of courses of study provided that notice is given to the Association and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, the District agrees Superintendent shall sign applications for certification/licensure submitted by teachers in those potentially affected areas, when such applications meet the criteria established by the State Department of Education for certification/licensure. The application will be signed on a yearly basis as long as the teacher continues to hold two (2) regularly scheduled Board meetings make satisfactory progress toward permanent certification/licensure.
5. Financial reasons.
D. The Superintendent shall meet with representatives of the Association by April 30 to discuss the possible effects, resulting from the issuance of temporary certification/licensure, upon other members of the bargaining unit with regard to rights or RIF. The intent of this language is to allow members of the bargaining unit, who may be directly or indirectly affected by the elimination or reduction of courses of study, ample time to protect their rights or RIF.
E. Having made a month during March determination that a reduction in staff and April, if necessary, and a least suspension of one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF more contracts is necessary, the Superintendent shall recommend the content of the educational program of the following year cause notice to be given to the Board at a Special Meeting scheduled later affected teacher(s) by April 15 or as soon as practicable in Aprilcase notice by April 15 is not possible. The Board In any event, notice shall determine at be given to the meeting teacher(s) prior to recommendation of such action to the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the studentsBoard.
bF. In the event that staff reductions and subsequent suspension of contract(s) The graduation requirements becomes necessary, the Association shall receive, along with all teachers to be reduced, a seniority list by tenure, including each teacher's area(s) of the studentscertification/licensure.
c) The requirements G. All suspensions of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staffcontracts pursuant to this Article shall be made as follows:
1. If The suspension of contract shall occur to non-tenured teachers first by area of certification/licensure. The second decision point shall be teacher evaluation (based on three (3) most recent final evaluations, when available) and the Board has determined a RIF third decision point is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following yearseniority.
2. The District will provide an announcement to In the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a event two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have or more teachers' continuous service began the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list date, the date the Board authorized the contract shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI recordstake precedence. In case the event, two (2) or more teachers have taught were hired at the same number of yearsBoard meeting, the teacher with the most number of hours toward horizontal placement on the District salary schedule regular teaching experience shall be given the greater next criteria for establishing seniority. If there is still a tiethese criteria are also equal, it then seniority shall be broken by lotgranted to the teacher who is certified to teach the greatest number of subjects.
3. Should it become necessary to suspend the contract of any tenured teacher, such suspension shall be made from tenured teachers first based on teacher evaluation (based on three (3) most recent final evaluations, when available) and second on seniority.
4. For each position that will be reducedRetention rights shall accrue to all teachers with their respective contract status groups, the but in no event shall a non-tenured teacher with the least seniority in that department exercise retention rights over tenured teachers. The right to retention shall be non-renewed unless the teacher is determined limited to areas of certification/licensure, and no assignment shall be necessary to the educational program for the following year as defined belowclaimed outside of one's area(s) of certification/licensure.
5. A teacher who Part-time regular teachers shall have seniority and retention rights to their positions as provided by seniority is being considered for RIF shall be determined the contract without limitation due to be necessary their part-time status.
H. Teachers whose contracts have been suspended for the educational program of the next year, if that teacher during the current year teaches a class that is included reasons set forth in this Article shall have recall rights in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.following order:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of When the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made determines that it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by necessary to reduce the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving because of decreased enrollment, territorial changes affecting the District for reasons district, return to duty of retirement, family transfer, resignation, regular teachers after leave of absence, dischargeor financial reasons, or non-renewal, etc., and these vacancies shall a reasonable Reduction In Force (RIF) may be taken into consideration in determining the number of available teacher positions for the following yearmade. The Board shall determine a A RIF is necessary may only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine occur at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs end of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following school year.
2. The District Superintendent shall notify the Association of the reason for any anticipated staff reductions. The Association President or Co-Presidents will provide an announcement be provided with the following information prior to the certified educators Board acting on his/her RIF recommendation:
a. The seniority list, which shall include contract status of all bargaining unit members, teaching field, total years of service in the bargaining unit and all areas where the RIF must occurof certification. For purposes of reduction in staff, offering the opportunity any and all certificated/licensed teachers who are certified/licensed in more than one area of certification/licensure shall be placed on each and every seniority list for certified educators that would not which they have proper certification/licensure.
b. The Association President or Co-Presidents will also be otherwise provided final summative evaluation rating for any until members who will be subject to RIF.
c. A list of positions to be reduced.
d. The reasons for such reductions.
3. The Superintendent shall recommend which positions shall be affected and which teachers shall be laid off off. The Superintendent will use the following order in recommending which teachers are to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave be laid off:
a. The Board may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a make any reductions in force first through attrition, resignation or on approved leave of absence.
3. One seniority list shall b. Limited contract teachers holding temporary certification will be prepared. Seniority is defined as the number reduced first.
c. Fully certificated limited contract teachers will be reduced next, within each area of years certification/licensure, beginning with those teachers with a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number principal’s evaluation rating of years, the “ineffective.”
d. Any limited contract teacher with the most number a principal’s evaluation rating of hours toward horizontal placement on the District salary schedule “developing” will be reduced next.
e. Continuing contract teachers shall be given preference so that they are the greater last category of teachers suspended within the certification/licensure area to be reduced.
f. For any reduction in force, Accomplished and Skilled teachers and non-OTES evaluated employees shall be considered comparable and the RIF shall be on the basis of seniority and contract status within area of certification/licensure.
g. No preference shall be given to any member based on seniority. If there is still , except when deciding between members who have comparable evaluations.
h. In case of a tie, it shall be those unit members hired prior to July 1, 2014 will use the date original application received by Personnel Department. Those unit members hired on or after July 1, 2014 will use the date original contract was received by the Personnel Department.
i. In event of a tie after review of receipt date as stated in h. above, highest social security number beginning with the number to farthest right and proceeding left until tie is broken by lotwhere 0 is the lowest and 9 is the highest.
4. For each position A unit member whose contract is suspended as a result of a RIF shall be given written notification, by hand delivery or certified or registered mail, that his/her employment will be reducedsuspended and the reasons for such suspension. This notification shall occur prior to April 15, if possible, prior to the teacher with year the least seniority in that department shall be non-renewed unless the teacher RIF is determined to be necessary to the educational program for the following year as defined belowimplemented.
5. A bargaining unit member whose contract will be suspended will have the right to displace any less senior bargaining unit member whose work he/she is certified/licensed to perform so long as the displacing member possesses a comparable or better evaluation and/or rating than the member being displaced. Whether the teacher who by seniority is being considered for RIF has a better or comparable evaluation shall be determined to be necessary for in the educational program sole discretion of the next yearSuperintendent, which cannot be grieved. Within ten (10) calendar days of the Board’s action to implement a RIF, a bumping meeting, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belownecessary, shall be held for all affected employees.
6. RECALL – The following procedures will be used in the recall process:
a. Any members who were laid off shall have recall rights for a period of twenty-four (24) months from the effective date of the layoff unless:
i. the unit member was RIFed as a result of an “ineffective” principal’s rating (such limited contract unit member shall not be eligible for recall);
ii. recall rights are waived in writing by the teacher;
iii. a resignation is offered by the teacher, or
iv. the teacher fails to accept the position to which he/she has been recalled within ten (10) calendar days of the written notice of recall.
b. All unit members whose contracts are suspended as a result of a RIF shall be placed on a recall list stating years of continuous service to the District and subject(s) certified/licensed to teach.
c. A unit member on the recall list shall be offered a contract for vacant positions for which he/she is certified/licensed, as positions become available and in keeping with the certification/licensure, and contract status. Such teachers will be recalled in reverse order of layoff if/when there is a vacancy for which the teacher is qualified certificated/licensed to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies perform the appropriate state, or federal requirements and either has duties of the equivalent vacant position.
d. A unit member who gains additional certifications/licenses while on the recall list will be credited at the time of a major, or a minor appropriate for submission to the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredSuperintendent.
7. Once When a vacancy exists, the Superintendent has determined Board shall send an email and certified letter to the educational staff next unit member on the recall list who is certified/licensed for the next yearposition, at his/her last known address to advise him/her of such position. It is the unit member’s responsibility to keep the Board informed of his/her email and U.S. mail addresses. The unit member shall notify the Board within ten (10) calendar days from the date of the letter to indicate availability and desire for such position.
8. If a position(s) initially abolished is reinstated, this position(s) will be staffed first from the RIF list. Thereafter, voluntary transfers may be made to a position affected by the RIF after the position(s) has been offered to all properly certified/licensed unit members on the RIF list.
9. No unit members new to the District will be employed until all properly certified/licensed unit members on the RIF list have been offered a contract for the position in accordance with the provisions of this section.
10. No unit member whose contract has been suspended pursuant to this Article shall lose the right to recall by reason having declined recall to a position that is less than full-time or, if the unit member was not employed full-time just prior to suspension of the member’s contract, to a position requiring lesser percentage of full-time employment than the position the unit member last held while employed in the district.
11. Upon acceptance of the notice to resume active employment status, the Superintendent shall give notice to those teachers who will be non-renewed. This notice unit member shall be given early enough entitled to allow the appeals procedure same contractual status which was held prior to take place before May 15the RIF including but not limited to all rights related to salary, fringe benefits, and seniority shall be fully restored.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
Section 1. There are The Association recognizes the Board's right to reduce the number of Administrative personnel.
Section 2. For the purpose of this Article, the term "reduced" shall mean the termination of an Administrator from a position within the bargaining unit.
Section 3. Employment shall be by written contract which is renewed for an additional one year period unless written notice of non-renewal of the contract is given at least sixty (60) days before the termination date of the contract.
Section 4. Every year the Assistant Superintendent or designee will review the Administrative requirements for certification within the five (5) basic steps in a reduction in forceyear window. These occur in logical and temporal order as listed below. In order to carry out all of After exhausting the steps in a timely fashionfive (5) year window, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting individual without administrative certification and/or administrative requirements may be released.
Section 5. An Administrator shall retain their tenure status as defined in April before April 15the Michigan Tenure Act.
Section 6. The sequence of Administrative personnel layoffs shall be as follows:
A. Any Administrator with an expired certification and/or who has not met administrative requirements.
B. Necessity Has not met certification requirements.
C. If a further reduction in Administrative staff becomes necessary, said reduction shall be accomplished by the Board's consideration of the following factors. Such consideration shall include, but not be limited to: - Years of administrative experience in the bargaining unit. - Annual administrative evaluations - Professional training and Extent
1experience. - Other provisions as established by law. The Superintendent may recommend a reduction in force (RIF) to Board decision and rationale shall be shared with all Administrators affected and the BoardPresident of AOPSA.
D. Release the Administrator. If such a recommendation an Administrator is made it must released from their Administrative responsibilities and he/she has the highly qualified certification, he/she will be made at least by able to bump into the regularly scheduled Board meeting in Marchteacher's bargaining unit.
Section 7. Administrators who have been reduced shall retain all accumulated sick leave.
Section 8. The Board shall take no action rescind letters sent to Administrators under Act No. 451 of the Public Acts of 1976, as amended (MCLA 380.247) as soon as sufficient information is available to warrant such action.
Section 9. In the event that a member of the bargaining unit, after being reduced, is subsequently re- assigned to a position covered by this bargaining unit, they shall be re-assigned to the next step on the RIF and shall invite the Association to make a recommendation salary schedule above that they held at the next regularly scheduled meetingtime of reduction, provided, however, that such Administrator had completed a full year as an Administrator at the previous step.
2Section 10. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section XEffective 2010-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to 11 any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent member of the RIF shall only be as many teaching positions as necessary to reduce costs to XXXXX that serves in an interim position and becomes the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content full time equivalent of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the studentsposition will accrue seniority from that point forward.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionReduction in Force
1. There are five (5) basic steps in a reduction in force. These occur in logical Where known and temporal order as listed below. In order to carry out all of the steps in a timely fashionwhere possible, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend number of persons affected by a reduction in force (RIF) will be kept to the Board. If such a recommendation is made it must be made at least minimum by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingnot employing replacements insofar as practicable for certificated/licensed staff members who retire or resign or whose limited agreements are not renewed.
2. The Board Association shall determine be notified of the necessity reason(s) for a RIF and its the extent of staff reduction at least such time a decision is made by the regularly scheduled meeting in April. At that time, the seniority lists referred Board and shall be further notified as to in Section X-D-1 will which teacher(s) shall be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests onesuspended.
3. Before that decision is madeThe teacher to be suspended will be notified of the RIF thirty (30) days prior to the effective date.
4. Reductions shall be accomplished by the Board suspending contracts based on the recommendations of the Superintendent following the committee’s recommendations. The recommendation shall give preference to unit members on continuing contracts, then in the following order in accordance to the terms and conditions of HB 153.
a. Licensure/Certification within the affected teaching field.
b. Comparable Evaluation (based on three (3) consistent years of evaluation instruments for the 2012-2013 school year only. Subsequent years follow the Ohio Revised Code and subject to renegotiation.
c. When evaluations are comparable, seniority in the District shall determineprevail, with the contract of the least senior continuing contract teacher in the affected teaching field the first to be suspended.
d. When affected licensure/certification teaching field(s) contains only limited contract teachers, steps 1-3 above will be followed using the Summative Evaluation or the Evaluation with the highest ratings.
5. Seniority shall be defined as accurately as possible, the total number of teachers leaving years in continuous employment in Lake Local Schools, starting with date Board acted to employ the District for reasons of retirementteacher. Continuous employment shall include all time on sick leave, family transferabsence, resignation, all time on Board approved leave of absence, dischargeall time on military leave of absence, all time on disability retirement to a maximum of five (5) years, and all time during suspension if the teacher is reinstated. If two or more individuals have equal seniority as defined herein, the individual to be laid off will be determined by the Superintendent or designee.
6. Seniority shall be system-wide, (rather than building) and shall be determined by placing all certificated/licensed staff members on seniority lists within their areas of certification. A list shall be prepared and kept up-dated ranking all tenured teachers in the district by seniority, giving areas of certification and present teaching and building assignment; then all non-tenured teachers in the district by seniority, giving areas of certification and present teaching and building assignment. Said seniority list, if requested, shall be made available to the LEA President by November 1 of each school year. Seniority shall be lost when a teacher resigns, retires, is non-renewed, terminated, or non-renewalafter January 1, etc1998, is promoted out of the bargaining unit.
7. A teacher on a continuing contract who has their position reduced in force may displace the least senior teacher in the area or areas for which they are certified/licensed, and these vacancies but only if permitted based on their evaluation(s) as determined by the Superintendent.
8. Teachers on the RIF list shall be taken into consideration returned to active employment to fill vacancies in determining the number reverse order of reduction for any position that becomes available for which they are or have become certificated/licensed before any permanent teacher positions for the following yearor substitute is hired. The Board shall determine a RIF is necessary only if recall the money projected teacher to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs active employment status by giving written notice to the money projected teacher, said written notice being sent to be availablethe teacher by registered or certified letter addressed to the teacher’s last known address. Every reasonable effort It shall be made the responsibility of each teacher to reduce budget areas other than teaching.
C. Educational Program
1. If notify the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program any change of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.address
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
REDUCTION IN FORCE. A. IntroductionReduction in Force shall be defined as decreased enrollment of students, return to duty of regular teachers after leaves of absence, suspension of schools or territorial changes affected the District, or financial reasons. When and if the Board determines it will be necessary to reduce the number of bargaining unit members, it will make a reasonable reduction in keeping with provisions of this Section. A reduction in force will not be made except for reasons set forth in Section 3319.17 of the Ohio Revised Code. No bargaining unit member's contract will be non-renewed for any of such reasons.
B. Reductions shall be made by suspending contracts based upon the Superintendent's recommendation as follows:
1. There The Board shall handle all staff reductions first through normal attrition;
2. Limited contract teachers shall be reduced by using the following order:
a. Area of Licensure/Certification
b. Competency as determined by formal evaluation
c. When evaluations are five comparable, by lowest seniority in the School District.
3. Continuing contract teachers shall be suspended only after all limited contract teachers in the teaching field of assignment by using the following order:
a. Area of Licensure/Certification
b. Competency as determined by formal evaluation
c. When evaluations are comparable, by lowest seniority in the School District.
C. Seniority
1. Each member of the bargaining unit will be placed on a seniority list for each teaching field for which he/she is certified/licensed. Unit members employed under continuing contracts will be placed at the top of each list in descending order of seniority. Unit members employed under limited contracts will be placed on each list under those on continuing contracts in descending order of seniority. The Human Resources Department will post and electronically notify members on or before November 10th the availability of the seniority list. Bargaining unit members will inform the Association and the District of any inaccuracies in the seniority list on or before December 15th. Inaccuracies shall be remedied not later than January 30th.
2. Seniority will be defined as the length of continuous employment as a member of the bargaining unit in this District.
a. Time spent while on a Board approved leave or while on a RIF status will not interrupt seniority and will count toward seniority, but not for the purpose of salary schedule placement except if on an approved paid leave or if the unit member has worked one- hundred twenty (120) days prior to the effective date of the suspension.
b. If two or more unit members have the same length of continuous employment, seniority will be determined by:
(1) the date of the Board meeting at which the unit member was employed, and then by;
(2) the date the unit member signed his/her initial employment contract in this district.
c. In the event of a tie in seniority among staff members each of whom holds a limited contract or each of whom holds a continuing contract, such tie shall be broken (i) first by suspending the contract of a staff member who is on a part-time contract that has fewer tenths before suspending the contract of a staff member that either is part-time with greater tenths or is full-time and (ii) then by utilizing a computer-generated number randomizer with the member generating the higher(est) number gaining seniority. For this and other purposes of this Section, “part-time” shall mean any amount less than a full (i.e., 100%) contract status and shall be in descending tenths of a full-time contract (i.e., .9, .8, .7, etc.).
3. A unit member so affected may elect to displace another unit member if:
a. He/she possesses a valid license/certificate in another area of licensure/certification other than the assigned area, and
b. He/she has earned a comparable or higher evaluation rating, and
c. He/she has higher seniority than the unit member he/she seeks to displace.
4. Unit members must be notified by the administration in writing on or before May 30 of the calendar year during which the suspension is to take place if the reason(s) for RIF are known on or prior to May 30. If the reason(s) for RIF are not known until after May 30, the notification will be sent as soon as possible in keeping with the provisions of this Section.
5. Any such election must be made within two (2) basic steps work days of the time the unit member is notified in writing that he/she will be affected.
D. The effective date of a suspension (RIF) will not take place during any contractual year after the one-hundred twentieth (120th) day of that contractual year. In such instances, the effective date of the suspension will be the first contractual day of the next contractual year. In all other instances, the effective date will be determined by the Board. An employee may not exercise the option of Sabbatical Leave in order to circumvent a reduction in force action affecting said employee.
E. The names of those bargaining unit members whose contracts are going to be suspended in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all force will be placed on a recall list, provided that placement of limited contract members on such list shall last for no more than twenty-four (24) months starting with the effective date of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15suspension.
B. Necessity and Extent
1. No new certificated employee will be employed by the Board while there are unit members on the recall list who are certificated/licensed for the vacant position and hold a contract for the same or greater tenths of service.
2. Unit members on the recall list will be recalled in reverse order of layoff for vacancies in areas for which they are certificated/licensed, provided that (a) no limited contract employee may be recalled to a vacancy that is for a greater tenths of service than his/her suspended contract, (b) no employee shall be required to accept a recall to a vacancy that is for a lesser tenths of service than his/her suspended contract, and (c) an employee on limited or continuing contract who does accept a recall to a vacancy that is for a lesser tenths of service than his/her suspended contract shall remain eligible, during the twenty-four (24) month recall period applicable to limited contract teachers, to be recalled to a vacancy that is for a greater tenths of service (but no greater than the tenths of service of his/her suspended contract).
3. When, and if, a vacancy occurs outside of the contract year and after the date a unit member is notified that his/her contract is to be suspended, the Board will send an announcement by certified mail to the last known address of all unit members on the recall list who are certificated/licensed for the vacant position and hold a suspended contract that is for at least the same tenths of service. It is the unit member's responsibility to keep the Board's Treasurer informed of his/her current address. If a vacancy occurs during the contract year but after the date a unit member is notified that his/her contract is to be suspended, a Board designee will hand-deliver a vacancy announcement to all unit members on the recall list who are certificated/licensed for the vacant position and hold a suspended contract that is for at least the same tenths of service. The Superintendent member shall sign indicating he/she has received the vacancy notice. All affected unit members interested in the vacancy are required to respond in writing or in person to the district's administration/Board office within ten (10) calendar days of receipt of the Board’s announcement. The affected unit member responding who has the highest placement on the seniority list for the certificate/license required for the vacancy will be assigned the vacant position effective immediately and will be removed from the recall list, subject to item 2(c) immediately above.
4. If a vacancy is not filled from the recall list by a unit member having at least the same tenths of service and to whom a notice is sent under item 3 immediately above, the Board will send an announcement by certified mail to the last known address of all unit members on the recall list who are certificated/licensed for the vacant position and who do not hold a suspended contract for at least the same percentage of service. The latter unit members may recommend then apply for the position and shall be deemed to be covered by the provisions of Section 7.01 above in doing so.
5. Any unit member receiving a recall notice who does not accept the recall for that vacancy shall be removed from the recall list. This section shall not apply if the recall notice is received after July 10th and the unit member is under contract with another school district.
F. Unit members already on a recall list under provisions of the previous Master Contract will automatically be provided all rights of recall under provisions of this Section.
G. No later than fifteen (15) days prior to the Board taking action on a reduction in force, the Association President shall be given the District's seniority lists for each area of certification/license and a list of those unit members whose contracts are going to be recommended for suspension.
H. The administration will hand-deliver letters to unit members affected by a reduction in force explaining the circumstances of such reduction if notice is provided during the contract year. If notice is provided outside of the contract year, the administration will provide letters via certified mail for unit members affected by a reduction in force explaining the circumstances of such reduction.
I. The unit member on suspended limited or continuing contract will have the right to remain a member of any or all employee group insurance policies at the individual's expense from the time the suspension of his/her contract takes effect to the end of the twenty-four (RIF24) month recall period applicable to limited contract teachers, provided the full cost of the monthly premium(s) for such coverage(s) is remitted to the Board. If such a recommendation is made it must be made at least by 's Treasurer fifteen (15) days before the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent due date of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teachingpremium.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Master Contract, Master Contract
REDUCTION IN FORCE. A. Introduction
A reasonable reduction of staff members may be made as a result of a return to duty of bargaining unit members on qualified leave, suspension of schools or territorial changes affecting the District, a decline in enrollment within the District or building, a declaration of Fiscal Watch by the Auditor of State as determined by Ohio Revised Code 3316.03 where reductions made in response to the watch are part of an overall plan to reduce the certified operating deficit, or for financial reasons. When such a reduction is deemed necessary, the following procedures shall be followed: No later than June 1, the Association President shall be notified of the Board’s intent to consider a staff reduction. There Any certifications from the State Auditor shall be included with said notice. A meeting shall be held between representatives of the Association and representatives of the Board to review appropriate data indicating a need for a reduction in staff. The Association shall be informed as to why the reduction is deemed necessary, what teaching positions are five to be affected, and the extent of the anticipated reduction. If the reduction is due to decreased enrollment, the HLEA President shall be provided with all enrollment projections and actual numbers for enrollment including Open Enrollment projections. Reduction in force shall be made by suspension of contracts. The Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent who shall within each teaching field affected, give preference to teachers on continuing contracts. The Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations over a three (53) basic steps in year period. A member whose contract is suspended as a result of a staff reduction shall be given written notification no later than June 15 of the school year preceding the actual reduction in force. These occur in logical The notification shall state the reason(s) for the reduction and temporal order as listed belowthe reason(s) for the selection of said member. In order to carry out all Members shall be recalled based on the recommendation of the steps in a timely fashionSuperintendent who shall within each teaching field affected, the District agrees give preference to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in Marchteachers on continuing contracts. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available not give preference to any teacher based on seniority, except when making a decision between teachers who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine have comparable evaluations over a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7year period. Once the Superintendent has determined the educational staff Any employee who’s contract was suspended shall have restoration rights for the next year, the Superintendent shall give notice to those teachers who will be nona twenty-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.four
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps The language in a reduction in force. These occur in logical and temporal order as listed below. In order this Article is intended to carry out all of supersede Ohio Revised Code Section 3319.172, to the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15extent permitted by law.
B. Necessity If the Board decides it is necessary to reduce the number of bargaining unit members in a job position category, the following procedure will govern such layoff and Extentreinstatement:
1. The Superintendent may recommend number of people affected by Reduction In Force shall be kept to a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least minimum, as much as possible, by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingattrition.
2. Whenever bargaining unit members are laid off, affected members shall be laid off according to seniority within the job position category, with the least senior member laid off first. “Seniority” shall be defined as the uninterrupted length of continuous service with the Board computed from the first date of uninterrupted service, except if a member has been out of the bargaining unit during any period of such service, seniority shall be computed from the first date of uninterrupted service with the District by accumulating only time spent in the bargaining unit. If two or more bargaining unit members have the same length of uninterrupted continuous service, seniority will be determined by;
a. The date of the Board meeting at which the bargaining unit member was hired; and then by
b. Selecting a number from a container with each number representing a different employee. The first number selected will be the most senior and the next number selected will be the next most senior, and so forth, until all ties in seniority are broken. The selection will be made by the administration with a representative of the Association present. Authorized leaves of absences do not constitute an interruption in continuous service.
3. A seniority list shall be prepared annually by September 30 and provided to the Association President. Within thirty (30) calendar days after the seniority list is provided, any objection to the list must be presented. All part-time employees will be placed on the seniority list based on their original date of hire into a Bargaining Unit position. If no objection is made during the thirty (30) day period, no grievances can be filed over individual seniority dates, as published.
4. The Board shall determine in which job position category the necessity layoff should occur and the number of bargaining unit members to be laid off. Except for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, involving a return from a leave of absence, dischargethe Board will give the Association at least thirty (30) days advanced notice of the Board action implementing the RIF. Except for a RIF involving a return from a leave of absence, or non-renewalafter Board action, etc., and these vacancies each member to be laid off shall be taken into consideration in determining given thirty (30) calendar days advance written notice stating the number effective date of available teacher positions for the following yearintended layoff. The Board shall determine may pay an employee in lieu of notice.
5. Bargaining unit members who are subject to lay-off, may displace the least senior member in another job position category, providing the following conditions are met:
a. The job position category must be a RIF is necessary only if the money projected to be available lower paying job position category in the General Fund job family (i.e., a maintenance employee could bump a maintenance custodian and a maintenance custodian could displace a custodian); and the employee being displaced must have less seniority than the employee who is insufficient to maintain displacing that employee; or
b. The job position category must be a former job position category held by the current program bargaining unit member; and the bargaining unit member must have satisfactory experience in the next year. former job position category; and the employee being displaced must have less seniority than the employee who is displacing that employee.
c. The extent bargaining unit member must be willing to accept the pay scale of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teachingjob position category.
C. Educational Program
16. Should the Board determine it desires to suspend a contract in part, so that an employee is required to work a percentage of the time the employee is otherwise required to work under the contract, the employee shall have the option of accepting the reduced time contract or going on layoff. If the Board has determined that RIF is necessaryemployee accepts the reduced time contract, the employee shall be entitled to be placed on the reinstatement list to return to the level of time the employee was working before the layoff.
7. The Superintendent shall recommend prepare a reinstatement list in reverse of layoff. Reinstatement shall be offered from this list before any new bargaining unit members are hired in the content affected job position category.
8. Vacancies which occur in the job position category of layoff shall be offered to or declined by the qualified bargaining unit member standing the highest on the layoff list before the next person on the list may be considered. Members shall have ten (10) calendar days from the date of mailing to respond. Notification of acceptance or refusal should be presented to the Superintendent, in writing; however, failure to respond at all shall be considered refusal of the educational program position. It is the responsibility of the following year involved member to advise the Board at a Special Meeting scheduled later in Aprilof an address where he/she can be reached. The Board Any member who declines reinstatement shall determine at be removed from the meeting the educational program for the following year. Both the Superintendent reinstatement list, and the Board shall consider have no further obligation to the following factors member. However, a refusal of an offer to return to work to a position of reduced time from the position which the member was laid off will not result in their actions:
a) The program needs removal from the reinstatement list. Notice of the studentsvacancy or reinstatement shall be by certified mail.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
29. The District will provide an announcement to bargaining unit member's name shall remain on the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply appropriate reinstatement list for a period of two (2) years unpaid leave from the effective date of absencelayoff. Any certified educator that volunteers If reinstated from layoff during this period, such member shall retain all previous accumulated seniority and all rights related to salary and fringe benefits. Time spent on layoff shall not count as experience for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absenceseniority or salary purposes.
3. One seniority list C. All Bargaining unit members laid off shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary subject to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program provisions of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowConsolidated Omnibus Budget Reconciliation Act of 1986.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
REDUCTION IN FORCE. A. Introduction
Section 1. There are five (5) basic steps in The Association recognizes the Board's right to reduce the number of Administrative personnel.
Section 2. For the purpose of this Article, the term "reduced" shall mean the termination of an Administrator from a reduction in forceposition within the bargaining unit.
Section 3. These occur in logical and temporal order as listed below. In order to carry out all Employment shall be by written contract which is renewed for an additional one year period unless written notice of non-renewal of the steps contract is given at least sixty (60) days before the termination date of the contract.
Section 4. Every year the Assistant Superintendent or designee will review the Administrative requirements for certification. Administrators must maintain current certification. The individual without administrative certification and/or administrative requirements may be released.
Section 5. An Administrator shall retain their tenure status as defined in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15Michigan Tenure Act.
Section 6. The sequence of Administrative personnel layoffs shall be as follows:
A. Any Administrator with an expired certification and/or who has not met administrative requirements.
B. Necessity Has not met certification requirements.
C. If a further reduction in Administrative staff becomes necessary, said reduction shall be accomplished by the Board's consideration of the following factors. Such consideration shall include, but not be limited to: - Annual administrative evaluations - Professional training and Extent
1experience. - Other provisions as established by law. The Superintendent may recommend a reduction in force (RIF) to Board decision and rationale shall be shared with all Administrators affected and the BoardPresident of AOPSA.
D. Release the Administrator. If such a recommendation an Administrator is made it must released from their Administrative responsibilities and he/she has the highly qualified certification, he/she will be made at least by able to bump into the regularly scheduled Board meeting in Marchteacher's bargaining unit.
Section 7. Administrators who have been reduced shall retain all accumulated sick leave.
Section 8. The Board shall take no action rescind letters sent to Administrators under Act No. 451 of the Public Acts of 1976, as amended (MCLA 380.247) as soon as sufficient information is available to warrant such action.
Section 9. In the event that a member of the bargaining unit, after being reduced, is subsequently re- assigned to a position covered by this bargaining unit, they shall be re-assigned to the next step on the RIF and shall invite the Association to make a recommendation salary schedule above that they held at the next regularly scheduled meetingtime of reduction, provided, however, that such Administrator had completed a full year as an Administrator at the previous step.
2Section 10. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section XEffective 2010-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to 11 any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent member of the RIF shall only be as many teaching positions as necessary to reduce costs to XXXXX that serves in an interim position and becomes the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content full time equivalent of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the studentsposition will accrue seniority from that point forward.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction29.01 When any of the following circumstances occur, the Board may make a reasonable reduction in force by suspension of contract(s) pursuant to Ohio Revised Code Section 3319.17: A reduction in pupil enrollment. The reduction of a program, provided that such reduction is not for arbitrary or discriminatory reasons. A bona fide consolidation. The return to duty of a regular teacher after a leave of absence. Lack of funds, being defined as the District receiving less monies in total, not considering categorical funding than received in previous fiscal year. Financial Reasons.
1. There 29.02 To the extent possible, the number of members affected by a reduction in force will be minimized by not employing replacements for members who retire, resign, or whose limited contracts are five (5) basic steps in a not renewed for reasons other than reduction in force. These occur in logical and temporal order as listed below. In order Attrition alone may not be sufficient to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15accomplish necessary reductions.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to 29.03 If the Board. If such a recommendation Board is made contemplating the layoff of any members, it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to notify the Association and copies all members so affected thirty (30) days during the summer, or sixty (60) days during the school year, before the proposed effective date of the layoff. Such notice shall be in writing and shall include the specific positions to be affected, the proposed time schedule, and the reasons for the proposed action. Within twenty (20) days after receiving the aforesaid notice, the Board shall, if requested to do so in writing, grant the Association the opportunity to appear before the Board to present its positions concerning the Reduction in Force, after first meeting with and presenting its position to the Superintendent.
29.04 For purposes of this Article, seniority will be available computed from a member's most recent date of continuous hire and will begin to any teacher who requests one.
3accrue as of his/her first day of actual service in a negotiating unit position. Before that decision is made, the District shall determine, as accurately as possible, the total number Seniority will continue to accrue during all paid leaves of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., absence and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a period of two (2) years unpaid leave from the effective date of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be preparedlayoff. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall will not be broken by lotunpaid leaves of absence or employment by the Board in a position outside the negotiating unit, but such time will not be counted in computing seniority.
4. For each position that will 29.05 All bargaining unit members shall be reducedplaced on a seniority list, which shall contain the teacher following information: The initial date of employment with the least seniority Xxxxxx-Xxxxxx Local Schools. The type of teaching contract (limited or continuing). All areas in that department which the member is certified. Years of continuous service. No later than October 1, bargaining unit members shall be non-renewed unless the teacher is determined to be necessary present to the educational program for the following year as defined below.
5Superintendent copies of all certifications. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program Not later than October 15 of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current each school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice will provide the Association with the above seniority list and deliver to the Association President.
29.06 Reductions needed beyond those teachers who available by attrition will be non-renewedmade by suspending contracts. This In making such reductions, the Board will suspend contracts in accordance with the teaching field affected. Those contracts to be suspended will be chosen as follows: Reductions in any area of certification/licensure will be made from lowest evaluation score for that area of certification/licensure. In the event a tie in evaluations exists, the member with the lesser seniority will be reduced first. A member affected may elect to displace a member in another area of certification/licensure, provided he/she is certified/licensed to perform the work and provided that he/she has a higher evaluation rating than the person to be displaced. Written notice of intent to exercise this right must be given to the Superintendent, with a copy to the Association, within ten (10) days after a member is notified that he/she is to be laid off. Within ten (10) days after he receives such notification, the Superintendent will notify member that he/she is to be displaced. If two or more members have the same length of continuous service, seniority will be determined by the date of the Board meeting at which the member was hired. If a tie still exists, the most senior member shall be given early enough the one whose name appears first in the Board minutes book and so on down the line.
29.07 A member who is laid off shall remain on the recall list for a period of eighteen (18) months after the effective date of his/her layoff unless he/she: Xxxxxx his/her recall rights in writing. Resigns. Fails to allow accept recall to a position; or Fails to report to work in a position that he/she has accepted within ten (10) work days after the appeals procedure date of mailing of the notice of recall unless he/she is ill or injured and verifies this in writing.
29.08 The recall of members on the recall list shall be as follows: All members laid off as a result of a reduction in force shall be placed on a recall list in reverse order of layoff. No new teachers shall be employed by the Board while there are members on the recall list who are certificated/licensed for any opening(s). A member on the recall list shall be recalled as position(s) become available in area(s) of his/her certification/licensure in accordance with contract status. Seniority will be considered in the event that more than one member with equal evaluations are eligible for recall. When an opening(s) occurs, the Board shall send a certified letter to take place before May 15all eligible members at their last known address to advise them of the availability of the position. The member shall, within ten (10) days after date of mailing said certified letter, indicate to the Superintendent in writing of his/her availability and desire for the position. Failure to notify the Superintendent within the specified period shall be deemed as a notice of unavailability for the position. The Board shall reinstate the member indicating availability and desire for the position who has the greatest seniority as determined by the provisions of this Article. Upon reemployment, all rights related to fringe benefits shall be fully restored as of the date of such return to service.
29.09 While on layoff, a member shall have the right to pay the total premium for all group insurance benefits made available to the members of the bargaining unit by the Board, if available in the insurance contract.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are If it becomes necessary to reduce the number of employees due to a decrease in pupil enrollment, the return to duty of teachers from leaves of absence, a suspension of schools or territorial changes, or for identified financial reasons, the following provisions shall apply. Such RIF will be in keeping with the provisions of this article and pursuant to section 3319.17 of the Ohio Revised Code. The CFVEA and certified staff shall be notified within five (5) basic steps in a reduction in forceschool/working days following the March Board meeting, of any school year, of any proposed teacher reduction. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15Such notice shall include:
a. The positions for reductions being considered.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If b. Reasons for such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingdecisions.
2. The Board shall determine not act on any proposed teacher reduction until after the necessity for CFVEA has had the right to present its views at a RIF public Board meeting. The CFVEA shall not be required to present its views any earlier than the next scheduled Board meeting provided the CFVEA has no less than ten (10) days between delivery of the notice and its extent at least by the regularly scheduled Board meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests onedate.
3. Before that decision is madeAfter the Association has presented its views, the District Board shall determine, as accurately as possible, proceed to reduce teachers in the total number of teachers leaving following sequence:
a. The Board shall handle all teacher reductions first through normal attrition which shall be employees who leave the District for reasons by reason of retirement, family transfer, resignation, leave death or those whose limited contracts are not renewed due to violation of Board policy.
b. A list shall be prepared of all employees each year by November 1st according to certification and licensure and final summative evaluation scores (for RIF purposes only). Accomplished and Skilled are comparable to one another [green section of ODE Evaluation Matrix], then Developing [yellow section of ODE Evaluation Matrix], and then Ineffective [red section of ODE Evaluation Matrix]. The list shall be sequenced to include the following:
i. Areas of certification/licensure in effect by August 31 of each school year
ii. Most recent final summative evaluation score sorted with Ineffective first, then Developing, then Skilled/Accomplished
iii. The date of the Board meeting at which the employee was hired, and then by the date on which the employee submitted a completed job application if multiple teachers were hired on the same Board meeting date. (All approved “leaves of absence, discharge, or non-renewal, etc” will be applied towards continuous service for seniority purposes., and these vacancies )
c. A list shall be taken into consideration in determining prepared indicating the number of available teacher position(s) and/or part positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available abolished.
d. Reductions in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort Force shall be made to reduce budget areas other than teaching.by suspending teacher contracts based upon the Superintendent’s recommendations as follows
C. Educational Programi. Limited contract teachers by using the following order:
1. If Area of licensure/certification within the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following yearaffected teaching assignment.
2. The District will provide an announcement to Rating as determined by the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absenceperformance evaluation.
3. One seniority list shall be prepared. Seniority is defined as the number When performance ratings are comparable, by date of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher employment with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotClear Fork Valley Local Schools.
4ii. For each position that will be reducedContinuing contract teachers, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other only after all Limited contract teachers in the District is qualified to teach as defined belowteaching field of assignment, by using the following order:
1. Area of licensure/certification within the affected teaching assignment.
62. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies Rating as determined by the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredperformance evaluation.
73. Once the Superintendent has determined the educational staff for the next yearWhen performance ratings are comparable, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15by date of employment with Clear Fork Valley Local Schools.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. In the event the Montpelier Board of Education determines it necessary to reduce the number of certificated staff positions under the reasons set forth in Ohio Revised Code 3319.17, a decline in enrollment of a program, grade level, or building level, or due to a lack of funds, the following procedures shall be used:
A. IntroductionTo the extent possible, the number of teachers affected by reduction in personnel will be minimized by not employing replacement for employees who retire, resign or those whose limited contracts are not renewed for reasons other than reduction in personnel. Attrition alone may not be sufficient to accomplish necessary reductions.
B. Staff reductions needed beyond those available by attrition will be made by suspending contracts based upon the Superintendent's recommendation. The board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. For the purpose of this article, comparable evaluations are evaluations with the same OTES ratings based on a three (3) year running average, to the extent that such a number of evaluations exists. Teachers on continuing contract shall be given preference over teachers with limited contracts Seniority shall be defined as follows:
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One A seniority list shall be preparedestablished listing all members of the bargaining unit, the date of hire-in, and the areas of certification held by each teacher. Teachers holding continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers holding limited contracts will be placed on the list below continuing contract teachers, also in descending order of seniority. Seniority is defined as the number length of years continuous service to the Montpelier School System.
2. Authorized leaves of absence will not interrupt seniority, but time spent on such leave will not count toward seniority.
C. The names of teachers whose contracts are suspended in reduction of personnel will be placed on a recall list for up to twenty-four (24) months from the date of reduction. Teachers on the recall list will have the following rights:
1. No new teachers will be employed by the Board while there are teachers on the recall list who are certificated for the vacancy.
2. Teachers on the recall list will be eligible to be recalled. Seniority shall not be the basis for recalling a teacher, except when making a decision between teachers who have comparable OTES ratings. If a vacancy occurs, the Board will send a certified announcement to the last known address of all teachers on the recall list who are properly certified. It is the teacher's responsibility to keep the Board informed of his/her current address. The teacher must respond within seven (7) calendar days of the mailing date, otherwise he/she forfeits all recall rights. Recall shall be in reverse order of reduction.
3. If a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of yearsis recalled and is unable to obtain a release from contractual obligations to another school board, the teacher with the most number of hours toward horizontal placement will remain on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotrecall list for one (1) year.
4. For each position that will be reducedA teacher on the recall list will, upon acceptance of the teacher notification to resume active employment status, return to active employment status with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program same seniority, accumulation of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificatesick leave, and for a categorical program, satisfies salary schedule placement as he/she enjoyed at the appropriate state, or federal requirements and either has the equivalent time of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester layoff. Participation in benefits during the last three (3) years counting the current school year, unless the teacher specifically requests not layoff are pursuant to be consideredCOBRA.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Master Negotiations Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five A reasonable (5i.e., non-arbitrary and non-capricious) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least employees may be made only when one (1) regularly scheduled meeting or more of the following conditions exist:
a. Decreased pupil enrollment;
b. Return to duty of regular teachers after leave of absence (in April before April 15such a case, the notice provisions appearing in paragraph 1 below shall not apply);
c. Suspension of schools
d. Territorial changes affecting the District;
e. Financial reasons.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to On or before April 1 preceding an anticipated staff reduction, the Association President shall be notified of the Board’s intent to consider a staff reduction. If such A meeting shall be held between representatives of the Association and the Board to review appropriate data indicating a recommendation is made it must be made at least by the regularly scheduled Board meeting in Marchneed for a reduction. The Board Association shall take no action on be informed as to why the RIF reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and shall invite the Association to make will be provided with a recommendation at the next regularly scheduled meetingseniority list of all employees.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be preparedprepared by listing all teachers according to continuous service in the District within all areas of certification/licensure. Seniority Those on continuing contracts shall be listed first according to continuous service in the District; then those on limited contracts shall be listed by continuous service in the District. The list shall include the date of initial employment (continuous) for each employee. An employee who actually works at least one hundred twenty (120) days within a given school year, irrespective of whether such service is defined as the number full-time or part-time, will receive a full year of years seniority credit; an employee who actually works fewer than one hundred twenty (120) days within a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI recordsgiven school year will receive no seniority credit for that year. In case If two (2) or more teachers have taught the same number length of yearscontinuous service, seniority shall be determined by:
a. The date of the Board meeting at which the teacher with was hired, and then by,
b. The date the most number of hours toward horizontal placement on teacher signed his/her initial limited contract in the District salary schedule shall be given the greater seniority. District.
c. If there is still a tieany ties remain after a) and b), it shall they will be broken by lot.
3. To the extent possible, the number of teachers affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign, or whose limited contracts are non- renewed. It is recognized, however, that attrition alone may be sufficient to accomplish necessary reductions.
4. For each position that Reductions needed beyond those covered by attrition will be reducedmade only by suspending contracts. The Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent who shall, within each teaching field affected, give preference to teachers on continuing contracts and to teachers who have greater seniority. The position to be abolished will be applied to the seniority list. The teacher who presently holds this position is the teacher whose contract is to be suspended, unless it is possible for the involved teacher to replace a teacher with the least less seniority in that department an area for which the involved teacher is properly certificated/licensed. A teacher whose contract is suspended, as a result of staff reduction, shall be non-renewed unless given written notification no later than April 30 of the teacher year the reduction is determined to be necessary to implemented. The notification shall state the educational program reason(s) for the following year as defined belowreduction and reason(s) for the selection of said teacher.
5. A Teachers whose continuing contracts are suspended shall have the right of restoration to continuing service status in the order of seniority in the District, if and when teaching positions become vacant or are created for which any of such teacher who by seniority is being considered are or become qualified. After restoration of teachers with continuing contract, those on limited contracts shall also be restored in the manner described above. Restoration rights for RIF teachers whose limited contracts were suspended shall be determined to be necessary for commence upon the educational program effective date of the next year, if that teacher during the current year teaches a class that is included in suspension and shall continue through the next year's educational program that no other two (2) full school years. Where group insurance policies permit, a teacher on the recall list who is unemployed and does not otherwise have group coverage available may continue to participate in those benefits which are provided to teachers in the District is qualified to teach as defined belowactive employment provided.
6. No new teacher will be employed while there are teachers on the recall list who are qualified in the teaching area in which a vacancy exists. When a vacancy occurs, the Board shall send a certified announcement to the last known address of teachers on the recall list who are qualified to fill the vacancy. It is the teacher’s responsibility to keep the Board informed of his/her current address. Any teacher who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. A teacher is qualified on the recall list shall, upon acceptance of the notification to teach a classresume active employment status, or elementary gradereturn to active employment status with the same seniority, or a categorical program if that teacher has an appropriate teacher certificateaccumulation of sick leave, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified salary schedule placement as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredenjoyed at the time of layoff.
7. Once The Administration will provide letters of recommendation for teachers affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon the Superintendent has determined request of the educational staff for the next year, the Superintendent teacher. The personnel records and all references of teachers laid off as part of a reduction in force shall give notice clearly indicate that such was due to those teachers who will be non-renewed. This notice shall be given early enough a reduction in force and was not due to allow the appeals procedure to take place before May 15unsatisfactory performance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction20-01. In the event that the School Committee contemplates reducing the number of Administrators because of financial limitations, a decline in pupil enrollment or any other reason, it shall provide the Association with written notice of that fact before April 30th of the school year prior to the contemplated reduction or, in the case of an emergency situation, as soon thereafter as possible. Thereafter, if requested to do so by the Association, the School Committee will engage in discussions with it with respect to any such proposed reduction.
20-02. If, following such discussions, it is determined that some reduction is still necessary, every effort will be made to accomplish any such reduction by normal attrition.
20-03. If any such required reduction cannot be accomplished by normal attrition, the following procedures shall govern:
1. There For the purposes of this Article, the following are five the classifications in the administrative bargaining unit in the Xxxxxx School Department: High School House Xxxx Middle School Assistant Principal Elementary School Assistant Principal Guidance Counselor Social Worker Psychologist Evaluation Team Chairperson Department Chair Librarian/Media Specialist Behavior Modification Monitor Attendance Officer District Support Specialist (5Early Childhood) basic steps District Support Specialist (English Language Learner Services) District Support Specialist (Student Services) District Support Specialist (Student Support Services) Instructional Specialist Literacy Specialist Reading Specialist Any other Multiple Position Classification All other positions in the bargaining unit shall constitute a separate classification since there is only a single position within each such classification.
2. For the purpose of this Article, seniority is defined as the length of continuous service within the Xxxxxx School Department, whether as a member of Unit A or Unit B. An Administrator’s seniority shall include all time from the date of his/her first employment in a reduction teaching or administrative position in forcethe Xxxxxx School Department, including any time spent on a paid leave of absence. These occur Time spent on an unpaid leave of absence shall not be included in logical and temporal order as listed belowthe computation of seniority, but such unpaid leave of absence shall not result in a break in seniority. In order to carry out all the event of regulatory or statutory changes regarding the steps use of seniority in a timely fashionthe reduction of teaching and/or administrative staff, the District agrees to hold two (2) regularly scheduled Board meetings a month during March number of satisfactory/proficient Xxxxxx Public Schools evaluation cycles will be the determining factor in the retention of Administrators and April, if necessary, and a least one (1) regularly scheduled meeting Teachers in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend the event that a reduction in force be necessary. (RIFAn evaluation cycle is two years prior to 2012 and one year beginning in the 2012-13 school year.) In the event that an Administrator has not been evaluated during an evaluation cycle while employed in the Xxxxxx Public Schools (as either a Teacher or Administrator), for the purposes of this provision the Administrator will be considered to have received a satisfactory/proficient evaluation. In the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At case that timean Administrator satisfactorily completes an improvement plan, the seniority lists referred to in Section X-D-1 evaluation for that cycle will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests oneconsidered a satisfactory evaluation for purposes of this provision.
3. Before No Administrator with professional status in a given administrative classification shall be reduced from that decision classification if there is madesomeone who does not have professional status employed in that classification.
4. If all Administrators within a given classification have professional status in that classification, the District shall determinereduction will take place on the basis of seniority with the Administrator in that classification with the least seniority being the one who is reduced from it. If two or more Administrators in a given classification have the same seniority date, as accurately as possible, then the total number Administrator who has served in that particular classification for the longest period of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies time shall be taken into consideration in determining deemed to have the number greatest seniority.
5. Any Administrator who is reduced from his/her classification shall be given written notification of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent his/her reduction and of the RIF shall only classification to which he/she will be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined reassigned by June 15th of that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following school year.
26. Except in the case of a financial emergency resulting from the City’s reduction of previously appropriated funds from the School Department’s budget during the course of a school year, any such reduction shall take effect as of the last day of the school year and the affected Administrator shall be paid his/her full salary for that year by June 30th.
7. Any Administrator who is reduced from his/her classification who has previously served for at least three (3) complete years (measured from the date of appointment) in another classification in the bargaining unit which is equal to or lower in salary than the classification from which he/she has been reduced may return to that previously held classification provided that there is an incumbent in that previously held classification who has less seniority than the reduced Administrator. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave displaced Administrator shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will then have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public any equal or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included lower rated administrative classification in the next year's educational program that no other teachers bargaining unit in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher which he/she has an appropriate teacher certificate, and previously served for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last at least three (3) such complete years counting provided that there is an incumbent with less seniority in that previously held classification. The second and any subsequently displaced Administrator shall also have the current school year, unless same right to return to a previously held classification.
8. Any Administrator who is either reduced or displaced from the teacher specifically requests administrative bargaining unit pursuant to either of the two preceding paragraphs shall have fall-back rights to any Unit A position for which he/she is certified and otherwise qualified to fill based upon his/her Unit A seniority only. If any such Administrator does not have Unit A seniority to fall-back to or to be consideredrecalled to a Unit A position, then he/she shall, throughout the length of his/her recall period, be included among the three referrals that are made by the Deputy Superintendent for Personnel to the Principal of any school in which an opening develops in a teaching position to which no laid off member of Unit A has recall rights provided that he/she is certified and otherwise qualified to fill that position. Included among the requirements to be included among the three such referrals is the Administrators’ inclusion on the Teachers Eligibility List of the Xxxxxx Public Schools for that particular position. Any reduced Administrator who is appointed to any such open or vacant position pursuant to this section shall, if he/she has nine (9) or fewer years of service in the Xxxxxx Public Schools, be placed on the maximum step of the Teachers Salary Schedule for his/her appropriate educational lane, provided that the maximum salary is less than the salary of his/her last held administrative classification; however, if the maximum Teacher’s Salary for his/her appropriate educational lane is greater than the salary of his/her last held administrative classification, then he/she shall be placed on that step of the Teachers Salary Schedule for his/her educational lane that is either equal to or immediately above the salary of his/her last held administrative classification. If such reduced Administrator has ten (10) or more years of service in the Xxxxxx Public Schools, then he/she shall be eligible for the salary maintenance (“red line”) provision that is set forth in Section 20-04 below if it would be to his/her advantage.
720-04. Once Any Administrator who is reassigned to a lesser paid administrative classification or to a teaching position shall continue to be compensated at his/her prior administrative salary level until such time as the Superintendent salary of the classification to which he/she has determined been reassigned equals or exceeds his/her prior administrative salary level.
20-05. Any Administrator who is laid off from employment in the educational staff Lowell School Department as a result of a reduction in force shall have the right to maintain the group health and life insurance coverage that is provided for in this Agreement at his/her own expense for a period of eighteen (18) months following his/her layoff or for whatever other period is provided under state or federal law.
20-06. Administrators who are reduced from their administrative classification pursuant to this Article shall have the next year, right to be recalled to the Superintendent same administrative classification from which they were reduced in the reverse order of their reduction from that classification. This right of recall shall give notice to those teachers who remain in effect for a period of four (4) years from the date of the Association member’s reassignment or layoff.
20-07. Administrators with recall rights will be non-renewednotified of their option to exercise such recall rights by certified mail, return receipt requested, sent to their last address on file with the Xxxxxx School Department. This notice There shall be given early enough no limit on the number of recall notices that can be sent to allow the appeals procedure an Administrator during his/her four (4) year recall period.
20-08. No new personnel shall be appointed to take place before May 15any administrative classification to which a reduced Administrator has recall rights as set forth above.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order The Bethlehem School Board has the right to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining decrease the number of available teacher positions for members of the following yearbargaining unit because of a decrease in enrollment or discontinutation of a program. Whenever this shall occur, the Superintendent shall, prior to the date specified in NH law, notify the members of the bargaining unit involved in the reduction of the intent to fail to renominate. The Board earliest date and the order in which individuals are nominated before the board shall define the most senior bargaining unit member. Areas of certification shall determine a RIF classifications within the bargaining unit. It is necessary only if the money projected possible for one bargaining unit member to be available in the General Fund is insufficient considered parts of two different classifications due to maintain the current program in the next yearmultiple certifications. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board Once it has been determined that RIF a reduction is necessary, the Superintendent basis for deciding which individual will be reduced shall recommend be performance as measured by the content district evaluation process, including any and all materials in the individual’s personnel file. No evaluations from other than the most recent five years, including the year in which the reduction occurs, shall be used in measuring performance. In the event that the performance of the educational program of the following year all unit members who are being considered for reduction is determinted to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following yearbe equivalent, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher unit member with the least seniority will be the first individual to be reduced. In the event that the board effectuates the reduction on the basis of seniority the only matter that may be grieved will be the questions of which teacher has the more seniority. During the two years after failure to be renominated because of Reducation in that department Force, such members of the bargaining unit shall be non-renewed unless renominated and reelected according to seniority, to fill vacancies for which they are qualified. Such renomination shall not result in loss of credit for prior years of service. Once a position has been offered, for which the member is qualified, and the member has refused this position, any rights retained under this provision shall be null and void. Members of the bargaining unit shall be informed prior to a RIF taking place and unit members will be asked if they intend to leave. A letter of resignation will be required to render the RIF unnecessary. A letter will be placed in the file of any member who is reduced indicating that the non- renewal was due to a layoff. Letters of commendation (from parents and others) shall be placed in personnel file at the request of the teacher is determined to be necessary to the educational program for the following year as defined beloweffective 2000-2004.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Professional Negotiated Agreement
REDUCTION IN FORCE. A. Introduction
1The Marshfield School System retains the exclusive right and sole responsibility to determine the number of professional and other positions needed in the School system including the right to determine the number of employees to be laid off, recalled, or that a particular type of service should be discontinued in whole or in part. There are five (5) basic steps in a Such decisions shall not be subject to the grievance and arbitration provisions of this Agreement, but once made, the following policy for reduction in forcepersonnel will be followed:
14.1 In the event it becomes necessary to reduce the number of employees in the bargaining unit, layoffs will be determined by seniority in each classification. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend Where a reduction in force results in the transfer of a senior employee to a position of a greater or lesser number of hours the employee shall be placed in the position at the established hours.
14.2 Employees whose employment will be terminated in full or in part shall be given notice at least ten (RIF10) days prior to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in Marchlayoff date. The Board shall take no action on Association will also be forwarded a copy of the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingnotice.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting 14.3 If employees who are laid off request in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent writing to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected Superintendent to be available in the General Fund is insufficient to maintain the current program in the next year. The extent placed on recall, then during a period of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave from the effective date of absencetheir layoff, such employees shall be given preference for recall as vacancies develop to the same or similar positions for which they are qualified.
14.4 In the event of recall, employees shall be notified by Certified Mail to their last address of record with the Superintendent and must advise the Superintendent of their acceptance of the position being offered within ten (10) business days following the date of mailing of said notice, or forfeit all recall rights. Any certified educator that volunteers for such leave The School system shall continue not be required to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year make more than one (1) providing offer of re-employment during the period that the layoff conditions remain. Such educators will have the same right to return to work as a certified an employee returning from a leave of absenceis eligible for recall.
3. One seniority list 14.5 Employees recalled pursuant to the above provisions shall be prepared. Seniority is defined as credited with all accrued time in service of the number School System prior to the effective date of years a teacher has taught in public or private education, grade P-12, as reflected on layoff for the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number purposes of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule schedule, entitlement to other benefits based upon length of service, and any previously unused sick leave.
14.6 For the purposes of this Article, seniority will be defined as set forth in Article XV, Seniority.
14.7 During the recall period, employees shall be given the greater seniority. If there is still a tieentitled to participate in all group life, it shall be broken accidental and health insurance programs by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program paying one hundred percent (100%) of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowpremiums.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five A reasonable (5i.e., non-arbitrary and non-capricious) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least employees may be made only when one (1) regularly scheduled meeting or more of the following conditions exist:
a. Decreased pupil enrollment;
b. Return to duty of regular teachers after leave of absence (in April before April 15such a case, the notice provisions appearing in paragraph 1 below shall not apply);
c. Suspension of schools
d. Territorial changes affecting the District;
e. Financial reasons.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to On or before May 1 preceding an anticipated staff reduction, the Association President shall be notified of the Board’s intent to consider a staff reduction. If such A meeting shall be held between representatives of the Association and the Superintendent to review appropriate data indicating a recommendation is made it must be made at least by the regularly scheduled Board meeting in Marchneed for a reduction. The Board Association shall take no action on be informed as to why the RIF reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and shall invite the Association to make will be provided with a recommendation at the next regularly scheduled meetingseniority list of all employees.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be preparedprepared by listing all teachers according to continuous service in the District within all areas of certification/licensure. Seniority Those on continuing contracts shall be listed first according to continuous service in the District; then those on limited contracts shall be listed by continuous service in the District. The list shall include the date of initial employment (continuous) for each employee. An employee who actually works at least one hundred twenty (120) days within a given school year, irrespective of whether such service is defined as the number full-time or part-time, will receive a full year of years seniority credit; an employee who actually works fewer than one hundred twenty (120) days within a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI recordsgiven school year will receive no seniority credit for that year. In case If two (2) or more teachers have taught the same number length of yearscontinuous service, seniority shall be determined by:
a. The date of the Board meeting at which the teacher with was hired, and then by,
b. The date the most number of hours toward horizontal placement on teacher signed his/her initial limited contract in the District salary schedule shall be given the greater seniority. District.
c. If there is still a tieany ties remain after a) and b), it shall they will be broken by lot.
3. To the extent possible, the number of teachers affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign, or whose limited contracts are non- renewed. It is recognized, however, that attrition alone may not be sufficient to accomplish necessary reductions.
4. For each position that Reductions needed beyond those covered by attrition will be reducedmade only by suspending contracts. The Board shall not give preference to any teacher based on seniority, the except when making a decision between teachers who have comparable evaluations. In determining whether evaluations are comparable for purposes of this Article, teachers who received an overall rating of Accomplished or Skilled on their most recent evaluation will be deemed to have comparable evaluations for purposes of this Article. A teacher with the least seniority in that department whose contract is suspended, as a result of staff reduction, shall be non-renewed unless given written notification no later than June 1 of the teacher year the reduction is determined to be necessary to implemented. The notification shall state the educational program reason(s) for the following year as defined belowreduction and reason(s) for the selection of said teacher.
5. A teacher who Teachers whose continuing contracts are suspended shall have the right of restoration to continuing service status in the reverse order of layoff (except as otherwise required by seniority is being considered for RIF shall be determined to be necessary for the educational program Section 3319.17 of the next yearOhio Revised Code), if that and when teaching positions become vacant or are created for which any of such teacher during the current year teaches a class that is included are or become qualified. After restoration of teachers with continuing contract, those on limited contracts shall also be restored in the manner described above. Restoration rights for teachers whose limited contracts were suspended shall commence upon the effective date of the suspension and shall continue through the next year's educational program that no other two (2) full school years. Where group insurance policies permit, a teacher on the recall list who is unemployed and does not otherwise have group coverage available may continue to participate in those benefits which are provided to teachers in the District is qualified to teach as defined belowactive employment provided.
6. No new teacher will be employed while there are teachers on the recall list who are qualified in the teaching area in which a vacancy exists. When a vacancy occurs, the Board shall send a certified announcement to the last known address of teachers on the recall list who are qualified to fill the vacancy. It is the teacher’s responsibility to keep the Board informed of his/her current address. Any teacher who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. A teacher is qualified on the recall list shall, upon acceptance of the notification to teach a classresume active employment status, or elementary gradereturn to active employment status with the same seniority, or a categorical program if that teacher has an appropriate teacher certificateaccumulation of sick leave, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified salary schedule placement as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredenjoyed at the time of layoff.
7. Once The Administration will provide letters of recommendation for teachers affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon the Superintendent has determined request of the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15teacher.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction6.1 Reduction in Force Reduction in force shall be defined as a necessary reduction in the work force beyond the normal attrition for economic reasons only. Reductions will be made at the school and / or department level. In the event that a reduction in the number of positions is necessary, the District shall provide thirty (30) days written notice to the affected employees.
6.1.1 Normal attrition shall be considered prior to any staff reductions.
6.1.2 For purposes of reduction, seniority will be determined based on an employee’s most recent date of hire (“hire date”) into the District.
6.1.3 The school or department making a reduction will first lay off hourly employees, when possible.
6.1.4 In determining which individuals will be impacted by a reduction, work sites (schools or departments) will apply the following criteria in the following order:
1. There are five (5) basic Normal attrition shall be considered prior to any staff reductions.
2. Hourly employees will be laid off first, when possible.
3. After any hourly reduction, probationary employees who have been employed by the District for 90 days or less will be reduced.
4. If steps in a reduction in force. These occur in logical one through three do not achieve the necessary reductions, the employer will consider documented job performance and temporal order as listed belowthe employee’s skills. In order to carry out all cases where an individual administrator has not yet appraised any employee, the employee’s three prior appraisals will be considered, if available.
5. If the preceding criteria are equal, the least senior employee shall be reduced.
6.1.5 The District shall notify the Association of the steps in a timely fashion, affected positions. The Association shall have 30 days to review the reductions before they are finalized. The District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15will consider recommendations from the Association.
B. Necessity and Extent6.1.6 The following processes will be used to assist impacted employees with securing other positions:
1. The Superintendent may recommend district will maintain a reduction listing of impacted employees in force (RIF) to order of seniority with the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation most senior employee at the next regularly scheduled meetingtop of the list. Principals and hiring managers may obtain the list from the Department of Human Resources upon request.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 Impacted employees will be made available by the Superintendent's Office. One copy will be sent added to the Association and copies listing when they are first notified of a pending reduction. The impacted employees will be available to any teacher who requests oneremain on the listing until one year after their date of reduction, or until they secure another position.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District Impacted employees will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lottwo guaranteed interviews for DAEOP positions to which they have applied.
4. For each position that positions where multiple impacted individuals request guaranteed interviews, hiring managers will be reducedrequired to interview at least two (2) of the impacted individuals, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary but are not limited from interviewing additional impacted individuals who may have applied to the educational program for the following year as defined belowposition.
5. A teacher who by seniority is being considered for RIF shall be determined In addition to be necessary for the educational program of the next yearabove processes, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowwill offer impacted employees information on effective job search techniques (e.g. resume writing, interviewing, etc.)
6. A teacher is qualified to teach Impacted employees will be given time off for internal interviews if they are scheduled during the work day.
6.1.7 When an impacted employee accepts a class, or elementary grade, or position with a categorical program if that teacher has an appropriate teacher certificatedifferent work year from their reduced position, and for that difference creates a categorical programpotential break in service, satisfies the appropriate stateDistrict will, in an attempt to avoid or federal requirements minimize the break in service, pay out the employee’s vacation (if applicable) and either has modify the equivalent proration of the employee’s pay during the first year in the new position, after consultation with the employee.
6.1.8 When an impacted employee accepts a majorposition in a lower classification, or and her / his rate of pay is within the range of the new position, her / his rate of pay will remain the same. When an impacted employee accepts a minor appropriate lower level position and her / his rate of pay is above the maximum for the classposition, or gradeher / his rate of pay will be reset to the maximum salary for the new position.
6.1.9 If an impacted employee does not secure a full time position, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not they can opt to be consideredconverted to a part-time or hourly position dependent on availability and selection.
7. Once 6.1.10 The employment of employees who do not secure a position will end on the Superintendent has determined date referenced in their written notification of reduction.
6.1.11 Nothing contained herein shall prevent the educational staff for parties from mutually agreeing to modify the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15should a reduction in force occur.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introductiona. In the event the School Committee determines to abolish secretarial positions or to reduce the number of employees in the secretaries’ unit, layoff will be in the reverse order of seniority within the secretarial divisions, subject to qualifications and skills. The School Committee and its agents shall be the sole judge of qualifications, so long as such determination is not unreasonable.
b. For the purposes of this Article, divisions are the secretarial classifications stipulated in Appendix A, Secretarial Classification Schedule, and are enumerated as follows:
(1. There are five ) Classification I (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two 52 week positions)
(2) regularly scheduled Board meetings Classification II (52 week positions) Classification III (46 week (220 days) positions) (44 week (210 days) positions) Classification IIIa (42 week (200 days) positions) (Where secretary is not needed during February and April vacation).
(3) A division of secretarial positions whose salaries are reviewed on a month during March and April, if necessary, and a least one yearly basis: Payroll Clerk
c. For purposes of the agreement:
(1) regularly scheduled meeting Total continuous time as a regular employee in April before April 15a position covered by this Agreement or in the bargaining unit in months and days shall be used to compute an employee’s length of service (seniority) as a secretary. An employee will acquire seniority after completing the probationary period and his/her seniority shall then date from the beginning of employment. (In case of a situation where two or more members of the bargaining unit are appointed on the same date, and there is need for reduction in force within the division, they shall draw lots to establish their relative seniority status).
B. Necessity (2) The length of service of an employee shall be broken and Extentno prior periods of employment with the School Committee shall be counted if such employee: voluntarily resigns his employment, or is discharged by the School Committee.
1. (3) The Superintendent may recommend length of service of an employee shall not be broken, but no seniority shall accrue, if an employee who has been discharged only for reasons of RIF is re-employed in a position covered by this Agreement within a period of 18 months immediately following the end of the recall period.
d. Secretaries who are to be affected by a reduction in force shall be notified thirty (RIF30) calendar days prior to the Board. If such a recommendation date on which the reduction is made it must to be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that timeeffective, the seniority lists referred to in Section X-D-1 or payment will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests onein lieu thereof.
3. Before e. Secretaries who are on layoff shall, for twelve (12) months after the effective date of layoff, be provided an opportunity according to seniority status to apply for any secretarial positions that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etcbecome available during this period., and these
f. Appointment to such vacancies shall be taken into consideration in determining based on merit and specific qualifications for each vacancy as determined by the number of available teacher positions administrator involved and the Superintendent for the following yearCurriculum and Instruction. The Board Such determination shall determine a RIF is necessary only if the money projected not be subject to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teachingarbitration.
C. Educational Program
1. If g. An employee shall have the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year right to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply refuse re-employment for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional longer or shorter work year (1) providing that the without jeopardizing his/her layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absencestatus.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionWhen the Board determines that it shall implement a reduction in force, the following shall apply consistent with R.C. 3319.17(D):
1. There are five (5) basic steps Before implementing a reduction in force, the Superintendent or designee shall give written notice to the Association President of the Board’s intent to affect a reduction in force. These occur The Association shall be given the opportunity to address the Board in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month an open meeting during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingmeeting for presenting, both orally and in writing, its views on the proposed reduction in force.
2. The Board shall determine proceed to abolish positions and suspend contracts in accordance with the necessity for recommendations of the Superintendent pursuant to R.C. 3319.17(C). Affected unit members shall be given written notice thirty (30) days prior to Board action of the Board's intent to implement a RIF and its extent at least reduction in force no later than the first day of June. Within each area of certification/licensure affected by the regularly scheduled meeting reduction in April. At that timeforce, the seniority lists referred to in Section X-D-1 will contracts shall be made available by the Superintendent's Office. One copy will be sent suspended pursuant to the Association recommendations of the Superintendent and copies will be available to any teacher who requests onein accordance with R.C. 3319.17.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies An reduction in force shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine implemented at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs end of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional work year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotonly.
4. For each position that will be reducedA unit member who is certified/licensed in multiple areas and whose contract has been suspended may elect to replace or "bump" another unit member with a lower evaluation rating in an area of certification/licensure unaffected by the reduction in force, or if the other unit member in an unaffected area of certification/licensure has a comparable evaluation rating, the teacher with unit member may be bumped if the unit member has less seniority. The unit member "bumped" must have the lowest evaluation rating and be the least seniority senior unit member in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined belowunaffected area of certification/licensure.
5. A teacher who by seniority is being considered for RIF Unit members whose contracts have been suspended shall be determined to be necessary placed on a recall list. Unit members employed under continuing contracts at the time of contract suspension may remain on the recall list for a period of five (5) years. Unit members employed under limited contracts at the educational program time of contract suspension may remain on the next year, if that teacher during recall list for a period of thirty-six (36) months after the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowcontract suspension.
6. A teacher unit member whose name appears on the recall list shall be recalled when a position becomes available for which the unit member is qualified certified/licensed (excluding temporary certifications/licensures). Within a given area of certification/licensure, such offers are to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies be made in the appropriate state, or federal requirements and either has reverse order of reduction in force. No new unit members may be employed by the equivalent of a major, or a minor appropriate Board while there are unit members on the recall list who are certified/licensed (excluding temporary certifications/licensures) for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to opening in question. Unit members who have acquired a new area of certification/licensure after having their contract suspended shall be considered/interviewed for any vacancy not filled by recall in the area of certification/licensure they acquired after their contract was suspended.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent The Board shall give written notice of an offer of recall by sending a registered or certified letter to said unit member at the unit member’s last known address. It shall be the responsibility of each unit member to notify the Board of any change in address. The unit member’s address, as it appears on the Board's records, shall be conclusive when used in connection with an offer or other notice to those teachers who will be non-renewedthe unit member. This notice If a unit member fails to accept the offer of recall in writing within fifteen (15) calendar days (excluding Saturdays, Sundays, and holidays) or within five (5) days (if the offer is delivered within ten (10) days prior to the start of a school year or semester) from the date said offer is delivered at the last known address of the unit member, said unit member shall be given early enough considered to allow have rejected said offer and shall be removed from the appeals procedure recall list. No unit member whose continuing contract has been suspended shall be removed from the recall list by reason of having declined recall to take place before May 15a position requiring a lesser percentage of full-time employment than the position the unit member last held while employed in the District.
8. A unit member on the recall list upon accepting an offer shall return to the system with the same seniority, accumulation of sick leave days, and salary schedule placement as the unit member had at the time of contract suspension.
9. After being removed from the recall list, a unit member must make application for employment in accordance with established procedures if the unit member so desires to be considered for re- employment by the Board.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionWhen the Board finds it necessary, in its sole discretion, to reduce the number of certified full and/or part time positions for reasons of declining enrollments, budget reductions, change in or consolidation of Board authorized programs, or for any other reason determined necessary or desirable by the Board, the following factors will be utilized to determine which personnel will be laid off:
1. There are five (5) basic steps in a 7.1 The Board will make every reasonable effort to minimize the effects of any reduction in force. These occur in logical force on current staff by absorbing as many positions as possible through attrition (retirement, voluntary transfer, resignation, and temporal order as listed below. In order to carry out all contract refusal).
7.2 The Principal shall contact the representatives of the steps in a timely fashionAssociation to make arrangements for the Association and the School Board to meet and discuss the considered reduction.
7.3 In determining the employee(s) to be laid off and/or reduced, the District agrees to hold two (2) regularly scheduled Board meetings a month during March following considerations shall be made:
a. Certification and April, if necessary, and a least one (1) regularly scheduled meeting “highly qualified” status in April before April 15the instructional positions being retained shall be considered first.
B. Necessity and Extentb. These factors being equal, seniority shall be considered first. Those with the fewest years of unbroken service shall be laid off first. However, the Board will also consider the impact of reducing academic positions on student achievement first.
1. The Superintendent may recommend c. Bargaining unit members with less than three (3) years of service will be the first laid off.
7.4 Bargaining unit members to be laid off and/or reduced shall be notified on or before March 31st of the school year prior to that in which the reduction will occur.
7.5 Employees that have been let go due to a reduction in force (RIF) to the Board. If such shall be placed on a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity recall list for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number period of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may Bargaining unit members shall be extended recalled in reverse order, assuming they meet the certification and “highly qualified” status required for an additional year the open position. It is the bargaining unit member’s responsibility to keep their contact information current with the SAU office.
7.5.1 Once contacted, bargaining unit members shall have fourteen (114) providing that days to respond to the layoff conditions remainoffer. Such educators will have the same right to All bargaining unit members being recalled shall return to work as a certified employee returning from a leave the school district without losing their previous years of absenceexperience credit.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. When by reason of district-wide decreased enrollment of pupils occurring during the term of this contract, return to duty of regular teachers after leaves of absence, or by reason of suspension of school or territorial changes affecting the district, or for financial reasons affecting the district, the Board of Education determines that it will be necessary to reduce the number of teachers, it may affect a reduction in force.
A. IntroductionIn making the reduction, the Board of Education shall act to suspend contracts upon the recommendation of the Superintendent in accordance with all applicable provisions of this collective bargaining agreement.
1. There All teachers will be placed on a seniority list for each teaching field for which they are properly certificated. Teachers serving under the continuing contracts will be placed at the top of the list, in descending order of seniority. Teachers serving under limited contracts will be placed on the list below continuing contract teachers, also in descending order of seniority.
2. Seniority for the purpose of RIF shall be determined in accordance with the provisions of Article 24 of this Agreement.
3. Recommendations for reductions in a teaching field will be made by selecting the lowest person on the seniority list of that area of certification who is currently assigned to a position in that teaching field. If said teacher holds certification in another area(s) where he/she holds greater seniority than the teacher(s) currently employed, he/she may bump into that area in accordance with certification regulations. Prior to action by the Board to suspend contracts, the following steps will be taken:
a. At least forty-five (45) calendar days before the action, the Board shall notify the Association, by written notice of its president, of the intent to effect a reduction in force through suspension of contracts and reasons for such action.
b. At least thirty (30) calendar days before the action, the Association President shall be provided with a list of specific positions to be eliminated and a list of specific employees to be affected by the reduction in force.
c. At least thirty (30) calendar days before this action, the Board shall give written notice to those teachers, whose contracts will be suspended, of its intent to reduce the number of teachers.
B. Teachers whose limited contracts are suspended shall have their names placed on a recall list for up to thirty-six (36) months from the time of reduction. Teachers whose continuing contracts are suspended shall have their names placed on a recall list indefinitely. Teachers on the recall list will have the following rights and protections:
1. No new teachers will be employed by the Board while there are teachers on the recall list who are certificated for the position in question.
2. A teacher on the recall list shall be offered a place on the substitute teacher list. Substitute position assignments shall be offered to teachers on the recall list in order of seniority and in compliance with necessary certification requirements. The most senior teacher eligible shall be offered the longest substitute position available. When the anticipated length of a long term position is for four (4) weeks or more, teachers accepting such assignments will be ineligible for other positions until the long term assignment ends. A teacher may choose not to accept a long term substitute assignment without adverse consequences.
3. A teacher whose name appears on the recall list shall be offered reemployment under a limited contract to a position for which he/she is certified whenever a vacancy occurs through retirement, resignation, death, termination of contract, creation of position, or Board approved unpaid leave of absence for a school semester or more.
4. Teachers on the recall list will be recalled to positions for which they are certificated in the order of seniority at the time of reduction.
5. If a vacancy occurs, the Board shall send certified announcement of the offer to reemployment to the last address on file in the Treasurer's office. If a teacher fails to accept the offer of reemployment within fifteen (15) calendar days or within five (5) basic steps in calendar days if the offer is delivered within ten (10) business days prior to the start of a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all school year or during a school year, from date said offer is delivered at the file address of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of yearsteacher, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given considered to have rejected the greater seniority. If there is still a tie, it offer and shall be broken by lot.
4. For each position that will be reduced, removed from the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowrecall list.
6. A If a teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and on the recall list accepts employment for a categorical programfull school year with another school district, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to shall notify the Superintendent immediately and shall be consideredremoved from the recall list.
7. Once A teacher removed from the Superintendent has determined recall list, except by recall to employment, must make application for employment in accordance with established procedure if he/she desires to be considered for employment by the educational staff for Conneaut Area City School District.
8. A teacher on the next yearrecall list shall, upon accepting an offer of reemployment, return to the Superintendent shall give notice to those teachers who will be system with the same seniority, accumulation of sick leave, and salary schedule placement as the teacher would have received in the year following the suspension of contract.
9. No current, non-renewed. This notice bargaining unit employees shall be given early enough assigned to allow fill a bargaining unit position while an eligible employee remains on layoff status.
10. A teacher on the appeals procedure recall list shall have the unchallenged right to take place before May unemployment compensation benefits when that teacher has not been offered a position in the bargaining unit equal in hours to the position held prior to being laid off and within the employee's certification.
11. No transfer, reassignment, or reclassification shall be made during a period of RIF that prevents the recall of an employee on layoff status.
12. A teacher on the recall list shall have the right to all insurance benefits for a period of twenty-four (24) months providing the employee meets the eligibility requirements set forth by the carrier. The employee must pay the full cost of the premium fifteen (15) calendar days prior to the due date.
C. The recall list shall be made available to the Association president and to each building principal.
D. Reductions made by suspension of teacher limited contracts shall be implemented in accordance with provisions of Section 3319.17 of the Ohio Revised Code and this Agreement.
Appears in 1 contract
Samples: Master Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps In making any such reduction, the school board shall proceed to suspend contracts in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all accordance with the recommendation of the steps in a timely fashionsuperintendent of schools who shall, the District agrees within each teaching field affected, give preference to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in Marchteachers on continuing contracts. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available not give preference to any teacher based on seniority, except when making a decision between teachers who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1have comparable evaluations. If the Board has determined that RIF is necessarydetermines it necessary to reduce the number of teaching positions under ORC 3319.17, the Superintendent following procedures shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actionsapply:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If Reductions shall be made by suspending contracts based upon the Board has determined a RIF is necessary and if superintendent’s recommendation. The superintendent will notify the Board has established an educational program for BEA president in writing as well as the affected staff member(s) sixty (60) calendar days prior to the effective date of the contract suspension. In the event of comparable evaluations then the following yearprocedures shall apply. Those contracts to be suspended will be chosen as follows:
a. All certified/licensed staff members will be placed on a seniority list for each teaching field for which they are properly certified/licensed. Teachers serving under continuing contracts, or who have met the Superintendent shall apply requirements for a continuing contract will be placed at the provisions top of this section to determine the educational staff for list, in descending order of seniority. Teachers serving under limited contracts will be placed on the following yearlist under continuing contract teachers, also in descending order of seniority.
2. The District b. Seniority will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number length of years continuous service as a teacher has taught certified/licensed employee in public or private educationthe district.
i. Board approved leaves of absences will not interrupt seniority, grade P-12, as reflected but time spent on the S-275 Form, or SPI recordssuch a leave shall not count toward seniority.
ii. In case If two (2) or more teachers have taught the same length of continuous service, seniority will be determined by: • the date of the Board meeting at which the teacher was hired, and then, • by the date that the teacher signed the original contract. If no dates appear in item a) and a number of yearsemployees have the same date of hire, those who failed to date their original contract will become the teacher with the most number person of hours toward horizontal placement on the District salary schedule shall be given the greater least seniority. If there more than one person is still involved because of lack of dates, a tie, it shall lottery system will be broken by lotutilized to determine seniority.
4. For each position that c. Recommended reductions in a teaching field will be reduced, made by selecting the teacher with lowest person on the least seniority list for that area of certification/licensure who is currently assigned to a position in that department shall teaching field. A teacher so affected may elect to displace a teacher who holds a lower position on a seniority list for another area of certification/licensure provided he/she is properly certified/licensed in that area. Xxxx displaced teacher may elect to displace another teacher on the same basis, and so on. Any such election must be non-renewed unless at the time the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who notified he/she will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15affected.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionReduction in Staff
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of This article applies only if the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend determines that a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingnecessary.
2. The Board shall determine When the necessity for District determines that a RIF and its extent at least by the regularly scheduled meeting reduction in April. At that timeforce is necessary, the seniority lists referred to District shall immediately notify in Section X-D-1 will be made available by writing the Superintendent's Office. One copy will be sent to educator(s) involved and the Association and copies will consult with the Association president as soon as possible before the contemplated layoff. The notice shall include the specific position(s) to be affected, the proposed time schedule and the reasons for the proposed action, assuming this information is available to any teacher who requests onewhen the notice is given or as soon as possible thereafter.
3. Before that decision is madeThis article shall apply to all releases, the layoffs or terminations for non-personal reasons, such as an actual or prospective reduction in staff, inability to provide funds, administrative adjustment or reorganization, elimination of courses or programs, or other reasons non-personal to any bargaining unit member.
4. Educators who are laid off under this article shall hereinafter be referred to as "laid-off educators."
5. The District shall determinedetermine that a reduction in force is necessary. However, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies all such actions taken shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teachingaccordance with Oregon Law and this article.
C. Educational Program
16. If the Board has determined that RIF District determines a reduction in force is necessary, it shall provide the Superintendent Association with a current seniority list. Seniority shall recommend be defined as the content length of continuous service dating from the educational program first day of actual service as an educator from the following year to most recent date of hire into the Board at a Special Meeting scheduled later in AprilDistrict, inclusive of all leaves of absences. The Board shall determine at Ties for position on the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be preparedbroken by drawing lots in the presence of District and Association designees.
7. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule The following criteria shall be given the greater seniority. If there is still a tie, it applied in determining which educators will be retained:
a. The educator shall be broken by lotproperly licensed to teach the curriculum area or grade level(s) of the program being retained at the time of the notice of layoff.
4. For each position that will be reduced, the teacher with the least seniority in that department b. Seniority shall be non-renewed unless applied in reverse order of hire—the teacher is determined to last one hired shall be necessary to laid off first.
c. At the educational program for option of the following year District, merit and competence as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to Oregon Law may also be considered.
78. Once the Superintendent has determined the educational staff Specialists whose positions are discontinued and who are appropriately licensed shall be considered as classroom educators for the next yearpurposes of seniority.
9. The District shall make every reasonable effort to transfer educators of courses scheduled for discontinuance to other teaching positions for which they are licensed, pursuant to Oregon Law.
10. If the District desires to retain an educator with less seniority than an educator being released under this section, the Superintendent educator being retained shall give notice have more competence or merit than the educator with more seniority who is being released. The burden of proof shall rest with the District to those teachers show that the educator being retained shall have more competence or merit than any educator with more seniority who will be non-renewedis being released. This notice The District shall consider the performance of teaching responsibilities and skills as indicated in the educator's personnel file.
11. Educators who are on leave of absence shall be given early enough subject to allow the appeals procedure same criteria as all other educators and, for the purposes of reduction in force, shall be deemed to take place before May 15hold active teaching status.
12. The District shall provide laid-off educators as follows:
a. Fringe benefits as established in this Agreement for a maximum of sixty (60) days following the layoff date.
b. The District shall have no obligation to provide these fringe benefits to a laid-off educator who secures employment as an educator in another district. If an educator secures employment outside the field of education and receives fringe benefits from the new employer, fringe benefits paid by the District shall not be required to duplicate those paid by the other employer.
c. Educators may continue group rate insurance coverage at their own expense following the termination of the District-provided benefits for the duration of the recall period.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionReduction in Force (RIF) may be necessary because of decreased enrollment of pupils, changes in curriculum, changes in the use of personnel, lack of funds, return to duty of regular personnel after leaves of absence, suspension of schools or territorial changes affecting the District. For purposes of this Article, decreased enrollment of pupils shall include consideration of subject-area enrollment as well as district-wide enrollment. Decreased enrollment of pupils shall also take into account declining enrollment over the five-year period immediately preceding the RIF, and thus is not limited to declining enrollment in the current or previous year. Length of continuous service shall not be interrupted by authorized leaves of absence.
1B. Where known and where possible, the number of persons affected by a RIF will be kept to a minimum insofar as is practicable by not replacing members who retire or resign. There When RIFs are necessary, county employees within the classifications affected will be reduced prior to members.
C. Vacancies created by members who retire, resign, or are on leave of absence when such vacancies are not filled, do not constitute a reduction in force.
D. Seniority shall be determined by placing all members on a seniority list by job classification as set forth in Article XXII. Bumping of positions shall be by seniority within classifications. Members who have previous experience in other classifications may also hold seniority in that classification if the previously held position was worked within the previous five (5) basic steps in years. Seniority lists shall be revised at least annually, and no later than December 1 of each school year; and a reduction in force. These occur in logical and temporal order as listed below. In order copy of each revision shall be provided to carry out all the president of the steps in a timely fashion, the District agrees to hold two Association within thirty (230) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Boarddays of its completion. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers members on any seniority list shall have taught the same length of continuous service, seniority shall be determined by:
a. The date of the Board meeting at which the member was hired; and then by
b. Last digit of the social security number (the lowest last number of yearsthe social security number shall have the lowest seniority). Length of continuous service shall not be interrupted by authorized leaves of absence. Seniority shall be lost when a member leaves the bargaining unit for any reason other than RIF or an approved leave of absence. Seniority shall not accrue on an approved leave of absence.
E. Members selected for workforce reduction shall be placed on a "RIF List" in descending order of seniority. As positions or vacancies become available, the teacher with the most number those members shall be recalled to employment in descending order of hours toward horizontal placement on the District salary schedule seniority (last in first out). Notice of recall shall be given by telephone and registered mail to the greater senioritylast telephone number and last address given by the member to the Board. If there is still a tie, it It shall be broken by lot.
4the responsibility of the member to keep the Board advised in writing of a telephone number and mailing address at which he/she can be reached. For each position Each member shall remain on the RIF List for two (2) full school years, provided that will be reduced, the teacher with the least seniority in that department rights herein granted to a member shall be non-renewed unless forfeited by the teacher is determined to be necessary to the educational program for the following year as defined below.member should he/she:
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included (1) waive his/her recall rights in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three writing; (2) resign; (3) years counting the current school year, unless the teacher specifically requests not fail to be considered.
7. Once the Superintendent accept recall as provided for herein; or (4) fail to report to work in a position that he/she has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.accepted within ten
Appears in 1 contract
Samples: Negotiated Agreement
REDUCTION IN FORCE. 5.04.01 Reductions-in-force may be made in the event that a reduction becomes necessary as a result of the following:
A. Introductiondecreased enrollment of pupils;
B. return to duty of regular employees after leaves of absence;
C. suspension of schools;
D. territorial changes affecting the District; and/or E. financial reasons.
5.04.02 When the need for a staff reduction is deemed necessary, the following procedures shall be followed:
A. Prior to proceeding with an anticipated staff reduction, the Association President shall be notified by the Superintendent of the Board's intent to consider a staff reduction. A meeting shall be held between representatives of the Association and representatives of the Board to review appropriate data indicating a need for a reduction in staff. The parties shall discuss why the reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and the possible effects of said reduction.
B. Seniority will be defined as length of continuous service as a certificated employee under a regular full-time contract in the District.
C. Any reduction in employees will first be accomplished through attrition if possible to do so; i.e., the number of persons affected by a reduction in staff will be kept to a minimum by not employing replacements for employees who retire or resign or by not replacing employees who are non-renewed in accordance with the provisions of 5.01 above.
D. If further reductions are necessary, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools who shall recommend suspensions of contracts in a teaching field by giving preference to teachers on continuing contracts. The personnel records and all future references of employees whose contracts are suspended pursuant to this provision shall clearly indicate that such was due to a reduction-in-force and not due to unsatisfactory performance.
E. The names of employees whose contracts were suspended by reduction-in-force shall be placed on a recall list. Restoration rights for those employees whose limited contracts were suspended shall continue through the next three (3) full school years. Restoration rights for those employees with continuing contracts shall continue until the employee is returned to a teaching position.
1. There No new employees will be employed by the Board while there are five (5employees on the recall list who are certified for the vacancy and in the case of employees who were serving under limited contracts have either: a) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made taught for at least by sixty (60) days in the regularly scheduled Board meeting area of certification in March. The Board shall take no action on which the RIF and shall invite vacancy exists during the Association to make a recommendation at six (6) years preceding the next regularly scheduled meetingreduction; or b) taken an academic refresher course in the area of certification during the preceding six (6) calendar years.
2. The Board shall determine Employees on the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 recall list will be made available by recalled in the Superintendent's Office. One copy will be sent to order of layoff for vacancies in the Association and copies will be available to any teacher who requests oneareas for which they are certified.
3. Before that decision is madeIf a vacancy occurs, the District shall determineBoard will mail, as accurately as possibleCertified Mail, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, dischargereturn receipt requested, or non-renewal, etc., deliver a letter to the last known address of all employees on the recall list who are qualified according to the above provisions based on the information available to the Board and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available filed in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1employee’s personnel file. If the letter is delivered, a receipt for such delivery must be secured (a copy of such letter and receipt for delivery shall be placed in the employee’s personnel file). It is the employee’s responsibility to keep the Board has determined that RIF is necessary, informed of his/her current address. All employees are required to respond in writing to the Superintendent shall recommend the content District office within ten (10) calendar days after receipt of the educational program of the following year to the Board at a Special Meeting scheduled later in Aprilletter. The Board shall determine at most senior of those timely responding will be given the meeting the educational program for the following yearvacant position(s). Both the Superintendent and the Board shall consider the following factors in their actions:
aAny employee who fails to respond within such ten (10) The program needs calendar days after delivery of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1a letter or who declines to accept a position which is offered, will forfeit all future recall rights. If the Board has determined a RIF is necessary and if certified letter sent by the Board has established to an educational program for employee is returned undelivered by the following yearU.S. Post Office to the Board, the Superintendent employee shall apply the provisions of not lose future recall rights under this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotpolicy.
4. For each position that will be reducedAn employee on the recall list will, upon acceptance of notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as he/she enjoyed at the time of layoff.
F. During the restoration period, the teacher with the least seniority in that department employee shall be non-renewed unless eligible to have his/her insurance coverage continued for up to eighteen (18) months, provided the teacher is determined to be necessary employee pays the premium.
G. The parties agree that these procedures apply only to the educational program suspension of contracts for the following year reasons listed under Ohio Revised Code §3319.17 or for financial reasons as defined below.
5above. A teacher who by seniority is being considered for RIF This Article shall be determined not require the Board to be necessary for the educational program of the next yearfill any vacancy, if that teacher during the current year teaches a class that is included nor shall it interfere with any other lawful personnel procedures in the next year's educational program that no other teachers in the District is qualified to teach as defined belowDistrict.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five A reasonable (5i.e., non-arbitrary and non-capricious) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least employees may be made only when one (1) regularly scheduled meeting or more of the following conditions exist:
a. Decreased pupil enrollment;
b. Return to duty of regular teachers after leave of absence (in April before April 15such a case, the notice provisions appearing in paragraph 1 below shall not apply);
c. Suspension of schools
d. Territorial changes affecting the District;
e. Financial reasons.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to On or before May 1 preceding an anticipated staff reduction, the Association President shall be notified of the Board’s intent to consider a staff reduction. If such A meeting shall be held between representatives of the Association and the Superintendent to review appropriate data indicating a recommendation is made it must be made at least by the regularly scheduled Board meeting in Marchneed for a reduction. The Board Association shall take no action on be informed as to why the RIF reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and shall invite the Association to make will be provided with a recommendation at the next regularly scheduled meetingseniority list of all employees.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be preparedprepared by listing all teachers according to continuous service in the District within all areas of certification/licensure. Seniority Those on continuing contracts shall be listed first according to continuous service in the District; then those on limited contracts shall be listed by continuous service in the District. The list shall include the date of initial employment (continuous) for each employee. An employee who actually works at least one hundred twenty (120) days within a given school year, irrespective of whether such service is defined as the number full-time or part-time, will receive a full year of years seniority credit; an employee who actually works fewer than one hundred twenty (120) days within a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI recordsgiven school year will receive no seniority credit for that year. In case If two (2) or more teachers have taught the same number length of yearscontinuous service, seniority shall be determined by:
a. The date of the Board meeting at which the teacher with was hired, and then by,
b. The date the most number of hours toward horizontal placement on teacher signed his/her initial limited contract in the District salary schedule shall be given the greater seniority. District.
c. If there is still a tieany ties remain after a) and b), it shall they will be broken by lot.
3. To the extent possible, the number of teachers affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign, or whose limited contracts are non- renewed. It is recognized, however, that attrition alone may not be sufficient to accomplish necessary reductions.
4. For each position that Reductions needed beyond those covered by attrition will be reducedmade only by suspending contracts. The Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. In determining whether evaluations are comparable for purposes of this Article, the Board will look only at the teacher performance rubric (and not the student growth component) of any OTES evaluation until at least three (3) full years of student growth data are available, with the least seniority in that department 2014-15 school year constituting the first of the three (3) years. In addition, teachers who received an overall rating of Accomplished or Skilled on the teacher performance rubric of their most recent evaluation will be deemed to have comparable evaluations for purposes of this Article. A teacher whose contract is suspended, as a result of staff reduction, shall be non-renewed unless given written notification no later than June 1 of the teacher year the reduction is determined to be necessary to implemented. The notification shall state the educational program reason(s) for the following year as defined belowreduction and reason(s) for the selection of said teacher.
5. A teacher who Teachers whose continuing contracts are suspended shall have the right of restoration to continuing service status in the reverse order of layoff (except as otherwise required by seniority is being considered for RIF shall be determined to be necessary for the educational program Section 3319.17 of the next yearOhio Revised Code), if that and when teaching positions become vacant or are created for which any of such teacher during the current year teaches a class that is included are or become qualified. After restoration of teachers with continuing contract, those on limited contracts shall also be restored in the manner described above. Restoration rights for teachers whose limited contracts were suspended shall commence upon the effective date of the suspension and shall continue through the next year's educational program that no other two (2) full school years. Where group insurance policies permit, a teacher on the recall list who is unemployed and does not otherwise have group coverage available may continue to participate in those benefits which are provided to teachers in the District is qualified to teach as defined belowactive employment provided.
6. No new teacher will be employed while there are teachers on the recall list who are qualified in the teaching area in which a vacancy exists. When a vacancy occurs, the Board shall send a certified announcement to the last known address of teachers on the recall list who are qualified to fill the vacancy. It is the teacher’s responsibility to keep the Board informed of his/her current address. Any teacher who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. A teacher is qualified on the recall list shall, upon acceptance of the notification to teach a classresume active employment status, or elementary gradereturn to active employment status with the same seniority, or a categorical program if that teacher has an appropriate teacher certificateaccumulation of sick leave, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified salary schedule placement as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredenjoyed at the time of layoff.
7. Once The Administration will provide letters of recommendation for teachers affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon the Superintendent has determined request of the educational staff for the next year, the Superintendent teacher. The personnel records and all references of teachers laid off as part of a reduction in force shall give notice clearly indicate that such was due to those teachers who will be non-renewed. This notice shall be given early enough a reduction in force and was not due to allow the appeals procedure to take place before May 15unsatisfactory performance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. If the Board determines it necessary to reduce the number of bargaining unit positions for any of the reasons provided for in ORC §3319.17, or for financial reasons, the Board of Education shall proceed with such reduction in the following manner.
A. IntroductionIf the Board determines a RIF may occur, it will notify the Association president in writing thirty (30) days prior to the date the RIF may be implemented.
B. The Board will develop and provide to the Association president a RIF list of potentially affected teachers.
C. Representatives of the Board will be available to meet with representatives of the Association to review the proposed RIF.
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all All members of the steps bargaining unit will be placed on a seniority list for each teaching field for which they are properly certificated/licensed. Teachers serving under continuing contracts will be placed at the top of the list, in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1descending order of seniority. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must Teachers serving under limited contracts will be made at least by the regularly scheduled Board meeting in March. The Board shall take no action placed on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetinglist under continuing contract teachers, also in descending order of seniority.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 Seniority will be made available by defined as the Superintendent's Office. One copy will be sent to length of continuous service in the Association and copies will be available to any teacher who requests oneBucyrus City School District.
3. Before that decision is madea. Board approved leaves of absence will not interrupt seniority, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for but time spent on such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absencenot count towards seniority.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case b. If two (2) or more teachers have taught the same number length of yearscontinuous service, seniority will be determined by:
(1) the date of the Board meeting at which the teacher with was hired; and then by
(2) the most number date the teacher signed his/her initial employment contract in the district; and then by
(3) Date of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall Application
(4) any remaining ties will be broken by lot.
3. The Board shall accomplish any necessary reductions in staff through attrition (i.e. retirement, voluntary resignation, etc.), before any suspension of contracts.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to Should it be necessary to suspend contracts to achieve the educational program for the following year necessary reduction in staff, limited contract teachers shall be reduced first as follows:
a. Comparable evaluations as defined belowin this Agreement.
b. When evaluations are comparable, seniority in the District shall prevail, with the contract of the least senior limited contract teacher in the affected teaching field the first to be suspended.
5. A teacher who by seniority is being considered for RIF shall be determined to be Should the necessary for reduction of staff exceed the educational program number of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other limited contract teachers in the District is qualified to teach affected field, then continuing contract teachers shall be reduced as follows:
a. Comparable evaluations as defined belowin this Agreement.
b. When evaluations are comparable, seniority in the District shall prevail, with the contract of the least senior continuing contract teacher in the affected teaching field the first to be suspended.
6. Except as set forth in subsection (a) below, in determining comparable evaluations, a teacher’s best evaluation over the last two years shall be utilized. Comparable evaluations shall be defined as follows:
a. All teachers who were rated “Ineffective” for the last two (2) consecutive years shall be deemed comparable to one another;
b. All teachers rated “Ineffective” will be deemed comparable to one another;
c. All teachers rated “Developing” or “Skilled” will be deemed comparable to one another, unless no effected teacher is rated “Developing”, in which case move on to subsection (d); and,
d. All teachers rated “Accomplished” or “Skilled” will be deemed comparable to one another.
D. The names of teachers whose contracts are suspended in a reduction in force will be placed on a recall list for twenty-eight (28) months from the date of the reduction.
E. Teachers on the recall list will have the following rights:
1. No new teachers will be employed by the Board while there are teachers on the recall list who are certificated/licensed for the vacancies.
2. Teacher on the recall list will be recalled in inverse order of their layoff for vacancies in areas for which they are certified/licensed.
3. If a vacancy occurs, the Board will send a certified announcement to the last known address of all teachers on the recall list who are qualified according to those provisions. It is the teacher’s responsibility to keep the Board informed of his/her current address. All teachers are required to respond in writing to the district office within seven (7) calendar days. The most senior of those responding will be given the vacant position. Any teacher who declines to accept the position will forfeit all recall rights. If a teacher receives notification and fails to respond within seven (7) calendar days of receipt, he/she will forfeit all recall rights. If the Board makes reasonable attempts to notify a teacher of a vacancy, but notice is not received so that the individual is unable to respond within seven (7) calendar days, he/she will forfeit recall rights to the position but will remain on the recall list.
4. A teacher on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave and salary schedule placement as he/she enjoyed at the time of the layoff; however, if a returning teacher is qualified legally entitled to teach a classstep increase, or elementary gradeit shall be granted. However, or seniority shall not be the basis for recalling a categorical program if that teacher has an appropriate teacher certificateteacher, and for except when making a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to decision between teachers who have comparable evaluations. Comparable evaluations shall be considereddefined above.
7. Once F. The parties agree that these procedures apply only to the Superintendent has determined the educational staff suspension of contracts under 3319.17 or for the next year, the Superintendent shall give notice to those teachers who will be non-renewedfinancial reasons. This notice article shall be given early enough not require the Board of Education to allow fill any vacancies, nor shall it interfere with any other lawful professional procedures in the appeals procedure to take place before May 15district.
Appears in 1 contract
Samples: Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionIn the event it becomes necessary to terminate or reduce the hours of an employee due to economic cause, declining enrollment or reorganization, the following procedure will apply:
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of A determination by the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend Committee that a reduction in force (RIF) to the Board. If such a recommendation is made it must shall be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingmade.
2. The Board Committee shall determine be the necessity for a RIF and its sole judge of the numerical extent at least by of the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests onereduction.
3. Before that decision is madeThe Administration will determine which subject, the District shall determinegrade level, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, dischargeposition, or non-renewal, etcareas will be affected., and these vacancies shall be taken into consideration in determining
4. The Administration will determine the number of available hours a teacher positions for would work pursuant to this Article.
a. That teachers employed at the following year. The Board discretion of the Committee shall determine a RIF is necessary only if have the money projected to be available in protection accorded them by the General Fund Laws, when and if applicable; and
b. Any professional employee whose position is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Programeliminated shall:
1. If the Board has determined that RIF Be transferred to an open position for which he/she is necessarycertified or if this is not possible, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.then;
2. The District will provide Replace an announcement to employee with lower seniority teaching in any position for which the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified more senior employee returning from a leave of absenceis certified.
3. One seniority list shall be prepared5. Seniority is defined as the number measured in terms of years a teacher has taught teacher’s length of continuous service in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, months, and days from their last date of employment by the School Committee. Teachers shall be credited for Seniority purposes with all time spent on any leave of absence provided for in this Agreement.
6. Cases of identical seniority shall be resolved by granting preference to the teacher with the most number highest academic degree as of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program October 1st of the next current academic year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once The Superintendent will provide a seniority list of teachers, in writing, annually to the Association. The list shall be made available to the Association within forty-five (45) days of the execution of the Agreement and updated annually thereafter. Challenges to the list must be made, in writing, to the Superintendent has determined within fifteen (15) days after the educational staff said list is received by the Association. If there are no challenges, the list shall stand for the full school year and the next yearannual list is established.
8. When layoff action occurs, the Superintendent Association shall give be notified, in writing, of all the teachers on layoff.
9. The Association shall be notified, in writing, within ten (10) days, of all the open positions as they occur and of any recall action taken by the District. In applying the criteria set forth in this article, the School Committee will not act in an arbitrary or capricious manner nor without sound basis in fact for their decision. Teachers who are to be affected by a reduction in staff must be notified in writing. Said notice shall include the reason for the layoff. Teachers who have been laid off under the provision of this paragraph shall be entitled recall tights for a period of one and half (1.5) years or eighteen (18) months ending with January 1 of the second year. During the recall period, teachers shall be notified by certified mail to those their last address of record, and given preference for positions for which they are qualified and certified in which the position is to become available. As positions develop, teachers will be hired back taking into consideration the qualifications of the teacher, past evaluations, and the needs of the school. All benefits to which teacher was entitled at time of layoff shall be restored upon re-employment within the recall period. During the recall period, teachers who will be non-renewed. This notice have been laid off shall be given early enough consideration substitute work for which they are qualified and certified at substitute pay, if they so desire. Except for the method of layoffs of employees covered by this Article, nothing contained in the article shall in any way limit or restrict the School Committee in the exercise of its rights and responsibilities under Chapter 71 or any other applicable section of the General Laws of Massachusetts including but not limited to allow the appeals procedure right to take place before May 15dismiss, layoff, or otherwise terminate the services of a teacher serving or not serving at the discretion of the Committee in accordance with Chapter 71 or any other applicable statue of the General Laws.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and ExtentSeniority
1. The Superintendent may recommend a reduction in force (RIF) Board shall reduce staff through the issuance of honorable discharges pursuant to the BoardSection 24-11 and 24-12 of The School Code. If such a recommendation is made it must Teachers honorably discharged who shall subsequently be made at least rehired by the regularly scheduled Board meeting in March. The Board shall take no action on be credited with all past experience previously acknowledged by the RIF District and shall invite the Association be credited with any sick leave they had accumulated prior to make a recommendation at the next regularly scheduled meetingsuch discharge.
2. The In the event it becomes necessary to reduce the number of teachers for economic reasons or because of reduction or elimination of programs, the Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent all respects adhere to the Association procedures and copies will be available to any teacher who requests onecriteria governing such dismissals which are set forth in The School Code.
3. Before that decision is made, The Joint Honorable Dismissal Committee will yearly assess the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1overall summative scores. If the Board has determined Committee finds that RIF is necessarya downward trend exists by majority vote, the Superintendent shall recommend Union may grieve the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program summative scores for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the studentsremedy.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
14. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions For purposes of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators Section, “seniority” and “continued service” shall mean teaching service in the areas where the RIF must occur, offering the opportunity for certified educators that would District uninterrupted by resignation or reemployment. Leaves of absence shall not be otherwise be laid off to voluntarily apply deemed an interruption of service, but a teacher shall not receive a year of seniority credit for a two (2) years any unpaid leave of absence. Any certified educator absence that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two either exceeds one whole semester, or ninety-one (291) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absencedays.
35. One If seniority list of teachers shall be preparedequal, preference shall be determined by the date of Board action to approve the initial contract. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case If seniority between two (2) or more teachers have taught is identical, then the same number of yearsteachers’ respective scheduled salaries shall determine seniority, with the higher(est) paid teacher ranked more senior and so on. If there continues to be a tie, the teacher with the most number greater total length of hours toward horizontal placement on the District salary schedule public school teaching experience shall be given the greater seniorityconsidered more senior. If there is still continues to be a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowshall determine seniority using a transparent lottery method.
6. A Prior to November 1st of each school term, the Administration shall post in the teachers’ lounge a listing of the seniority rank of all tenured teachers in the School District. Each teacher is qualified shall have thirty (30) employment days after posting to teach a class, or elementary grade, or a categorical program if that file written objection to his/her ranking and shall detail the alleged specific error in the ranking. Failure to make such timely objection shall be deemed acceptance of the ranking and the teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate cannot thereafter challenge his/her seniority for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredterm.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionIn the event it becomes necessary for the Superintendent to lay off or reduce the hours of employees for any reason, employees shall be laid off or reduced in inverse order of their seniority by classification provided the remaining employees meet the qualifications to perform the remaining work. All affected employees shall receive a twenty (20) day advance notice of layoff with written reasons, and the Superintendent shall meet with the affected employees and the Association prior to the actual occurrence of layoff.
1B. The affected employee may have the right to displace the least senior employee in their current classification, or in any other bargaining unit classification in which the employee has satisfactorily served as an employee within the District, provided they meet the criteria contained in the job description. There are Written notice of intent to exercise this right must be given to the Superintendent with a copy to the Association within five (5) basic steps in days after an employee is notified that they no longer have a reduction in forceposition. These occur in logical and temporal order as listed below. In order to carry out all of Within five (5) days after the steps in a timely fashionemployee gives such notification, the District agrees Superintendent will notify the less senior employee that the employee is to hold two be displaced.
C. The seniority list shall be brought up to date on October 1 of every year and immediately posted thereafter on bulletin boards for a period of not less than thirty (230) regularly scheduled Board meetings a month during March and April, if necessarydays, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board copy of same shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will President. Any objections to the seniority list, as posted, must be available reported to any teacher who requests onethe Superintendent within fifteen (15) days from the date posted or it shall stand as accepted.
3. Before that decision D. Seniority is made, defined as continuous service with the District shall determine, as accurately as possible, from the total number most recent date of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., permanent hire and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs applies to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teachingemployees’ current job classification.
C. Educational Program
1. If the Board has determined that RIF is necessaryContinuous service shall be broken by voluntary resignation, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following yearquitting, the Superintendent shall apply the provisions of this section to determine the educational staff for the following yearretirement or discharge.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would A bargaining unit member with a work year of less than twelve (12) months shall not be otherwise be laid off considered to voluntarily apply for have suffered a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that break in service during the layoff conditions remain. Such educators will have months which are not included within the same right to return to employee’s work as a certified employee returning from a leave of absenceyear.
3. One seniority list E. Employees shall be prepared. Seniority is defined as recalled from layoff within their classifications according to their seniority, provided the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District employee is qualified to teach as defined belowperform the work. No new employees shall be hired until all employees on layoff status within the classification have been afforded recall notice. The recall period shall be for fifteen (15) months.
6. A teacher is qualified F. The following accrued benefits to teach a class, or elementary grade, or a categorical program if that teacher has which an appropriate teacher certificate, and for a categorical program, satisfies employee was entitled at the appropriate state, or federal requirements and either has time of the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice layoff shall be given early enough restored upon return to allow the appeals procedure to take place before May 15.active service:
1. Accumulated sick leave
2. Seniority status
Appears in 1 contract
REDUCTION IN FORCE. A. IntroductionWhen the Board determines that it shall implement a reduction in force, the following shall apply consistent with R.C. 3319.17(D):
1. There are five (5) basic steps Before implementing a reduction in force, the Superintendent or designee shall give written notice to the Association President of the Board’s intent to affect a reduction in force. These occur The Association shall be given the opportunity to address the Board in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month an open meeting during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingmeeting for presenting, both orally and in writing, its views on the proposed reduction in force.
2. The Board shall determine proceed to abolish positions and suspend contracts in accordance with the necessity for recommendations of the Superintendent pursuant to R.C. 3319.17(C). Affected unit members shall be given written notice thirty (30) days prior to Board action of the Board's intent to implement a RIF and its extent at least reduction in force no later than the first day of June. Within each area of certification/licensure affected by the regularly scheduled meeting reduction in April. At that timeforce, the seniority lists referred to in Section X-D-1 will contracts shall be made available by the Superintendent's Office. One copy will be sent suspended pursuant to the Association recommendations of the Superintendent and copies will be available to any teacher who requests onein accordance with R.C. 3319.17.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies An reduction in force shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine implemented at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs end of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional work year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotonly.
4. For each position that will be reducedA unit member who is certified/licensed in multiple areas and whose contract has been suspended may elect to replace or "bump" another unit member with a lower evaluation rating in an area of certification/licensure unaffected by the reduction in force, or if the other unit member in an unaffected area of certification/licensure has a comparable evaluation rating, the teacher with unit member may be bumped if the unit member has less seniority. The unit member "bumped" must have the lowest evaluation rating and, when unit members have comparable evaluations, be the least seniority senior unit member in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined belowunaffected area of certification/licensure.
5. A teacher who by seniority is being considered for RIF Unit members whose contracts have been suspended shall be determined to be necessary placed on a recall list. Unit members employed under continuing contracts at the time of contract suspension may remain on the recall list for a period of five (5) years. Unit members employed under limited contracts at the educational program time of contract suspension may remain on the next year, if that teacher during recall list for a period of thirty-six (36) months after the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowcontract suspension.
6. A teacher unit member whose name appears on the recall list shall be recalled when a position becomes available for which the unit member is qualified certified/licensed (excluding temporary certifications/licensures). Within a given area of certification/licensure, such offers are to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies be made in the appropriate state, or federal requirements and either has reverse order of reduction in force. No new unit members may be employed by the equivalent of a major, or a minor appropriate Board while there are unit members on the recall list who are certified/licensed (excluding temporary certifications/licensures) for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to opening in question. Unit members who have acquired a new area of certification/licensure after having their contract suspended shall be considered/interviewed for any vacancy not filled by recall in the area of certification/licensure they acquired after their contract was suspended.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent The Board shall give written notice of an offer of recall by sending a registered or certified letter to said unit member at the unit member’s last known address. It shall be the responsibility of each unit member to notify the Board of any change in address. The unit member’s address, as it appears on the Board's records, shall be conclusive when used in connection with an offer or other notice to those teachers who will be non-renewedthe unit member. This notice If a unit member fails to accept the offer of recall in writing within fifteen (15) calendar days (excluding Saturdays, Sundays, and holidays) or within five (5) days (if the offer is delivered within ten (10) days prior to the start of a school year or semester) from the date said offer is delivered at the last known address of the unit member, said unit member shall be given early enough considered to allow have rejected said offer and shall be removed from the appeals procedure recall list. No unit member whose continuing contract has been suspended shall be removed from the recall list by reason of having declined recall to take place before May 15a position requiring a lesser percentage of full-time employment than the position the unit member last held while employed in the District.
8. A unit member on the recall list upon accepting an offer shall return to the system with the same seniority, accumulation of sick leave days, and salary schedule placement as the unit member had at the time of contract suspension.
9. After being removed from the recall list, a unit member must make application for employment in accordance with established procedures if the unit member so desires to be considered for re- employment by the Board.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction 8.01 Reductions in force (RIF) will be governed by R.C. 3319.17 as it is amended from time to time, which as of May 30, 2012 provides as follows: When for any of the Boardlegal reasons allowable, including but not limited to decreased enrollment of pupils in the District or financial problems affecting the District reasons, the Board decides that it will be necessary to reduce the number of employees it employs, it may make reasonable reductions. If In making any such reduction, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent who shall, within each teaching field affected, give preference to employees on continuing contracts. The board shall not give preference to any employee based solely on seniority, except when making a recommendation decision between employees who have comparable evaluations. On a case-by-case basis, in lieu of suspending a contract in whole, the Board may suspend a contract in part, so that an individual is made it must be made at least required to work a percentage of the time the employee otherwise is required to work under the Contract and receive a commensurate percentage of the full compensation the employee otherwise would receive under the Contract. The employees whose continuing contracts are suspended by the regularly scheduled Board meeting pursuant to this Section shall have the right of restoration to continue service status by the Board if and when teaching positions become vacant or are created for which any of such employees are or become qualified. No employee whose continuing contract has been suspended pursuant to this Section shall lose that right of restoration to continue service status by reason of having declined recall to a position that is less than full-time or, if the employee was not employed full-time just prior to suspension of the employee’s continuing contract, to a position requiring a lesser percentage of full-time employment than the position the employee last held while employed in Marchthe District. The Board Seniority shall take no action on the RIF and shall invite the Association to make not be a recommendation at the next regularly scheduled meetingbasis for rehiring a employee, except when making a decision between employees who have comparable evaluations.
2. The Board shall determine 8.02 In the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that timeAdult Education Program, the seniority lists referred to in Section X-D-1 will be made available by Board may reduce the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving it employs because of financial reasons, low pupil enrollment or decreased enrollment of pupils. Notwithstanding the District time limits of this Section, notification of reduction in force for reasons Adult Education employees shall occur not later than two (2) weeks prior to the beginning of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc.the class, and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine actual layoff may occur any time thereafter.
8.03 When a RIF situation is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessaryimminent, the Superintendent shall recommend will notify the content of Association President so the educational program of Association has the following year opportunity to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both make suggestions to the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the studentsabout possible alternatives.
b) The graduation requirements 8.04 After an employee is notified of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following yearRIF, the Superintendent shall apply will notify the provisions of this section to determine the educational staff for the following yearAssociation President.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are For the purpose of this article, seniority is the length of consecutive employment as an employee of the Stoneham School Committee, including time spent on leave of absence authorized by this Agreement or by the School Committee. An employee will lose his/her seniority for the following reasons:
a. He/she terminates his/her employment
b. He/she is discharged
c. He/she is laid off and not recalled within eighteen (18) months
d. He/she takes an unauthorized leave of absence for five (5) basic steps consecutive days Time lost as a result of suspension will not constitute a break in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingseniority but will subtract from it.
2. The If the Committee decides to reduce the number of bargaining unit positions held by persons covered by this contract, such reduction shall be consistent with Massachusetts General Laws Chapter 71, Section 41, as amended, and the regulations of the State Board shall determine of Education appurtenant thereto and this Agreement. If the necessity for a RIF and its extent at least by the regularly scheduled meeting Committee decides that reductions in April. At that timestaff are necessary, the District will attempt to meet its needs first through attrition. A seniority lists referred to in Section X-D-1 list will be made available compiled normally by the Superintendent's OfficeOctober 15 of each school year. One A copy will be sent posted in each school building and a copy will be given to the co-chairpersons and Association and copies president. Persons covered by this contract will have until December 1 to verify existing information. On or before December 1, the Association will submit to the Superintendent a list of disputed items on said list. The parties will sign off on the agreed upon seniority list on or before December 15. The senior person on layoff who is qualified to fill a permanent vacancy in an area in which he/she held seniority at time of layoff (including seniority in an area from which the person was previously bumped) will be available recalled first. The Stoneham School District will not hire from the outside to fill any teacher vacancy so long as employees who requests onemeet the criteria of the preceding sentence retain recall rights. Recall rights shall be retained for eighteen months from the effective date of layoff unless sooner terminated under the following subsection. Recall rights shall terminate with a rejection of a recall offer. Recall rights shall terminate unless within seven (7) calendar days after receipt of a recall notice the person notified the Superintendent of his/her acceptance and reports for work. Recall offers shall be sent by certified mail to a person’s last address of record at the Office of the Superintendent of Schools and shall be deemed to have been received not more than four calendar days following date of posting. Upon recall, all rights of the Agreement and benefits to which a person was entitled at the time of his/her layoff commenced, including unused accumulated sick leave, will be restored to the person upon his/her return. In addition:
a. A recalled person shall advance to the next step of the salary schedule upon being recalled.
b. A person who exercises his recall rights and resumes employment in the Stoneham Public Schools shall be credited with all benefits and privileges that he was entitled to as of the date of the layoff.
c. A recalled person will be assigned to the same or similar position, if available, which he/she held at the time of commencement of the layoff assuming that, if it is not the position from which the person was laid off, the person is qualified to fill the recall position.
3. Before If the Superintendent determines that decision is madethe most senior individual to be recalled does not possess the required qualifications for the vacant position, the District shall determine, as accurately as possible, the total number of teachers leaving the District reasons for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule determination shall be given in writing to the greater seniorityindividual with a copy to the union president. If there is still a tie, it Such determination shall not be broken by lotsubject to the grievance and arbitration process.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined This article does not apply to be necessary to the educational program for the following year as defined belowprobationary employees.
5. A teacher who by seniority is being considered for RIF shall be determined The Committee will establish, maintain and provide to be necessary for the educational program Association lists of the next yearbargaining unit employees and personnel set forth above in Section 3, if that teacher during according to their employment dates. For the current purposes of seniority only, part-time and school year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent cafeteria personnel’s length of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who service will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15prorated accordingly.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps The language in a reduction in force. These occur in logical and temporal order as listed below. In order this Article is intended to carry out all of supersede Ohio Revised Code Section 3319.172, to the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15extent permitted by law.
B. Necessity If the Board decides it is necessary to reduce the number of bargaining unit members in a job position category, the following procedure will govern such layoff and Extentreinstatement:
1. The Superintendent may recommend number of people affected by Reduction In Force shall be kept to a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least minimum, as much as possible, by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingattrition.
2. Whenever bargaining unit members are laid off, affected members shall be laid off according to seniority within the job position category, with the least senior member laid off first. “Seniority” shall be defined as the uninterrupted length of continuous service with the Board computed from the first date of uninterrupted service, except if a member has been out of the bargaining unit during any period of such service, seniority shall be computed from the first date of uninterrupted service with the District by accumulating only time spent in the bargaining unit If two or more bargaining unit members have the same length of uninterrupted continuous service, seniority will be determined by;
a. The date of the Board meeting at which the bargaining unit member was hired; and then by
b. Selecting a number from a container with each number representing a different employee. The first number selected will be the most senior and the next number selected will be the next most senior, and so forth, until all ties in seniority are broken. The selection will be made by the Administration with a representative of the Association present. Authorized leaves of absences do not constitute an interruption in continuous service.
3. A seniority list shall be prepared annually by September 30 and provided to the Association President. Within thirty (30) calendar days after the seniority list is provided, any objection to the list must be presented. If no objection is made during the thirty (30) day period, no grievances can be filed over individual seniority dates, as published.
4. The Board shall determine in which job position category the necessity layoff should occur and the number of bargaining unit members to be laid off. Except for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, involving a return from a leave of absence, dischargethe Board will give the Association at least thirty (30) days advanced notice of the Board action implementing the RIF. Except for a RIF involving a return from a leave of absence, or non-renewalafter Board action, etc., and these vacancies each member to be laid off shall be taken into consideration in determining given thirty (30) calendar days advance written notice stating the number effective date of available teacher positions for the following yearintended layoff. The Board shall determine may pay an employee in lieu of notice.
5. Bargaining unit members who are subject to lay-off, may displace the least senior member in another job position category, providing the following conditions are met:
a. The job position category must be a RIF is necessary only if the money projected to be available lower paying job position category in the General Fund job family (i.e., a maintenance employee could bump a maintenance custodian and a maintenance custodian could displace a custodian); and the employee being displaced must have less seniority than the employee who is insufficient to maintain displacing that employee; or
b. The job position category must be a former job position category held by the current program bargaining unit member; and the bargaining unit member must have satisfactory experience in the next year. former job position category; and the employee being displaced must have less seniority than the employee who is displacing that employee.
c. The extent bargaining unit member must be willing to accept the pay scale of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teachingjob position category.
C. Educational Program
16. Should the Board determine it desires to suspend a contract in part, so that an employee is required to work a percentage of the time the employee is otherwise required to work under the contract, the employee shall have the option of accepting the reduced time contract or going on layoff. If the Board has determined that RIF is necessaryemployee accepts the reduced time contract, the employee shall be entitled to be placed on the reinstatement list to return to the level of time the employee was working before the layoff.
7. The Superintendent shall recommend prepare a reinstatement list in reverse of layoff. Reinstatement shall be offered from this list before any new bargaining unit members are hired in the content affected job position category.
8. Vacancies which occur in the job position category of layoff shall be offered to or declined by the qualified bargaining unit member standing the highest on the layoff list before the next person on the list may be considered. Members shall have ten (10) calendar days from the date of mailing to respond. Notification of acceptance or refusal should be presented to the Superintendent, in writing; however, failure to respond at all shall be considered refusal of the educational program position. It is the responsibility of the following year involved member to advise the Board at a Special Meeting scheduled later in Aprilof an address where he/she can be reached. The Board Any member who declines reinstatement shall determine at be removed from the meeting the educational program for the following year. Both the Superintendent reinstatement list, and the Board shall consider have no further obligation to the following factors member. However, a refusal of an offer to return to work to a position of reduced time from the position which the member was laid off will not result in their actions:
a) The program needs removal from the reinstatement list. Notice of the studentsvacancy or reinstatement shall be by certified mail.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
29. The District will provide an announcement to bargaining unit member's name shall remain on the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply appropriate reinstatement list for a period of two (2) years unpaid leave from the effective date of absencelayoff. Any certified educator that volunteers If reinstated from layoff during this period, such member shall retain all previous accumulated seniority and all rights related to salary and fringe benefits. Time spent on layoff shall not count as experience for such leave shall continue to receive paid medical and dental benefits for up to two (2) yearsseniority or salary purposes. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list All Bargaining unit members laid off shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary subject to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program provisions of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowConsolidated Omnibus Budget Reconciliation Act of 1986.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Master Agreement
REDUCTION IN FORCE. A. Introduction When the Board of Education determines it necessary to reduce the number of certified staff positions, the following procedures shall apply:
1. There To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for employees who retire, resign, or whose limited contracts are five (5) basic steps in a not renewed for reasons other than reduction in force. These occur Attrition alone may not be sufficient to accomplish necessary reductions.
2. Reductions needed beyond those available by attrition will be made by suspending or non-renewing contracts. Those contracts to be suspended or non-renewed will be chosen as follows:
a). All teachers in logical and temporal order as listed belowthe bargaining unit will be placed on seniority lists in each teaching field for which they are certificated. In order This list will be provided to carry out all the Association President in accordance with Article I, B6
b). Reductions in any area of certification will be made from the bottom of the steps seniority list for that area of certification/licensure. A bargaining unit member affected may elect to displace a less senior bargaining unit member in another area in which he/she maintains a timely fashion, current certificate/license. Seniority rights for the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting purpose of reduction in April before April 15force only exist after equivalent evaluations.
B. Necessity and Extentc). If two or more bargaining unit members have the same length of continuous service, seniority will be determined by:
1. The Superintendent may recommend a reduction in force (RIF) to date of the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on at which the RIF bargaining unit member was hired, and shall invite the Association to make a recommendation at the next regularly scheduled meeting.then by;
2. The Board shall determine date the necessity for a RIF and its extent at least by bargaining unit member signed his initial contract in the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.district;
3. Before that decision The date on which the bargaining unit member submitted the first completed job application within the two year period preceding the effective date of the teacher's first teaching contract with the Board of Education, if the date is madeavailable;
4. If any ties remain after (a), the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc.(b), and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary(c), the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District they will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
43. For each position that The names of bargaining unit members whose contracts are suspended or non- renewed in a reduction in force will be reducedplaced on a recall list for up to 24 months from the date of the reduction. Bargaining unit members on the recall list will have the following rights:
a). No new teachers will be employed by the Board while there are bargaining unit members on the recall list who are certificated/licensed for the vacancy;
b). Bargaining unit members on the recall list will be recalled in order of seniority for vacancies in areas for which they are certificated/licensed
c). If a vacancy occurs, the teacher Board will send a certified letter by US mail to the last known address of all bargaining unit members on the recall list who are qualified according to these provisions. It is the teacher's responsibility to keep the Board informed of his current address. All bargaining unit members are required to respond in writing to the district office within ten (10) calendar days. The most senior of those responding will be given the vacant position. Any bargaining unit member who fails to respond within ten (10) calendar days, or who declines to accept the position, will forfeit all recall rights.
d). A bargaining unit member on the recall list will, upon acceptance of the notification to resume active employment status, return to active employment status with the least seniority same seniority, accumulation of sick leave, and salary schedule placement as he enjoyed at the time of layoff. Where group insurance policies permit, a bargaining unit member on the recall list who is unemployed and does not otherwise have group coverage available may continue to participate in that department shall be non-renewed unless those benefits which are provided to teachers in active employment provided the teacher is determined to be necessary to pays the educational program group rates for the following year as defined belowsuch benefits.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionReduction in Force
1Section 6.1.1 The term “reduction” or “RIF” as used herein refers to action by the Board of Directors reducing the number of certificated employees in the District due to economic reasons and/or decline in enrollment. There Reduction of certificated employees with valid contract shall not be made during the school year. In the event of reduction, the District shall provide written notice by certified mail on nonrenewal to all affected certificated employees on/or before May 15th, as required by RCW 28A.405.210. When possible, the Association shall be notified of anticipated reductions no later than May 1st. The District shall ensure that employees are advised of their right to have an Association representative present at any meeting, which is conducted between the Administration and employee regarding potential RIF or re-assignment.
Section 6.1.2 Each year, the District shall provide the Association with an updated Seniority list by March 15th. Employees will have ten (10) working days to notify the District of any corrections or discrepancies. The District will then respond with a new list within five (5) basic steps working days after the correction deadline, if any corrections are needed.
Section 6.1.3 Credits applicable for a placement on the salary schedule must be earned prior to October 1 of the current school year and documented by official transcripts. It will be the responsibility of the individual employee to furnish the District with such documentation on or before November 1 in order to be placed in that year’s schedule and seniority list.
Section 6.1.4 Part-time employees will have, for retention purposes only, seniority as established by the above section unless they were reduced to half-time employment from previous full-time employment at the District’s request. Part-time employees will not be eligible for contract conditions other than those held at the time of the retention determination.
Section 6.1.5 The prerequisite for retention will be a reduction valid Washington State certification and valid endorsement which may be required for the position held at the time the RIF is adopted.
Section 6.1.6 Seniority shall be based on the total number of years the employee has taught in force. These occur in logical and temporal order as listed belowWashington state. In order to carry out all determine the number of the steps in a timely fashionyears, the District agrees and the Association agree that the years of service credit as recognized by the Washington Teachers’ Retirement System shall prevail. Seniority includes Washington state teaching service prior to hold two (2) regularly scheduled Board meetings a month during March resignation or leave and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15excludes substitute service.
B. Necessity Section 6.1.7 Employees have the option of buying back their substitute or out-of-state time through the Department of Retirement. Employees must notify the district office by November 1 and Extentprovide documentation if they have purchased their substitute time for consideration of seniority.
Section 6.1.8 Provisional employees, as described in RCW 28A.405.220, shall be considered for retention and district seniority status during the event of a RIF. Seniority shall be based on the total number of years taught in Washington State, excluding substitute service, as described above in subsection C.
Section 6.1.9 Certificated employees shall qualify for retention in available positions for which they are certificated and endorsed. In the event that there are more qualified employees than available positions, the following criteria shall be used to determine which employees shall be retained.
1. Total seniority as defined in subsection C as a certificated employee shall be the basis for each position.
2. Within each endorsement area, the employee(s) having the greater seniority as defined in subsection C shall be retained. The District will retain or recall employees with unique qualifications. The District will retain or recall said employee, provided that no employee with more seniority qualifies for said position.
a. In the event the tie still exists, the employee(s) having the greater seniority in the Xxxxxxxxx School District shall be retained.
b. In the event the tie still exists, the employee(s) having the highest number of college or university credits beyond the BA degree as recorded in the personnel office at the beginning of the current school year shall be retained.
c. In the event the tie still exists, the employee(s) having the greatest amount of substitute time in the Xxxxxxxxx School District shall be retained.
d. In the event the tie still exists, the employee(s) having the highest composite score on their last comprehensive evaluation in the Xxxxxxxxx School District shall be retained.
e. In the event the tie still exists, a final selection shall be made by lot by a disinterested third party.
1. The Superintendent may recommend a reduction in force (RIF) to District shall not partially layoff an employee without mutual agreement from the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingAssociation.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 more senior employee will be made available by the Superintendent's Office. One copy will be sent retained or recalled to the Association and copies will be available to full-time positions before any teacher who requests oneless than full-time positions are offered.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number The list of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., proposed retention and these vacancies layoff shall be taken into consideration in determining delivered to the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent Association by May 15 of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined year that RIF this procedure is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2being implemented. The District will provide post and make available said list for certificated staff to review.
Section 6.1.10 If an announcement employee believes that he/she/they should be qualified for a position, or that another employee has been wrongfully considered for a position, the employee must notify the Superintendent in writing with five (5) working days of the date upon which the Association was tendered the list. Such written notification must allege the facts which make the employee’s seniority or position ranking incorrect according to the certified educators criteria contained in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off certificate/endorsement. Failure to voluntarily apply for make such a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave timely notification shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for waive an additional year (1) providing that the layoff conditions remain. Such educators will have the same employee’s right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as later challenge the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program inappropriateness of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowemployee’s seniority ranking and position placement.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction11.1 No bargaining unit employee shall be laid off or have his/her work hours reduced because the Board contracted work outside the bargaining unit.
1. There are five 11.2 If it becomes necessary to reduce the number of employees in any job classification due to a lack of funds or lack of work such reductions shall be limited, in so far as practical, by attrition.
11.3 Twenty (520) basic steps in days prior to a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all , the Board shall notify the Local Union President of the steps in upcoming lay-offs and the necessity for it. The Board shall also prepare a timely fashionlist of names, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessaryclassifications, and seniority dates of all affected employees to be laid off. Upon a reduction in force, all provisional and/or substitute employees shall be laid off first. All layoffs shall begin with the least one (1) regularly scheduled meeting senior employee and continue in April before April 15.
B. Necessity and Extent
1reverse order of seniority. The Superintendent Any employee affected by the layoff may recommend use his/her classification seniority to bump or displace any less senior employee who has less classification seniority within the classification of layoff. If a reduction in force (RIF) to the Board. If such should occur and there is a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board case or cases where more than one employee has identical classification seniority, system seniority shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number order of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1layoff. If the Board has determined that RIF system seniority is necessary, also identical the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it tie shall be broken by lota coin toss.
411.4 Each employee to be laid off shall be given fifteen (15) days advance written notice which shall include the following:
A. Reason for the layoff;
B. Effective date of layoff; and
C. A statement advising the employee of his/her rights for unemployment benefits and his/her reinstatement rights.
11.5 Any employee who is laid off under the above provisions shall maintain his/her seniority and recall rights for a period of (3) three years from the date of the layoff. For each position that will Employees shall be reducedrecalled in reverse order of layoff, the teacher with the most senior employee recalled first. Notice of recall to any employee shall be sent by the Board by certified mail, return receipt requested. A laid off employee shall have ten (10) working days from the date of receipt of such notice to accept or reject the recall. Any employee who declines recall shall be removed from the list.
11.6 An employee scheduled for layoff in one classification., who holds previous seniority in another classification, shall have the right to bump the least senior employee in the former classification providing he/she has greater seniority in that department classification than the current least senior employee. The employee may not displace employees in a classification if the employee does not meet the minimum qualifications of the classification. The employee who elects to bump shall be non-renewed unless the teacher is determined retain all rights to be necessary recall to the educational program for position in which the following year as defined belowlayoff occurred.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionSection 34.1. The Committee retains the non-delegable right to determine the number of teaching and professional persons, which are needed.
1Section 34.2. There When a reduction in the teaching staff is necessary because of a decrease in student enrollment, change in curriculum, shortage of funds, changes in the use of instructional personnel, or for other reasons if approved by the School Committee, the Superintendent shall determine the discipline, level, or programs that will lose staff positions and will recommend them to the Committee for action. (Levels are: Pre-K—5, 6—8, 9—12. Disciplines are five (5) basic steps listed in Section 34.5.)
Section 34.3. The Superintendent, in his/her exclusive judgment, may assign bargaining unit members to a different level and/or discipline in the absence of any voluntary requests for transfer from other staff members whom the Administration considers equally or more qualified. However, any bargaining unit member who is transferred to a position for which s/he is not fully certified, but eligible to teach under present certification regulations, will not lose his/her bumping rights in his/her former area.
Section 34.4. In determining the order in which bargaining unit members with professional teacher status are to be laid off within the discipline and level when appropriate, seniority within the Xxxxxx-Yarmouth Regional School District shall be the sole criterion. Bargaining unit members who teach in more than one discipline shall be considered as being in each of these disciplines for purposes of reduction in force. These occur A bargaining unit member who teaches in logical and temporal order as listed below. In order to carry out all more than one level during a given school year, for the purposes of the steps in a timely fashionthis Article, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration considered to teach in determining that level in which the number bargaining unit member would have spent the majority of available teacher positions for his time over the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain previous three school years (including the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared). Seniority is defined as the number length of years continuous service from the date of initial regular full-time employment as a teacher has taught bargaining unit member in public or private educationthe Xxxxxx-Yarmouth Regional School District and its antecedents. Authorized leaves up to eight weeks and sabbatical leave time will count as time served. Other leaves without pay will not break continuous service, grade P-12, but will not count as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater time served towards seniority. If there is still a tie, it shall be broken by lot.
4. For each position that Recall will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice apply only to those teachers who will be nonmaintain professional teacher status according to Massachusetts’ laws or court decisions applicable to Xxxxxx-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15Yarmouth personnel.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in No bargaining unit classification or position shall be filled by any person not a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all member of the steps in a timely fashion, bargaining unit while any member of the District agrees bargaining unit is laid off pursuant to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingthis Article.
2. The Board shall determine In the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that timeevent it becomes necessary to reduce classified staff due to lack of funds, lack of work, abolishment of positions or building closures, the seniority lists referred following procedure shall govern such layoffs:
A. The number of employees affected by reductions shall be kept to in Section X-D-1 will be made available a minimum by the Superintendent's Office. One copy will be sent not employing replacements, insofar as it is practical, for employees who resign, retire, or otherwise vacate a position.
B. Prior to the Association Board instituting such reductions in the classified staff, the Board or its designee(s) and copies will be available the Union or its designee(s) shall meet to any teacher who requests onediscuss the reductions.
3. Before that decision is madeExcept as provided in the following paragraph, in any reduction, the District concept of job classification seniority shall determineprevail. Seniority shall be determined by the employee's most recent date of hire with the Board in a particular job classification (for reduction in force purposes only). Board-approved leaves of absence shall not constitute an interruption of continuous service, as accurately as possiblebut such time on a leave of absence shall not be included in the calculation of seniority. In case of identical seniority, the total number of teachers leaving the District provisions for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available tiebreaker in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only Seniority Article will be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1used. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content application of classification seniority results in a member of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board bargaining unit having greater system seniority being laid off, system seniority shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and prevail over classification seniority, if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would such member cannot be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotbump into another classification.
4. For each position When it has been determined that will a reduction is necessary, either system-wide, or within a classification, temporary or new employees in an initial probationary status shall be reduced, the teacher laid off first. Additional reductions shall begin with the least senior employee in any classification, in order of seniority until the reduction is complete, except as provided in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below3 above.
5. A teacher who Any employee affected by seniority is being considered for RIF such a reduction, whether directly or indirectly, shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowgranted bumping rights.
6. A teacher Bumping shall be exercised on the basis of system seniority as set forth in the Seniority Article and present pay range. Any employee affected by such reduction may bump a less senior employee in another classification for which he/she is qualified to teach a class, as determined by the Superintendent or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, his/her designee based solely upon the necessary qualifications in the job description and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent posting. In cases of a majorreduction of force due to abolishment of positions or building closures, or an employee with higher classification seniority may bump a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three less senior (3classification) years counting the current school year, unless the teacher specifically requests not to be consideredemployee within their classification.
7. Once For the Superintendent has determined the educational staff for the next yearpurpose of reduction in force and determining bumping rights, the Superintendent shall give notice to those teachers who will be non-renewed. This notice there shall be given early enough to allow the appeals procedure to take place before May 15.established six (6) classifications as follows:
1. Custodian
2. Maintenance
3. Cafeteria
4. Bus Driver
5. Aides
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionThe following reasons shall apply when the Board determines it is necessary to reduce the number of certified staff positions:
1. There are five (5) basic steps Decline in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meetingstudent enrollment.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred Return to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number duty of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave regular bargaining unit members after leaves of absence.
3. One seniority list shall be prepared. Seniority is defined as the number Suspension of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Formschools, or SPI records. In case two (2) or more teachers have taught territorial changes affecting the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotdistrict.
4. For each position that Financial reasons.
B. To the extent possible, the number of bargaining unit members affected by a reduction in force will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program minimized by not employing replacements for the following year as defined belowthose employees who retire or resign.
5C. Reductions needed beyond those available by attrition, as mentioned in B, will be made by suspending contracts. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the The Superintendent shall give notice of intent to those teachers who suspend contracts to the Association fifteen (15) days prior to the Board action and to all bargaining unit members so affected fifteen (15) days prior to Board action. The Association and Superintendent shall confer on the reasons for such reduction within ten (10) days of receipt of notice of the Superintendent's intent to recommend such reduction to the Board. Except for extraordinary or catastrophic circumstances, any reductions shall take effect as of a date between the last contract day of any school year and the first contract day of the following school year.
D. A list shall be prepared and kept updated ranking all tenured bargaining unit members by seniority, giving all areas of certification and present teaching assignment(s); then all non- tenured bargaining unit members in the district by seniority, giving all areas of certification and present teaching assignment(s).
E. Seniority shall be defined as continuous employment of a bargaining unit member beginning with the first date the bargaining unit member reported for duty. Continuous employment shall include all time on sick leave, Board approved leaves of absence, military leave, disability retirement to a maximum of five years, and all time during suspension pursuant to a reduction in force if the bargaining unit member has been recalled. Seniority shall be lost when a teacher resigns or retires and is accepted in the retirement system. In the event two or more members have the same seniority, the person with the earlier date of application will be non-renewedmore senior. This notice shall If a tie remains, seniority will be given early enough to allow the appeals procedure to take place before May 15determined by lot.
Appears in 1 contract
Samples: Master Contract Agreement
REDUCTION IN FORCE. A. IntroductionSection 1: District retains the right described in NRS 288.150(3)(b) to reduce in force or layoff any employee because of a lack of work or lack of money or District reorganization or fiscal emergency as defined by NRS 288.150(4), as determined by the District, subject to the procedures described in this Article.
1. There are five (5) basic steps in Section 2: In the case of a personnel reduction and/or a reduction in force. These occur in logical and temporal order as listed below. In order of services, due to carry out all the lack of the steps in a timely fashionwork or lack of money, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a employee in the classification affected by the reduction in force with the least seniority shall be laid off first. Any reduction in force shall be established by seniority in the Department. Departmental seniority shall be established from Article 45. Employees shall be recalled within one (1) regularly scheduled meeting calendar year (365 calendar days) of the effective date of the reduction in April before April 15force in the order of their seniority if they remain qualified for the classification being recalled. No new employee shall be hired during this one (1) calendar year (365 calendar day) period until all laid-off employees have been given opportunity to return to work.
B. Necessity and Extent
1Section 3: The District shall notify the Union of the need to reduce the number of employees who are on payroll within the bargaining unit at least thirty (30) days before the effective date of a layoff. Such notice shall be given in writing addressed to the Union by certified mail. The Superintendent notice shall disclose the number of positions affected, the rank or classification of each position so affected, and the division or divisions, if any, which are to be affected. Immediately after issuing the notice, the District shall negotiate over the impacts and effects of the layoff with the Union. The District shall respond to any proposals which the Union may recommend make in response to the subject matter of notice. Such impact and effect negotiations is not subject to the impasse procedures in NRS 288.200, 288.205 or 288.215.
Section 4: Each employee who is to be reduced in rank or laid off as a consequence of a reduction in force or the disbandment of any division shall be given written notice, at least fifteen (RIF15) days before such action is to occur, of the date, purpose and nature of the action that is to be taken with regard to him/her. The notice shall state the reasons for the action, and any rights, which the employee may have under the Department Policies and Procedures or this Agreement with regard to his/her employment. A copy of the notice also shall be delivered to the BoardUnion.
Section 5: In the event that a reduction in force results in the need for a redistribution of employees from superior ranks to lesser ranks, such reductions in ranks shall be accomplished by reducing in rank those employees with the least tenure in the affected rank counting from the employee's date of promotion. Upon being laid off an employee may elect demotion to any lower classification covered by this Agreement provided the employee can perform the job, and provided the employee has more seniority than the employee in the lower classification.
Section 6: An employee who is laid off shall be paid for all accrued vacation and compensatory time in accordance with this Agreement.
Section 7: All employees who are reduced in rank or laid off shall not suffer any loss in benefit or entitlement accrued prior to the date of the action, e.g., holidays, vacation, personal leave, pension, and overtime, earned, accumulated and unused at the time of reduction in rank or layoff.
Section 8: The employee shall receive the maximum salary for the lower classification. If such a recommendation the current salary is made it must be made at least by less than the regularly scheduled Board meeting in March. The Board maximum of the lower classification, the employee shall take no action on receive the RIF and shall invite closest salary rate of the Association to make a recommendation at the next regularly scheduled meetinglower classification.
2. The Board Section 9: No employee shall determine the necessity for be promoted in a RIF and its extent at least by the regularly scheduled meeting class where a demotion occurred due to a Reduction in April. At Force until those who were demoted are offered positions in that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests oneClass.
3. Before Section 10: For the purpose of this Article, employee is representative of those non- supervisory, supervisory, and emergency support personnel covered under Article 2 of this Agreement.
Section 11: In the event the District determines that decision is madeit will offer employees incentives for voluntary, early separations of service or retirement, the District shall determine, as accurately as possible, establish the total number of teachers leaving the District criteria for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent eligibility and the Board shall consider amount of such incentive. Employees who elect to accept such offers may accept the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined incentive as a RIF is necessary and if the Board has established an educational program for the following yearlump sum payment, the Superintendent shall and/or apply the provisions of this section to determine the educational staff for the following yearincentive towards PERS credit purchases.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. 5.01 When the Board determines it is necessary to reduce the number of bargaining unit positions, the procedures and principles set forth in R.C. 3319.172 will be utilized. Notwithstanding any provision to the contrary in R.C. 3319.172 and/or R.C. 124.321- .328, a Reduction in Force may occur for the following reasons:
A. IntroductionDecreased enrollment of students in the District or a particular program/class;
1. There are five (5) basic steps B. Return to duty of classified staff members in a reduction in force. These occur in logical and temporal order as listed belowthe bargaining unit after leaves of absence;
C. Suspension of schools or territorial changes affecting the District;
D. Financial reasons. In order the event of a layoff, the Board shall notify the Union at least thirty (30) calendar days before any layoffs take effect. Within ten (10) calendar days of such notification, a meeting shall be scheduled between the Union and the Board to carry out all notify the Union of the steps in a timely fashionreasons for the layoff, the District agrees affected Unit Members and the date of the layoff. In the event of a recall, the Union will be notified as soon as possible.
5.02 The following classifications shall be used for the purpose of defining classifications in the event of a layoff: Bus Drivers
5.03 Within each classification affected, the Superintendent will give preference first to hold two employees under continuing contracts and then employees will be laid off by classification seniority, with the least senior employee laid off first.
5.04 For purposes of this Article 5, Seniority shall mean an employee’s uninterrupted length of continuous service as a regular employee of the Board in that classification. Board approved leaves do not constitute an interruption in length of service.
5.05 Continuing contract employees shall have recall rights as authorized by law. The names of the laid off employees with a continuing contract shall be maintained on a recall list. Vacancies shall be filled by order of seniority from the recall list for twenty-four (224) regularly scheduled Board meetings months. An employee whose name appears on the recall list shall be offered re- employment in order of classification seniority when a month during March position in the bargaining unit becomes available that the laid off employee has previously held and Aprilfor which the laid off employee is qualified, if necessaryaccording to these provisions. Qualified laid off unit members must be recalled to such a vacancy before the position can be filled by a new hire. Written notice of such vacancy shall be sent by certified mail to the employee’s last known address, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity copy the Union Xxxxxxx and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action Business Agent on the RIF and shall invite certified announcement. It is the Association employee’s responsibility to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving keep his/her current address on file with the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1this purpose. If the Board has determined that RIF is necessaryemployee fails to accept re-employment, in writing, post-marked within fourteen (14) calendar days from the Superintendent shall recommend the content date of the educational program of notification or attempted delivery, said employee will be deemed to have rejected the following year to offer and will be removed from the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absencerecall list. Any certified educator that volunteers for such leave shall continue unit member who fails to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.respond within fourteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1If the Board suspends teaching contracts pursuant to ORC Section 3319.17 or for substantiated financial reasons, seniority shall be determined by length of continuous service in the Cuyahoga Falls City School District. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must Continuous service shall not be made at least broken by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave authorized leaves of absence, discharge, but will be broken by a resignation or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number any other termination (excluding suspensions) of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI recordsemployment. In case the event two (2) or more teachers employees have taught the same number length of yearscontinuous service, preference will be given:
1. To the teacher with bargaining unit member first hired by official action of the most number of hours toward horizontal placement Board.
2. If not resolved under Subsection 1, above, to the bargaining unit member who first applied for a certificated position in the Cuyahoga Falls City School District for which the bargaining unit member was hired (excluding substitute teaching), which is verified by the date stamp on the District salary schedule shall be given application.
3. If not resolved under Subsection 1 or 2, above, to the bargaining unit member who has the greater seniority. If there is still a tieservice in the system, it shall be broken by lotregardless of continuity.
4. For If not resolved under Subsection 1, 2, 3, or 4, above, to the bargaining unit member who prevails in a determination by pulling names out of a hat in the presence of the bargaining unit members, the superintendent or designee and CFEA president.
B. Evaluations for any bargaining unit members who are applying for a continuing contract must be completed not later than April 1st.
C. In the first week of February, the Administration will make available in each position that school building a seniority list, a copy to be provided to the CFEA President, of certificated staff members with continuing contracts, limited contracts, continuing ISGI teaching contracts, and limited ISGI teaching contracts. The seniority list will identify years of service, the date the bargaining unit member was hired by official action of the Board, certification(s) currently on file, current assignment, and system-wide seniority.
D. Within ten (10) calendar days of the posting date of the seniority list, any corrections to the seniority list by staff members will be reducedgiven to the Superintendent or designee, and a copy of the same will be provided to the CFEA President. A final corrected seniority list will be made available during the last week of February. Thereafter, bargaining unit members shall be eligible for retention in a RIF only in those teaching areas for which the bargaining unit member has filed a valid teaching certificate with the Personnel Office.
E. Evaluation ratings for the year of reduction in force must be received prior to any reduction. At least forty-five (45) days prior to the Board action suspending teaching contracts implementing a RIF, the teacher Board agrees to notify the CFEA President in writing of its intention to implement a RIF. Subsequent to this notification, the Board and the Association shall meet to discuss the anticipated reduction. Subsequent to this initial meeting, and after the employees affected by the reduction have been identified, such employees shall be notified of the anticipated suspension of their teaching contracts. This notification shall occur at least seven (7) days prior to Board action suspending contracts. No contracts shall be suspended under this provision after the last Board meeting in July.
F. Bargaining unit members whose contracts are suspended shall forthwith be placed on a recall list, a copy of which shall be given to the CFEA President. No new bargaining unit members shall be employed by the Board while there are bargaining unit members on the recall list who are certificated for the particular position the Board intends to fill.
G. A bargaining unit member whose name appears on the recall list shall be offered reemployment when a position becomes available for which he/she is certificated. Appropriately certificated bargaining unit members shall be returned to active employment in order of system-wide seniority by rating, except that in all cases, continuing contract bargaining unit members, if any, shall have a preference over limited contract bargaining unit member. The following procedures shall apply:
1. The Board shall recall the bargaining unit member to active employment by giving written notice by registered or certified mail to the bargaining unit member. It shall be the responsibility of each bargaining unit member to notify the Board of any change in address. The bargaining unit member’s address, as it appears on the Board’s records, shall be conclusive when used in connection with an offer of reemployment.
2. If a bargaining unit member does not accept reemployment in writing, postmarked within fifteen (15) calendar days from the least seniority date said notice was delivered unless an extension is granted in writing by the Superintendent, said bargaining unit member shall be considered to have rejected the recall and shall be permanently removed from the recall list.
3. Bargaining unit members refusing recall in an area for which they hold certification shall be removed from the recall list except as provided below.
a. All Art, Music, and HPE specialists must hold the proper special certificate.
b. Bargaining unit members may refuse a recall in an area in which they are licensed if they have never taught in that department area or not taught in that area for five (5) years or longer.
4. Each limited contract bargaining unit member shall be nonremain on the recall list for twenty-renewed seven (27) months from the bargaining unit member’s last day of active service, unless the teacher is determined bargaining unit member fails to be necessary to the educational program for the following year as defined belowaccept recall or waives his/her recall rights in writing.
5. A teacher who by seniority is being considered Each continuing contract bargaining unit member shall remain on the recall list for RIF shall be determined sixty-three (63) months from the bargaining unit member’s last day of active service, unless the bargaining unit member fails to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included accept recall or waives his/her recall rights in the next year's educational program that no other teachers in the District is qualified to teach as defined belowwriting.
6. A teacher bargaining unit member who is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice recalled shall be given early enough to allow credited with the appeals procedure to take place before May 15Sick Leave accumulation and years of service for salary schedule placement that the bargaining unit member had at the time of contract suspension, plus any additional Sick Leave or service earned in the interim by teaching in any other Ohio district.
Appears in 1 contract
Samples: Negotiated Agreement
REDUCTION IN FORCE. A. Introduction
1A reasonable reduction of staff members may be made as a result of a return to duty of bargaining unit members on qualified leave, suspension of schools or territorial changes affecting the District, a decline in enrollment within the District or building, a declaration of Fiscal Watch by the Auditor of State as determined by Ohio Revised Code 3316.03 where reductions made in response to the watch are part of an overall plan to reduce the certified operating deficit, or for financial reasons. There When such a reduction is deemed necessary, the following procedures shall be followed: The Association President shall be notified of the Board’s intent to consider a staff reduction. Any certifications from the State Auditor shall be included with said notice. A meeting shall be held between representatives of the Association and representatives of the Board to review appropriate data indicating a need for a reduction in staff. The Association shall be informed as to why the reduction is deemed necessary, what teaching positions are five to be affected, and the extent of the anticipated reduction. If the reduction is due to decreased enrollment, the HLEA President shall be provided with all enrollment projections and actual numbers for enrollment including Open Enrollment projections. Reduction in force shall be made by suspension of contracts. The Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent who shall within each teaching field affected, give preference to teachers on continuing contracts. The Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations over a three (53) basic steps in year period. A member whose contract is suspended as a result of a staff reduction shall be given written notification preceding the actual reduction in force. These occur in logical The notification shall state the reason(s) for the reduction and temporal order as listed belowthe reason(s) for the selection of said member. In order to carry out all Members shall be recalled based on the recommendation of the steps Superintendent who shall within each teaching field affected, give preference to teachers on continuing contracts. The Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations over a three (3) year period. Any employee whose contract was suspended shall have restoration rights for a twenty-four (24) month period. No new members will be employed while there are members on the recall list who are certified in the teaching area in which a timely fashionvacancy exists. When a vacancy occurs, the District agrees Board shall send a certified announcement to hold two the last known address of the members on the recall list who are qualified to fill the vacancy. It is the member’s responsibility to keep the Board informed of his/her current address. Any member who fails to respond in writing to the Superintendent’s office within ten (210) regularly scheduled Board meetings business days, or declines a month during March full- time position, shall forfeit all recall rights. A member on the recall list shall, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, accumulation of sick leave and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1salary schedule placement as said member enjoyed at the time of layoff. The Superintendent may recommend Administration will provide letters of recommendation for members affected by a reduction in force (RIF) and will attempt to provide other forms of assistance, where possible, upon request of the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in Marchmember. The Board personnel records and all references of those members whose contracts are suspended pursuant to this policy shall take no action on the RIF clearly indicate that such was due to a reduction in force and shall invite the Association was not due to make a recommendation at the next regularly scheduled meetingunsatisfactory performance.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Master Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps Reduction in force is defined as the complete elimination of a specific position or as a reduction in hours. Whenever,in the judgment of the District, it is necessary to make a reduction in force. These occur ,the District will first determine the number of positions or hours for reduction in logical each classification regardless of locations, and temporal order as listed below. In order to carry out all then use the following principles andprocedures.
a. The District will notify the Association and the affected employees of the steps date and reason(s) for the reduction at least 30 days in a timely fashionadvance. Bargaining Unit employees shall be reduced based on the employee's seniority within the district. If District seniority is equal, then the District agrees to hold two employee with the least seniority in the affected classification shall be the first reduced and may qualify for bumping(A.7).
b. A reduced employee will remain on the recall list for 27 months after their reduction unless they:
(1) waives their recall right in writing;or
(2) regularly scheduled Board meetings a month during March and Aprilresigns from the School District;or
(3) fails to accept within 7 days from the date of recall, if necessary, and a least their former position or one (1) regularly scheduled meeting in April before April 15which is substantially equivalent.
B. Necessity and Extentc. Employees will be recalled by seniority in any classification if they are qualified for the vacancy.
1. d. The Superintendent may recommend District will make a reduction in force (RIF) good faith effort to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action offer substitute work to Bargaining Unit Members on the RIF and shall invite recall list.When used as substitutes, Bargaining Unit Members on the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies recall list shall be taken into consideration in determining paid at no less than step two of the number of available teacher positions for salary schedule, they were on provided it the following year. The Board shall determine a RIF substitute work is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following yearsameclassification.
2. The District will provide an announcement shall not fill a Bargaining Unit position in any job category until they have offered the position to any qualified employee on the certified educators in recall list within the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absencesamecategory.
3. One seniority list shall Employees will be prepared. Seniority is defined as given recall notification by email and by regular U.S. mail sent to the number of years a teacher has taught in public or private education, grade P-12, as reflected on last address given by the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on employee to the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotoffice.
4. For each An employee will not forfeit their rights to recall should they take a job within the District in a lower classification. Employees who were full-time prior to reduction who accept a part-time or lesser paying position that with the District shall remain on the recall list for recall to full-time employment until the end of the 27 month recall period.
5. All benefits to which an employee was entitled at the time of their reduction, including unused accumulated sick leave, will be reducedrestored upon their return to active employment. The employee shall be placed on the salary step on which they were placed prior to the reduction. One step movement shall be granted if the employee had completed 120 workdays in the work year at the time of the reduction.
6. At the expense of the employee, a reduced employee shall be allowed, at their discretion, to continue under all or any part of the teacher District insurance programs by directly paying the premiums while they are on the reduction list. Employees who are reduced may remain in the District's group insurance programs, in compliance with COBRA and OEBB regulations, at their own expense. Premiums for such coverage must be received by Benefit Help Solutions (BHS) office prior to the first of the month for which the coverage is being purchased. The parties agree that the District shall be held harmless from all damage or injury incurred by the termination of insurance coverage due to payment not being received in time. It is further agreed that the District has no obligation to give notice of the due date of said insurance premiums.
7. Bumping -
a. A reduced employee may transfer to:
1) a position in any formerly held classification if the employee has greater District seniority, or
2) an equal or lesser-paying position in any classification if the employee is qualified and has greater District seniority. Employees will stay at the same step in the new classification.
b. The bumped employee within the affected classification will be the one with the least seniority within the classification, which may cause another transfer and bumping of less senior employees
c. The employee must be able to perform classification-specific duties for the new position no later than twenty (20) working days after starting the new position. Reasonable attempts to train the employee on classification specific duties will be made. An employee that cannot demonstrate competence within twenty (20) working days will be notified in that department shall writing, reduced and placed on the recall list.
d. Any request to bump must be non-renewed unless the teacher is determined to be necessary initiated in writing to the educational program for district by the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last employee within three (3) years counting full working days after notice of reduction. The District will work with each affected employee and the current school yearAssociation to ensure that they are aware of their timelines and the positions available for bumping for which they are qualified. After the district provides this information, unless the teacher specifically requests employee will have three (3) working days to notify the district of theirdecision.
e. An employee may choose not to bump into another position and be consideredplaced on the recall list instead.This employee will be considered reduced.
78. Once the Superintendent has determined the educational staff For seniority purposes, employees who are reduced and subsequently reinstated within 27 months shall retain cumulative seniority for all periods worked except for the next yearperiod of reduction.
9. Before reductions are started, the Superintendent shall give notice District agrees to those teachers who provide the Association and the Association President a complete list of all classified employees, including each employee's date of hire, job classification(s), step on salary schedule, and total seniority within the job classification(s) and in the District, and the process to follow for bumping
10. For the purposes of 19.A.7, classifications will be non-renewednoted on the attached salary schedule.
11. This notice shall be given early enough to allow the appeals procedure to take place An employee whose hours are reduced by more than 10% in a fiscal year may invoke this article. If hours are reduced for an employee hired before May 1514, 2012, that employee’s insurance premiums will be paid for 18 months at the same ratio as before thereduction.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order The District shall have the right to carry out all reduce its number of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and Aprilemployees and, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend discharge or terminate employees through a reduction in force (RIF) when one or more of the following circumstances are present:
1. A substantial decrease in pupil population
2. A substantial reduction in operating revenues
3. A substantial decrease in enrollment of a specific grade level or program, or the elimination of a program
4. The enactment of laws or court decisions that directly affect staffing and are beyond the immediate control of the Board.
B. If the District anticipates a RIF, the District will notify the Federation in writing at least 30 calendar days prior to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in Marchimplementation. The Board notice shall take no action on include the reasons for the RIF and the affected program. The Federation and the District shall invite meet to discuss the Association to make a recommendation at the next regularly scheduled meetingRIF. Employees affected will be notified as soon as possible.
2. The Board shall determine C. If it becomes necessary to reduce the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is madenumber of employees, the District shall determine, as accurately as possible, attempt to avoid the total number RIF by means of teachers leaving attrition and reassignment of employees to vacancies within the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or and the non-renewal, etc., and these vacancies shall be taken into consideration in determining the number renewal of available teacher positions contracts for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Actprobationary employees.
D. Educational StaffAt the request of the District, a non-probationary employee may voluntarily consent to a reduction in hours of employment or to a lower classification in order to avoid lay off.
1. If the Board has determined a RIF E. Whenever an employee is necessary and if the Board has established an educational program for the following yearlaid off, the Superintendent order of lay off shall apply the provisions of this section to determine the educational staff for the following year.
2be determined by seniority. The District will provide an announcement to employee within the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher job classification with the least seniority shall be laid off first. Seasonal, temporary, and probationary employees will be laid off before non-probationary employees. If a position is deemed essential to the District and the employee in that department position has special abilities and training for that position, then that employee may be exempted from the RIF in that classification. In such a case, the reason for the exception will be provided to the employee and Federation in writing.
F. The District will maintain a re-hire list for one year. The employee with the most seniority within a job classification will be re-hired first. Employees who have been RIF'd will be offered re- employment by seniority before new hires, regardless of previous classification, provided the employee is qualified for that position.
G. It is the sole responsibility of the employee to keep the District advised of his or her current whereabouts. Any person selected for re-hire shall be non-renewed unless notified as soon as possible and given written notice by certified mail. An employee must accept the teacher is determined to be necessary to position in writing within ten working days of the educational program for mailing of the following year as defined below.
5. A teacher who by seniority is being considered for RIF recall notice or the position shall be determined to be necessary for the educational program of the next yearforfeited, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined belowalong with all further rights under this provision.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1The following provisions shall apply when the Board determines it necessary to reduce the number of bargaining unit members under ORC Sections 3319.17 and/or 3319.172. There The Board shall not be required to fill vacancies created by members who resign, retire or who are five laid off. The Board will notify the Association President, in writing, of the reasons, number of positions, and the areas/grade levels/classifications/positions to be reduced fourteen (514) basic steps in days prior to any meeting when the Board will consider a reduction in force, and will notify the Association President no later than thirty (30) days prior to implementation of any reduction in force. These occur in logical and temporal order As soon as listed below. In order to carry out all possible after notification, a meeting shall be scheduled between representatives of the steps in a timely fashion, Association and the District agrees Superintendent to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1review the appropriate data. The Superintendent may recommend Association shall be given the opportunity to present its recommendation to the Board. Such recommendation shall only be advisory in nature and shall in no way limit the Board's right to implement a reduction in force (RIFin accordance with this Agreement.
B. The Superintendent shall prepare a formal list indicating the specific position(s) to the Boardbe abolished. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies This statement shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected prepared prior to be available in the General Fund is insufficient to maintain the current program in the next year. The extent implementation of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teachingreduction in force.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent Reductions shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent first be made by utilizing resignations and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Actretirements.
D. Educational Staff
1. If further reductions are made, they shall be accomplished by the Board has determined a suspending contracts based on the recommendation of the Superintendent, which recommendation will be in accordance with the requirements of ORC Section 3319.17 as to teaching members and in accordance with the requirements of ORC Section 3319.172 as to support staff members.
E. The recommendation as to teaching members shall give preference to members on continuing contracts and the recommendation as to support staff members shall give preference to members on continuing contracts.
F. For purposes of RIF is necessary and if the Board has established an educational program for the following yearteaching members, the Superintendent final holistic evaluation ratings of Accomplished and Skilled shall apply be considered comparable through June 30, 2021.
G. As to support staff members, continuing contract status and system-wide seniority shall be the basis of any reduction in force. As to teaching members, the provisions of this section to determine the educational staff for the following yearORC Section 3319.17 shall control.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority X. A member whose contract is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule suspended shall be given written notification, by either hand delivery or certified mail return receipt requested, that his/her employment will be suspended and the greater seniorityreason for suspension. If there is still a tie, it This notification shall be broken by lotoccur within ten (10) days after Board action implementing the reduction in force.
4. For each position that I. Members whose contracts are suspended will be reduced, the teacher given preferential consideration as substitutes in accordance with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined belowlaw.
5. X. A teacher support staff member who by is removed under these provisions shall have the right to transfer (“-bump”) to another classification if a vacancy exists there or if an individual with lesser seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is employed in that area. No support staff member shall have the right to "bump" into another classification unless the member is currently qualified for the position. A teaching member may bump an individual in another area of licensure/certification who has less seniority in the District only if and to teach as defined belowthe extent permitted by ORC Section 3319.17. There shall be no bumping between teachers and support staff members.
6. A teacher is qualified to teach a classK. Teachers removed under these provisions shall be recalled for vacant positions for which they are certificated/licensed in the reverse order of their removal, or elementary grade, or a categorical program if that provided the teacher has an appropriate teacher certificate, and remained current in that area of certification/licensure by teaching or by additional course work within such area. Support staff members shall be recalled for a categorical program, satisfies vacant positions for which they are qualified in the appropriate state, or federal requirements and either has reverse order of their removal. Such right shall be granted for thirty-six (36) months following the equivalent of a major, or a minor appropriate suspension.
L. Members on the recall list shall have their insurance coverage paid by the Board for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last first three (3) years counting months of the current school yearreduction in force. Members may thereafter continue medical and life insurance coverage at their own expense as provided by law.
M. When a recall of members is to be made, unless all qualifying members will be notified in writing via certified mail. Any member who fails to respond within fourteen (14) calendar days of receipt or rejects the offer will terminate recall rights. If a teacher rejects an offer of recall because the teacher specifically requests is not able to be released from his/her teaching contract with another school district, the teacher will not lose his/her recall rights. The recall shall be made from those who respond by using the reverse order of removal. Recall rights may be terminated if the member fails to keep a correct mailing address on file with the Superintendent's office.
N. Employees new to the District shall not be employed until after members qualified under this Article are offered the positions.
O. Upon recall, members shall be placed in the appropriate place on the regular salary schedule and all rights and benefits earned prior to the reduction in force shall be reinstated.
P. The Board agrees not to be consideredemploy interns or six (6) hour certificate employees, or to contract out bargaining unit work, if such employment may cause a reduction in force or prevent the recall of an employee on the recall list.
7. Once Q. Members teaching in specialty areas, including but not limited to, art, music, physical education, speech pathology, counseling, special education, ISGI, and nurses, shall possess a license/certificate in the Superintendent has determined specialty area.
R. During the educational staff implementation of a reduction in force, no reassignment or transfer shall occur that will cause a more senior member to be laid off before a less senior member or prevent the recall of a member on the recall list.
S. Qualifications for a bargaining unit position shall not be upgraded to prevent the next year, the Superintendent shall give notice to those teachers who will be nonrecall of a laid-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15off employee.
T. It is understood for purposes of this Article that “days” means calendar days.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five (5) basic steps in In the event the Board determines the need for a reduction in force, the Administration shall meet with the Association to discuss the following:
1. These occur Reasons for the need to have a reduction in logical force.
2. Review of seniority list.
3. Review of reduction in force and temporal order as listed belowrecall procedures.
4. In order to carry out all the case of the steps in a timely fashionemployee’s job becoming nonexistent, the District agrees Board may give that employee thirty (30) days notice and will reassign said employee to hold two comparable duties until the end of the thirty (230) regularly scheduled Board meetings a month during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15day notice.
B. Necessity Reduction in force/recall procedures:
1. Part time employees as defined in Article 6.0 of the Negotiated Agreement shall be terminated before any reduction in force of full time members of the bargaining unit shall commence.
2. Employees shall be reduced in the inverse order of their seniority within the categories of position established in paragraph “C” below.
3. An employee dismissed because of a reduction in force shall retain his/her right to recall for eighteen (18) months from the date he/she was dismissed.
4. Employees shall be recalled to any position for which they are qualified to hold by seniority according to the employee recall seniority list. Ties in seniority on the recall list will be broken by an annual lottery. The employee recall seniority list shall list employees by seniority.
5. Employees on the recall list who are offered re-employment in any category of position for which they are qualified and Extentdecline such employment shall be removed from the recall list. Employees on the recall list must maintain an accurate, up to date address and telephone number with the District. When the District is unable to reach an employee on the recall list, vacancies may be offered to other employees who are also on the recall list. Employees who did not receive notification from the District will remain on the recall list until they have had an opportunity to reply to an offer or for eighteen (18) months whichever is shorter. The District will begin the recall procedure prior to the end of the school year. It is the responsibility of the District to notify the employees of the vacancy. Notification shall include telephone contact or by certified mail, return receipt requested.
6. The District shall not hire anyone from outside of the bargaining unit until it has attempted to fill the position with qualified employees from the recall list.
C. REDUCTION IN FORCE: CATEGORIES OF POSITIONS Categories of position: for the purpose of this article categories of position are: Office Supervisor Principal’s Secretary Specialist Secretary to include: Guidance Secretary Registrar Financial Secretary Student Services Secretary HS/MS Secretary Attendance Secretary Athletic Secretary Xxxxxx Associate Secretary Special Education/Classroom Paraprofessional LRC Paraprofessional Lead Campus Monitor Campus Monitor Maintenance Level 1 Maintenance Level 2 Maintenance Level 3 Maintenance Level 4 Maintenance Level 5 Maintenance Level 6 District Delivery Driver
D. Employees affected by a reduction in force may replace an employee in another category of position if :
1. The Superintendent may recommend a employee, affected by the reduction in force (RIF) to force, has more seniority than the Board. If such a recommendation is made it must employee in the category of position who would/could be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.displaced; and
2. The Board shall determine the necessity for a RIF and its extent at least employee, affected by the regularly scheduled meeting in April. At that timelayoff, has held the seniority lists referred to in Section X-D-1 will position which would/could be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.displaced; and
3. Before that decision is madeThe employee, affected by the District shall determinelayoff, as accurately as possible, will not advance in position level on the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work salary schedule as a certified result of displacing an employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considereddifferent category of position.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionIn the event that it becomes necessary for the Board to reduce the number of bargaining unit members employed by the District, the following procedures will be followed:
1. There are five (5The Board will make every effort to minimize the effects of any reduction in force on current staff by absorbing as many positions as possible through attrition.
2. Any bargaining unit member(s) basic steps in who will be affected by a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold force will be notified within two (2) regularly scheduled Board meetings a month during March and April, if weeks of the time when such reduction is determined to be necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision A bargaining unit member whose position has been identified to be eliminated shall have the right to be offered a contract if a position for which the bargaining unit member is madecertified and qualified becomes vacant and available, subject to the District shall determinerecall time limits and conditions specified below. If more than one bargaining unit member is laid-off due to reduction in force, as accurately as possible, rights to vacant positions will be determined by the total number school board using the factors listed in #6 (below).
4. The maximum period of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies recall shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years, running from the last date of their employment with the District. Such leave During that time, it shall be the sole responsibility of the bargaining unit member(s) to keep the District and NESPA President informed of their current home mailing address which the bargaining unit member(s) has supplied to the district and NESPA President.
a. If a bargaining unit member fails to respond to a notice of recall within ten (10) calendar days of its mailing by the District, or declines the recall offered, all rights to recall which the bargaining unit member(s) may enjoy are specifically extinguished.
5. A recalled bargaining unit member’s previous years of service will not be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work lost as a certified employee returning from a leave result of absencereduction in force.
36. One In identifying which bargaining unit member to release or recall, the school board shall consider all of the following factors:
a. responsible in attendance
b. job performance, including existing bargaining unit member evaluations
c. overall effectiveness and ability
d. academic preparation and professional growth
e. certification and experience in the certified area All factors being equal, then seniority list shall be preparedwill control in making a final determination. Seniority is defined as the total number of years a teacher has taught in public or private education, grade P-12, as reflected on continually employed by the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lot.
4. For each position that will be reduced, the teacher with the least seniority in that department shall be non-renewed unless the teacher is determined to be necessary to the educational program for the following year as defined below.
5. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredNorthwood School District.
7. Once A released bargaining unit member will have the Superintendent has determined opportunity to substitute within the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall district and be given early enough priority when substitutes need to allow the appeals procedure to take place before May 15be contacted for employment.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. IntroductionA.
1. There are five (5) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order When by reason of decreased enrollment of pupils, return to carry out all duty of regular classified employees after leaves of absence, or by reason of suspension of schools, lack of funds, abolishment of positions, or territorial changes affecting the steps in a timely fashiondistrict, the District agrees Board decides it will be necessary to hold two (2) regularly scheduled Board meetings a month during March and Aprilreduce the number of employees, if necessary, and a least one (1) regularly scheduled meeting in April before April 15.
B. Necessity and Extent
1. The Superintendent it may recommend a reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2reasonable reduction. The Board shall determine in which job classifications the necessity lay-off should occur and the number of employees to be laid off. In the job classification of lay-off, employees on non- continuing contracts shall be laid off before any employee in that job classification employed under a continuing contract is laid off.
2. When it becomes necessary to lay off employees for a RIF and its extent at any of the reasons stated above, affected employees shall be laid off within the affected job classification according to district seniority with the least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests onesenior employee laid off first.
3. Before that decision is made, Any employee affected by such a reduction may displace according to district seniority a less senior employee in the District shall determine, as accurately as possible, following order.
a. Within the total number of teachers leaving same classification.
b. Within the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies classification the employee held prior to holding the classification from which the employee was laid off. Any employee electing to displace a less senior employee shall be taken notified within five (5) working days after receipt of notification when a displacement/bumping meeting will be held. Any affected employee in the bargaining unit may request transfer into consideration another department, after having received a notification of lay-off, should a vacancy becomes available in determining such other department and if it is determined by the number of available teacher positions Superintendent or his/her designee that the employee requesting transfer has the necessary skills, experience and proper certification for the following yearposition requested. The Board shall determine a RIF is necessary only if the money projected Employees who transfer pursuant to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort this provision shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If governed by the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the transfer provisions of Article 12. Employees transferring in lieu of layoff will not vacate their recall rights as specified in this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be prepared. Seniority is defined as the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two (2) or more teachers have taught the same number of years, the teacher with the most number of hours toward horizontal placement on the District salary schedule shall be given the greater seniority. If there is still a tie, it shall be broken by lotArticle.
4. For each position that will be reduced, the teacher with the least seniority in that department The employees who are affected by a lay-off shall be non-renewed unless the teacher is determined to be necessary notified in writing a minimum of thirty (30) calendar days prior to the educational program for the following year as defined below.
5effective date of lay-off. A teacher who by seniority is being considered for RIF The President shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.notified five
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
1. There are five A reasonable (5i.e., non-arbitrary and non-capricious) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all of the steps in a timely fashion, the District agrees to hold two (2) regularly scheduled Board meetings a month during March and April, if necessary, and a least employees may be made only when one (1) regularly scheduled meeting or more of the following conditions exist:
a. Decreased pupil enrollment;
b. Return to duty of regular teachers after leave of absence (in April before April 15such a case, the notice provisions appearing in paragraph 1 below shall not apply);
c. Suspension of schools
d. Territorial changes affecting the District;
e. Financial reasons.
B. Necessity and Extent
1. The Superintendent may recommend a reduction in force (RIF) to On or before May 1 preceding an anticipated staff reduction, the Association President shall be notified of the Board’s intent to consider a staff reduction. If such A meeting shall be held between representatives of the Association and the Board to review appropriate data indicating a recommendation is made it must be made at least by the regularly scheduled Board meeting in Marchneed for a reduction. The Board Association shall take no action on be informed as to why the RIF reduction is deemed necessary, what teaching fields are to be affected, the extent of the anticipated reduction, and shall invite the Association to make will be provided with a recommendation at the next regularly scheduled meetingseniority list of all employees.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, the District shall determine, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc., and these vacancies shall be taken into consideration in determining the number of available teacher positions for the following year. The Board shall determine a RIF is necessary only if the money projected to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply for a two (2) years unpaid leave of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing that the layoff conditions remain. Such educators will have the same right to return to work as a certified employee returning from a leave of absence.
3. One seniority list shall be preparedprepared by listing all teachers according to continuous service in the District within all areas of certification/licensure. Seniority Those on continuing contracts shall be listed first according to continuous service in the District; then those on limited contracts shall be listed by continuous service in the District. The list shall include the date of initial employment (continuous) for each employee. An employee who actually works at least one hundred twenty (120) days within a given school year, irrespective of whether such service is defined as the number full-time or part-time, will receive a full year of years seniority credit; an employee who actually works fewer than one hundred twenty (120) days within a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI recordsgiven school year will receive no seniority credit for that year. In case If two (2) or more teachers have taught the same number length of yearscontinuous service, seniority shall be determined by:
a. The date of the Board meeting at which the teacher with was hired, and then by,
b. The date the most number of hours toward horizontal placement on teacher signed his/her initial limited contract in the District salary schedule shall be given the greater seniority. District.
c. If there is still a tieany ties remain after a) and b), it shall they will be broken by lot.
3. To the extent possible, the number of teachers affected by a reduction in force will be minimized by not employing replacements for those employees who retire, resign, or whose limited contracts are non- renewed. It is recognized, however, that attrition alone may not be sufficient to accomplish necessary reductions.
4. For each position that Reductions needed beyond those covered by attrition will be reducedmade only by suspending contracts. The Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. In determining whether evaluations are comparable for purposes of this Article, the Board will look only at the teacher performance rubric (and not the student growth component) of any OTES evaluation until at least three (3) full years of student growth data are available, with the least seniority in that department 2014-15 school year constituting the first of the three (3) years. In addition, teachers who received an overall rating of Accomplished or Skilled on the teacher performance rubric of their most recent evaluation will be deemed to have comparable evaluations for purposes of this Article. A teacher whose contract is suspended, as a result of staff reduction, shall be non-renewed unless given written notification no later than June 1 of the teacher year the reduction is determined to be necessary to implemented. The notification shall state the educational program reason(s) for the following year as defined belowreduction and reason(s) for the selection of said teacher.
5. A teacher who Teachers whose continuing contracts are suspended shall have the right of restoration to continuing service status in the reverse order of layoff (except as otherwise required by seniority is being considered for RIF shall be determined to be necessary for the educational program Section 3319.17 of the next yearOhio Revised Code), if that and when teaching positions become vacant or are created for which any of such teacher during the current year teaches a class that is included are or become qualified. After restoration of teachers with continuing contract, those on limited contracts shall also be restored in the manner described above. Restoration rights for teachers whose limited contracts were suspended shall commence upon the effective date of the suspension and shall continue through the next year's educational program that no other two (2) full school years. Where group insurance policies permit, a teacher on the recall list who is unemployed and does not otherwise have group coverage available may continue to participate in those benefits which are provided to teachers in the District is qualified to teach as defined belowactive employment provided.
6. No new teacher will be employed while there are teachers on the recall list who are qualified in the teaching area in which a vacancy exists. When a vacancy occurs, the Board shall send a certified announcement to the last known address of teachers on the recall list who are qualified to fill the vacancy. It is the teacher’s responsibility to keep the Board informed of his/her current address. Any teacher who fails to respond in writing to the Superintendent’s office within ten (10) business days, or declines a full-time position, shall forfeit all recall rights. A teacher is qualified on the recall list shall, upon acceptance of the notification to teach a classresume active employment status, or elementary gradereturn to active employment status with the same seniority, or a categorical program if that teacher has an appropriate teacher certificateaccumulation of sick leave, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified salary schedule placement as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be consideredenjoyed at the time of layoff.
7. Once The Administration will provide letters of recommendation for teachers affected by a reduction in force, and will attempt to provide other forms of assistance, where possible, upon the Superintendent has determined request of the educational staff for the next year, the Superintendent teacher. The personnel records and all references of teachers laid off as part of a reduction in force shall give notice clearly indicate that such was due to those teachers who will be non-renewed. This notice shall be given early enough a reduction in force and was not due to allow the appeals procedure to take place before May 15unsatisfactory performance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Introduction
118-1 The board may, upon giving written notice, refuse to re-employ any teacher for the next contract year due to a justifiable decrease in teaching positions due to decreased enrollment, district reorganization or lack of funding; provided there is consultation with association prior to the decision to make any such reductions. There are five (5Neg. 11-8-93) basic steps in a reduction in force. These occur in logical and temporal order as listed below. In order to carry out all 18-2 On or about October 30th of the steps in a timely fashioneach year, the District agrees to hold two (2) regularly scheduled Board meetings superintendent will provide the association with a month list showing the seniority of each teacher employed by the board, their areas of certification and courses taught and will thereafter, promptly notify the association of any changes in said list. The superintendent will at all times have posted in his office a current list which will be available for inspection during March and April, if necessary, and a least one (1) regularly scheduled meeting in April before April 15regular working hours by any teacher and/or the association.
B. Necessity and Extent
118-3 In the event such justifiable reductions in force are made, reductions shall first be made among teachers with less than two years of service within the Mineral County School District. The Superintendent may recommend a With respect to reduction in force (RIF) to the Board. If such a recommendation is made it must be made at least by the regularly scheduled Board meeting in March. The Board shall take no action on the RIF and shall invite the Association to make a recommendation at the next regularly scheduled meeting.
2. The Board shall determine the necessity for a RIF and its extent at least by the regularly scheduled meeting in April. At that time, the principle of seniority lists referred to in Section X-D-1 will be made available by the Superintendent's Office. One copy will be sent to the Association and copies will be available to any teacher who requests one.
3. Before that decision is made, within the District shall determinegovern, as accurately as possible, the total number of teachers leaving the District for reasons of retirement, family transfer, resignation, leave of absence, discharge, or non-renewal, etc.provided that qualifications are relatively equal, and these vacancies provided further that no teacher qualified to teach a particular assignment or grade level as evidenced by the Nevada State Board of Education shall be taken into consideration replaced by another teacher not qualified for such assignment or grade level as prescribed above.
18-4 Any post-probationary teacher (employee) in determining good standing at the number time of available teacher positions being laid off for the following year. The Board shall determine a RIF is necessary only if the money projected reasons stated in section 18-1 who wants to be available in the General Fund is insufficient to maintain the current program in the next year. The extent of the RIF shall only considered for recall will be as many teaching positions as necessary to reduce costs to the money projected to be available. Every reasonable effort shall be made to reduce budget areas other than teaching.
C. Educational Program
1. If the Board has determined that RIF is necessary, the Superintendent shall recommend the content of the educational program of the following year to the Board at a Special Meeting scheduled later in April. The Board shall determine at the meeting the educational program for the following year. Both the Superintendent and the Board shall consider the following factors in their actions:
a) The program needs of the students.
b) The graduation requirements of the students.
c) The requirements of accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. If the Board has determined a RIF is necessary and if the Board has established an educational program for the following year, the Superintendent shall apply the provisions of this section to determine the educational staff for the following year.
2. The District will provide an announcement to the certified educators in the areas where the RIF must occur, offering the opportunity for certified educators that would not be otherwise be laid off to voluntarily apply notified for a two (2) years unpaid leave period of absence. Any certified educator that volunteers for such leave shall continue to receive paid medical and dental benefits for up to two (2) years. Such leave may be extended for an additional year (1) providing years following the effective date of the layoff that the layoff conditions remainDistrict intends to fill a vacancy for which the teacher is certified. Such educators will have An employee desiring such notification is required to provide the same right District a written request at the time of the layoff, including forwarding address. The employee is solely responsible for keeping the District informed in writing of any future change of address. The employee must respond in writing within fourteen (14) days of the date the District sends notice of the vacancy (via certified mail) to return to work as a certified employee returning from a leave of absence.
3the most current forwarding address provided by the employee. One seniority list shall be prepared. Seniority If the response is defined as received within the number of years a teacher has taught in public or private education, grade P-12, as reflected on the S-275 Form, or SPI records. In case two above fourteen (214) or more teachers have taught the same number of yearsday time frame, the teacher District will give preference to the former employee with the most number of hours toward horizontal placement on prior service with the District salary schedule shall be given over similarly qualified candidates from inside and outside of the greater seniorityDistrict if the former employee meets all qualifications for the position, i.e. remains certified for the position, and remains in good standing with the Mineral County School District , any interim school districts where the employee was employed during the period of the layoff and the Nevada Department of Education. If there no timely request for re-employment is still a tiereceived within fourteen calendar days of the date of mailing the notification(s), it shall be broken by lot.
4the District may immediately refill the position from qualified applicants from within or without the District. For each position that (Neg. 11-8-83) 18-5 All benefits to which an employee was entitled at the time of layoff will be reducedrestored upon return to active employment including but not limited to accumulated sick leave, the teacher seniority and salary placement, subject to no restoration of sick leave that was paid off pursuant to Article 10-1-8 and subject to transfer of sick leave between Nevada school districts in accordance with the least seniority in that department shall be nonNevada Law. (Neg. 11-renewed unless the teacher 8-83) 19-1 Salary Formula Chart - The base salary is determined to be necessary to the educational program for the following Column I with 0 year as defined below.
5of experience. A teacher who by seniority is being considered for RIF shall be determined to be necessary for the educational program of the next year, if that teacher during the current year teaches a class that is included in the next year's educational program that no other teachers in the District is qualified to teach as defined below.
6. A teacher is qualified to teach a class, or elementary grade, or a categorical program if that teacher has an appropriate teacher certificate, and for a categorical program, satisfies the appropriate state, or federal requirements and either has the equivalent of a major, or a minor appropriate for the class, or grade, or has been classified as Highly Qualified, or has taught the particular class, or elementary level any year, or trimester during the last three (3) years counting the current school year, unless the teacher specifically requests not to be considered.
7. Once the Superintendent has determined the educational staff for the next year, the Superintendent shall give notice to those teachers who will be non-renewed. This notice shall be given early enough to allow the appeals procedure to take place before May 15.I* II* III* IV* V*
Appears in 1 contract
Samples: Professional Negotiation Agreement