Common use of Reduction of Teachers Clause in Contracts

Reduction of Teachers. 1. In the event the reduction in force of certified teachers cannot be accomplished through other means, the procedure for reduction in force is as follows: a. Teachers with temporary13 contracts will be reduced first. b. Intern or licensed teachers will be reduced next. c. Probationary teachers will be terminated before a career teacher is terminated, unless a career teacher is not certified to teach in the position for which the probationary teacher is retained. If there is more than one probationary teacher in a position being reduced, the probationary teacher will be dismissed according to the least number of continuous years in the District and areas of certification where required within the areas of assigned duties and degrees attained. d. Career teachers holding eliminated positions will be placed in another position for which they are qualified to teach at the time of termination provided those positions are occupied by licensed, probationary or career teachers with less continuous service in the District. These licensed, probationary, or career teachers with less continuous service in the District will then be released. e. If a teaching position which is occupied by a career teacher is eliminated pursuant to the RIF policy, and the career teacher is certified for another teaching position occupied by a probationary teacher or teachers, accommodations must be made to give priority for contract renewal to qualified career teachers over probationary teachers. f. If there is more than one career teacher qualified to teach in the position being reduced, the following criteria, in this order, will be used to determine which of the teachers will be retained. Certification is required in the teaching position which is open. A career teacher with a standard certificate will be retained over a teacher with a provisional certificate. A teacher with a provisional certificate will be retained over a teacher with a temporary certificate. Seniority will be counted by the amount of continuous full-year contracted certified employment in the District. The beginning date will be the first official day of school or the first day of employment thereafter. A teacher who taught in the District, will count only the number of years of service since returning to the District. If certification and seniority are the same according to the above criteria, the Determining factors in order of importance are: 1. Other teaching experience either inside or outside the District. If teaching experience inside the District and outside the District is equal, the teacher with the most experience inside the District will have priority. 2. A Doctors Degree will be considered above a Masters Degree. A Masters Degree will be considered above a Bachelors Degree. 3. If all of the above are equal, retention will be decided by casting lots.

Reduction of Teachers. Layoff shall be defined as a reduction in work force beyond normal attrition due to decreased student enrollment, program reductions or consolidation, closing of buildings, and/or economic reasons. To effect a layoff, the Board shall follow the procedure noted below: (1) Teachers occupying teaching positions that require certificated instructors, and who do not hold a regular Michigan provisional, professional, continued or qualified certificate will be laid off first, provided there are certificated and qualified teachers pursuant to Article X, Section M to replace and perform all of the needed duties of the laid off teachers. (2) If further reduction is to occur, probationary teachers occupying teaching positions that require certificated instructors shall be laid off on the basis of seniority, beginning with the last name on the seniority list and in ascending order thereafter providing there is a tenure teacher who is certificated and qualified pursuant to Article X, Section M, to full the available position, and subject to the “Highly Qualified” teacher requirements under federal and/or state law, regulation or guideline. (3) If further reduction is to occur, tenure teachers occupying teaching positions that require certificated instructors shall be laid off on the basis of seniority beginning with the last tenure teacher’s name on the seniority list and in ascending order thereafter, provided that the remaining teachers are certificated and qualified pursuant to Article X, Section M, to fill the available position, and subject to the “Highly Qualified” teacher requirements under federal and/or state law, regulation or guideline. (4) Teachers occupying teaching positions that do not require certified instructors will be subject to layoff and replacement by other non-certificated, tenured or probationary teachers on the basis of seniority, subject to the qualifications and/or other licensing requirements of the position. In the event When the reduction in force of certified teachers cannot be accomplished through other meansinvolves the discontinuance of services of a tenure teacher, the procedure for reduction in force is as follows: a. Teachers with temporary13 contracts will be reduced first. b. Intern or licensed tenure teachers will be reduced next. c. Probationary teachers will be terminated before a career teacher is terminated, unless a career teacher is not certified to teach laid off in the position for which the probationary teacher is retained. If there is more than one probationary teacher in a position being reduced, the probationary teacher will be dismissed according to the least number accordance with length of continuous years in the District and areas of certification where required within the areas of assigned duties and degrees attained. d. Career teachers holding eliminated positions will be placed in another position for which they are qualified to teach at the time of termination provided those positions are occupied by licensed, probationary or career teachers with less continuous professional service in the District, certification and qualifications as defined in Article X, Section M and “highly qualified” status under No Child Left Behind Act, if applicable. These licensedNo teacher shall remain employed in a position requiring certification for which a laid off tenured teacher of equal or greater professional service is certificated and qualified, probationaryprovided the laid off teacher is “highly qualified” for the position under federal or state law, regulation or career teachers with less continuous service guideline. The Board of Education and the BHEA acknowledge that a teacher who is required as of the end of the 2005-06 school year to be “highly qualified” (as defined by the No Child Left Behind Act and the Michigan Department of Education) for his/her teaching assignment and is not “highly qualified” for his/her teaching assignment shall be granted the first vacancy in the District will then be released. e. If a teaching position next academic school year that he/she applies for by seniority and qualifications provided he/she is “highly qualified” for the vacancy, and subject to the Superintendent’s right of assignment. They further agree that if there is no vacancy for which is occupied by a career the teacher is eliminated pursuant to the RIF policy, and the career teacher is certified for another teaching position occupied by a probationary teacher or teachers, accommodations must be made to give priority for contract renewal to qualified career teachers over probationary teachers. f. If there is more than one career teacher qualified to teach in the position being reduced, the following criteria, in this order, will be used to determine which of the teachers will be retained. Certification is required in the teaching position which is open. A career teacher with a standard certificate will be retained over a teacher with a provisional certificate. A teacher with a provisional certificate will be retained over a teacher with a temporary certificate. Seniority will be counted by the amount of continuous full-year contracted certified employment in the District. The beginning date will be the first official day of school or the first day of employment thereafter. A teacher who taught in the District, will count only the number of years of service since returning to the District. If certification and seniority are the same according to the above criteria, the Determining factors in order of importance are: 1. Other teaching experience either inside or outside the District. If teaching experience inside the District and outside the District is equal, “highly qualified,” the teacher with shall be treated under the most experience inside the District will have priority. 2. A Doctors Degree will be considered above a Masters Degree. A Masters Degree will be considered above a Bachelors Degree. 3. If all Layoff and Recall provisions of the above are equalthis Agreement as if his/her current position had been eliminated, retention will be decided by casting lots.as well as Article X, Section D.

Reduction of Teachers. 1. In the event the reduction in force of certified teachers cannot be accomplished through other means, the procedure for reduction in force is as follows: a. Adjunct Teachers13 b. Teachers with temporary13 temporary14 contracts will be reduced first. b. . c. Intern or licensed teachers will be reduced next. c. Probationary teachers will be terminated before a career teacher is terminated, unless a career teacher is not certified to teach in the position for which the probationary teacher is retained. If there is more than one probationary teacher in a position being reduced, the probationary teacher will be dismissed according to the least number of continuous years in the District and areas of certification where required within the areas of assigned duties and degrees attained. d. Career teachers holding eliminated positions will be placed in another position for which they are qualified to teach at the time of termination provided those positions are occupied by licensed, probationary or career teachers with less continuous service in the District. These licensed, probationary, or career teachers with less continuous service in the District will then be released. e. If a teaching position which is occupied by a career teacher is eliminated pursuant to the RIF policy, and the career teacher is certified for another teaching position occupied by a probationary teacher or teachers, accommodations must be made to give priority for contract renewal to qualified career teachers over probationary teachers. f. If there is more than one career teacher qualified to teach in the position being reduced, the following criteria, in this order, will be used to determine which of the teachers will be retained. Certification is required in the teaching position which is open. A career teacher with a standard certificate will be retained over a teacher with a provisional certificate. A teacher with a provisional certificate will be retained over a teacher with a temporary certificate. Seniority will be counted by the amount of continuous full-full year contracted certified employment in the District. The beginning date will be the first official day of school or the first day of employment thereafter. A teacher who taught in the District, will count only the number of years of service since returning to the District. If certification and seniority are the same according to the above criteria, the Determining factors in order of importance are: 1. Other teaching experience either inside or outside the District. If teaching experience inside the District and outside the District is equal, the teacher with the most experience inside the District will have priority. 2. A Doctors Doctor’s Degree will be considered above a Masters Master’s Degree. A Masters Master’s Degree will be considered above a Bachelors Bachelor’s Degree. 3. If all of the above are equal, retention will be decided by casting lots.