Unrequested Leave and Reduction of Personnel. A. Termination of teachers required by discontinuance of position, lack of pupils, financial limitations or merger of classes caused by consolidation of districts shall take place only in accordance with the provisions of this section and the applicable provisions of the Minnesota continuing contract law. The exclusive representative shall be informed of the need for reductions prior to the implementation of the provisions. B. Teachers on continuing contract who are placed on unrequested leave shall be selected from all teachers in the district who are licensed for the position to be eliminated. A teacher shall be defined as in Article III of this contract. C. Seniority applies only to Tier 3 and 4 teachers and shall be established from the date a signed contract is received in the Human Resources Department, or, if no contract has been signed, the first date of actual employment. D. In all circumstances and regardless of the record date for seniority, full-time teachers shall be deemed more senior than teachers who are employed less than full-time. Any full-time teacher who is or has been employed less than full-time shall retain her/his seniority as if she/he were still a full-time teacher. Reductions and placement on unrequested leave shall be in accordance with the following provisions: 1. Teachers with only limited permits and/or provisional licenses and Tier 1 licenses shall be given notice and placed on unrequested leave first, in inverse order of their seniority. 2. Tier 2 or Probationary teachers shall be reduced next. Such reductions shall be by seniority if evaluation is not the determining factor. A probationary teacher affected shall be given an opportunity to discuss the job reduction with the superintendent or her/his designee and upon request given the reasons in writing. 3. If further reductions are required, continuing contract teachers shall then be placed on unrequested leave in inverse order of their seniority. 4. A continuing contract teacher who is on a requested leave of absence but would have been placed on unrequested leave had she/he been actively working in the district, will be placed on unrequested leave in accordance with the provisions of this section. 5. Should a lesser time position be the only position available to a continuing contract teacher who would otherwise be subjected to unrequested leave, the teacher shall have the option of underemployment or unrequested leave. a. Underemployment shall be defined as a teacher being employed for less time than she/he was employed during the year that she/he was subject to unrequested leave action. b. Full employment shall be defined as a position equal in time to the individual’s position during the year she/he was subject to unrequested leave action. c. Upgrading shall be defined as the opportunity to move from underemployment up to and including the teacher’s full employment. d. Underemployment upgrading shall be done by seniority and licensure. The underemployed teacher shall have upgrading rights equal to her/his rights had she/he been placed on unrequested leave. 6. If continuing contract teachers have equivalent seniority: a. The teacher whose initial contract was received last by the Human Resource Office shall be placed on unrequested leave first. b. If 2 or more teachers have identical dates for receipt of initial contract the one with least professional preparation shall be placed on unrequested leave first. 7. The District shall make every effort to notify teachers proposed for placement on unrequested leave of absence (ULA) in writing by May 1st. One or more of the following reasons must be stated: discontinuance of position, lack of pupils, merger of classes caused by consolidation of districts, or financial limitations. Teachers who receive such notification have 14 days from the time the letter is received to request a ULA due process hearing. Such request must be made to the district 14 days from the time the letter is received to request a ULA due process hearing. Such request must be made to the School Board Chair. 8. For teachers placed on ULA, the following conditions shall prevail: a. No pay or fringe benefits. b. Consistent with “B” provisions, Section 16. Subd. B, no continuing contract teacher shall be placed on unrequested leave if there is any other licensed teacher with less seniority in the same field and subject matter employed. c. Any teacher placed on such leave may engage in teaching or any other occupation during such period and may be eligible for unemployment compensation if otherwise eligible under the law for such compensation. d. Such leave will not result in a loss of credit for years of service in the district prior to being placed on unrequested leave and the teacher will continue to accrue seniority while on unrequested leave. Any teacher on a leave pursuant to the terms of this contract will continue to accrue seniority while on such leave. e. Salary schedule credit shall be granted to any teacher for full time teaching experience gained during the unrequested leave. f. Reinstatement of teachers on unrequested leave to positions for which they are licensed shall be in inverse order in which they were placed on unrequested leave. Teachers will be reinstated only to positions for which they are licensed at the time of reinstatement, and only upon proof of current licensure by the State Department of Education. The provisions of
Appears in 3 contracts
Samples: Master Contract, Master Contract, Master Contract
Unrequested Leave and Reduction of Personnel. A. Termination of teachers required by discontinuance of position, lack of pupils, financial limitations or merger of classes caused by consolidation of districts shall take place only in accordance with the provisions of this section and the applicable provisions of the Minnesota continuing contract law. The exclusive representative shall be informed of the need for reductions prior to the implementation of the provisions.
B. Teachers on continuing contract who are placed on unrequested leave shall be selected from all teachers in the district who are licensed for the position to be eliminated. A teacher shall be defined as in Article III of this contract.
C. Seniority applies only to Tier 3 and 4 teachers and shall be established from the date a signed contract is received in the Human Resources Department, or, if no contract has been signed, the first date of actual employment.
D. In all circumstances and regardless of the record date for seniority, full-time teachers shall be deemed more senior than teachers who are employed less than full-time. Any full-time teacher who is or has been employed less than full-time shall retain her/his seniority as if she/he were still a full-time teacher. Reductions and placement on unrequested leave shall be in accordance with the following provisions:
1. Teachers with only limited permits and/or provisional licenses and Tier 1 licenses shall be given notice and placed on unrequested leave first, in inverse order of their seniority.
2. Tier 1, Tier 2 or Probationary teachers shall be reduced next. Such reductions shall be by seniority if evaluation is not the determining factor. A probationary teacher affected shall be given an opportunity to discuss the job reduction with the superintendent or her/his designee and upon request given the reasons in writing.
3. If further reductions are required, continuing contract teachers shall then be placed on unrequested leave in inverse order of their seniority.
4. A continuing contract teacher who is on a requested leave of absence but would have been placed on unrequested leave had she/he been actively working in the district, will be placed on unrequested leave in accordance with the provisions of this section.
5. Should a lesser time position be the only position available to a continuing contract teacher who would otherwise be subjected to unrequested leave, the teacher shall have the option of underemployment or unrequested leave.
a. Underemployment shall be defined as a teacher being employed for less time than she/he was employed during the year that she/he was subject to unrequested leave action.
b. Full employment shall be defined as a position equal in time to the individual’s position during the year she/he was subject to unrequested leave action.
c. Upgrading shall be defined as the opportunity to move from underemployment up to and including the teacher’s full employment.
d. Underemployment upgrading shall be done by seniority and licensure. The underemployed teacher shall have upgrading rights equal to her/his rights had she/he been placed on unrequested leave.
6. If continuing contract teachers have equivalent seniority:
a. The teacher whose initial contract was received last by the Human Resource Office shall be placed on unrequested leave first.
b. If 2 or more teachers have identical dates for receipt of initial contract the one with least professional preparation shall be placed on unrequested leave first.
7. The District shall make every effort to notify teachers Teachers proposed for placement on unrequested leave of absence (ULA) must be notified in writing by May 1stthe District. One or more of the following reasons must be stated: discontinuance of position, lack of pupils, merger of classes caused by consolidation of districts, or financial limitations. Teachers who receive such notification have 14 days from the time the letter is received to request a ULA due process hearing. Such request must be made to the district 14 days from the time the letter is received to request a ULA due process hearing. Such request must be made to the School Board Chair. Upon such request, the District will schedule a due process hearing with a neutral hearing officer, as detailed in M.S. 122A.40.
8. For teachers placed on ULA, the following conditions shall prevail:
a. No pay or fringe benefits.
b. Consistent with “B” provisions, Section 16. Subd. B, no continuing contract teacher shall be placed on unrequested leave if there is any other licensed teacher with less seniority in the same field and subject matter employed.
c. Any teacher placed on such leave may engage in teaching or any other occupation during such period and may be eligible for unemployment compensation if otherwise eligible under the law for such compensation.
d. Such leave will not result in a loss of credit for years of service in the district prior to being placed on unrequested leave and the teacher will continue to accrue seniority while on unrequested leave. Any teacher on a leave pursuant to the terms of this contract will continue to accrue seniority while on such leave.
e. Salary schedule credit shall be granted to any teacher for full time teaching experience gained during the unrequested leave.
f. Reinstatement of teachers on unrequested leave to positions for which they are licensed shall be in inverse order in which they were placed on unrequested leave. Teachers will be reinstated only to positions for which they are licensed at the time of reinstatement, and only upon proof of current licensure by the State Department of Education. The provisions of
Appears in 1 contract
Samples: Master Contract
Unrequested Leave and Reduction of Personnel. A. Termination of teachers required by discontinuance of position, lack of pupils, financial limitations or merger of classes caused by consolidation of districts shall take place only in accordance with the provisions of this section and the applicable provisions of the Minnesota continuing contract law. The exclusive representative shall be informed of the need for reductions prior to the implementation of the provisions.
B. Teachers on continuing contract who are placed on unrequested leave shall be selected from all teachers in the district who are licensed for the position to be eliminated. A teacher shall be defined as in Article III of this contract.
C. Seniority applies only to Tier 3 and 4 teachers and shall be established from the date a signed contract is received in the Human Resources Department, or, if no contract has been signed, the first date of actual employment.
D. In all circumstances and regardless of the record date for seniority, full-time teachers shall be deemed more senior than teachers who are employed less than full-time. Any full-time teacher who is or has been employed less than full-time shall retain her/his seniority as if she/he were still a full-time teacher. Reductions and placement on unrequested leave shall be in accordance with the following provisions:
1. Teachers with only limited permits and/or provisional licenses and Tier 1 licenses shall be given notice and placed on unrequested leave first, in inverse order of their seniority.
2. Tier 2 or Probationary teachers shall be reduced next. Such reductions shall be by seniority if evaluation is not the determining factor. A probationary teacher affected shall be given an opportunity to discuss the job reduction with the superintendent or her/his designee and upon request given the reasons in writing.
3. If further reductions are required, continuing contract teachers shall then be placed on unrequested leave in inverse order of their seniority.
4. A continuing contract teacher who is on a requested leave of absence but would have been placed on unrequested leave had she/he been actively working in the district, will be placed on unrequested leave in accordance with the provisions of this section.
5. Should a lesser time position be the only position available to a continuing contract teacher who would otherwise be subjected to unrequested leave, the teacher shall have the option of underemployment or unrequested leave.
a. Underemployment shall be defined as a teacher being employed for less time than she/he was employed during the year that she/he was subject to unrequested leave action.
b. Full employment shall be defined as a position equal in time to the individual’s position during the year she/he was subject to unrequested leave action.
c. Upgrading shall be defined as the opportunity to move from underemployment up to and including the teacher’s full employment.
d. Underemployment upgrading shall be done by seniority and licensure. The underemployed teacher shall have upgrading rights equal to her/his rights had she/he been placed on unrequested leave.
6. If continuing contract teachers have equivalent seniority:
a. The teacher whose initial contract was received last by the Human Resource Office shall be placed on unrequested leave first.
b. If 2 or more teachers have identical dates for receipt of initial contract the one with least professional preparation shall be placed on unrequested leave first.
7. The District shall make every effort to notify teachers Teachers proposed for placement on unrequested leave of absence (ULA) must be notified in writing by May 1stthe District. One or more of the following reasons must be stated: discontinuance of position, lack of pupils, merger of classes caused by consolidation of districts, or financial limitations. Teachers who receive such notification have 14 days from the time the letter is received to request a ULA due process hearing. Such request must be made to the district 14 days from the time the letter is received to request a ULA due process hearing. Such request must be made to the School Board Chair. Upon such request, the District will schedule a due process hearing with a neutral hearing officer, as detailed in M.S. 122A.40.
8. For teachers placed on ULA, the following conditions shall prevail:
a. No pay or fringe benefits.
b. Consistent with “B” provisions, Section 16. Subd. B, no continuing contract teacher shall be placed on unrequested leave if there is any other licensed teacher with less seniority in the same field and subject matter employed.
c. Any teacher placed on such leave may engage in teaching or any other occupation during such period and may be eligible for unemployment compensation if otherwise eligible under the law for such compensation.
d. Such leave will not result in a loss of credit for years of service in the district prior to being placed on unrequested leave and the teacher will continue to accrue seniority while on unrequested leave. Any teacher on a leave pursuant to the terms of this contract will continue to accrue seniority while on such leave.
e. Salary schedule credit shall be granted to any teacher for full time teaching experience gained during the unrequested leave.
f. Reinstatement of teachers on unrequested leave to positions for which they are licensed shall be in inverse order in which they were placed on unrequested leave. Teachers will be reinstated only to positions for which they are licensed at the time of reinstatement, and only upon proof of current licensure by the State Department of Education. The provisions ofof D.5. above shall also apply to reinstatement.
g. If a position becomes available to start a new school year for a licensed teacher on unrequested leave, the district shall deliver by registered mail a notice to such teacher who shall then have 30 calendar days from the date of receipt of such notice to accept the reemployment. Failure to reply within the 30 day period shall constitute waiver on the part of any teacher to further rights of employment or reinstatement and shall forfeit any future reinstatement or employment rights. If a position occurs during a school year the licensed teacher shall be notified, with the option of accepting it or deferring it until the beginning of the next school year. If deferred, the district shall fill the position temporarily. Failure to inform the superintendent about acceptance or deferral within 15 days after receipt of the notice shall result in filling the position with another candidate.
h. Teachers on unrequested leave shall be required to annually renew their unrequested leave status.
1. Written notice of availability for reinstatement from the teacher on unrequested leave must be received via certified mail in the superintendent’s office on or before March 15 of each year.
2. In the event written notice is not received in compliance with 8A, the superintendent’s office shall issue a reminder via certified mail to the teacher regarding the need for that teacher’s written notice of availability. Such reminder shall be sent no later than April 1 of each year.
3. The teacher now has until April 15 to provide notice of availability via certified mail to the superintendent’s office. Failure to do so shall cause the teacher to be removed from unrequested leave and shall constitute voluntary termination of employment.
4. Unrequested leave automatically ceases 5 years from the date that the leave began.
5. Reminders shall be sent from the superintendent’s office to the last filed address of the teacher.
i. Except as otherwise provided in this section a teacher who refuses employment in a position for which she/he is licensed shall forfeit all rights to reinstatement and be immediately removed from unrequested leave status. If the district and the teacher on unrequested leave mutually agree that reinstatement to a position in a field of the teacher’s licensure is not desirable, a by-pass of reinstatement can be made without loss of future reinstatement rights.
E. A seniority list shall be posted in each district school by October 1 each year. Fields of licensure and the record date of employment shall be included. If a tie in seniority still exists it shall be resolved by a joint decision of the exclusive representative and the superintendent after consideration of the classroom evaluations. Any teacher who may disagree with the list shall have 20 days from the date of posting to file a grievance at Level II.
F. Teachers who are to be considered for ULA shall be notified. Notification shall be in accordance with School Board policy.
Appears in 1 contract
Samples: Master Contract
Unrequested Leave and Reduction of Personnel. A. Termination of teachers required by discontinuance of position, lack of pupils, financial limitations or merger of classes caused by consolidation of districts shall take place only in accordance with the provisions of this section and the applicable provisions of the Minnesota continuing contract law. The exclusive representative shall be informed of the need for reductions prior to the implementation of the provisions.
B. Teachers on continuing contract who are placed on unrequested leave shall be selected from all teachers in the district who are licensed for the position to be eliminated. A teacher shall be defined as in Article III of this contract.
C. Seniority applies only to Tier 3 and 4 teachers and shall be established from the date a signed contract is received in the Human Resources Department, or, if no contract has been signed, the first date of actual employment.
D. In all circumstances and regardless of the record date for seniority, full-time teachers shall be deemed more senior than teachers who are employed less than full-time. Any full-time teacher who is or has been employed less than full-time shall retain her/his their seniority as if she/he they were still a full-time teacher. Reductions and placement on unrequested leave shall be in accordance with the following provisions:
1. Teachers with only limited permits and/or provisional licenses and Tier 1 licenses shall be given notice and placed on unrequested leave first, in inverse order of their seniority.
2. Tier 2 or Probationary teachers shall be reduced next. Such reductions shall be by seniority if evaluation is not the determining factor. A probationary teacher affected shall be given an opportunity to discuss the job reduction with the superintendent or her/his their designee and upon request given the reasons in writing.
3. If further reductions are required, continuing contract teachers shall then be placed on unrequested leave in inverse order of their seniority.
4. A continuing contract teacher who is on a requested leave of absence but would have been placed on unrequested leave had she/he they been actively working in the district, will be placed on unrequested leave in accordance with the provisions of this section.
5. Should a lesser time position be the only position available to a continuing contract teacher who would otherwise be subjected to unrequested leave, the teacher shall have the option of underemployment or unrequested leave.
a. Underemployment shall be defined as a teacher being employed for less time than she/he was they were employed during the year that she/he was they were subject to unrequested leave action.
b. Full employment shall be defined as a position equal in time to the individual’s position during the year she/he was they were subject to unrequested leave action.
c. Upgrading shall be defined as the opportunity to move from underemployment up to and including the teacher’s full employment.
d. Underemployment upgrading shall be done by seniority and licensure. The underemployed teacher shall have upgrading rights equal to her/his their rights had she/he they been placed on unrequested leave.
6. If continuing contract teachers have equivalent seniority:
a. The teacher whose initial contract was received last by the Human Resource Office shall be placed on unrequested leave first.
b. If 2 or more teachers have identical dates for receipt of initial contract the one with least professional preparation shall be placed on unrequested leave first.
7. The District shall make every effort to notify teachers proposed for placement on unrequested leave of absence (ULA) in writing by May 1st. One or more of the following reasons must be stated: discontinuance of position, lack of pupils, merger of classes caused by consolidation of districts, or financial limitations. Teachers who receive such notification have 14 days from the time the letter is received to request a ULA due process hearing. Such request must be made to the district 14 days from the time the letter is received to request a ULA due process hearing. Such request must be made to the School Board Chair.
8. For teachers placed on ULA, the following conditions shall prevail:
a. No pay or fringe benefits.
b. Consistent with “B” provisions, Section 16. Subd. B, no continuing contract teacher shall be placed on unrequested leave if there is any other licensed teacher with less seniority in the same field and subject matter employed.
c. Any teacher placed on such leave may engage in teaching or any other occupation during such period and may be eligible for unemployment compensation if otherwise eligible under the law for such compensation.
d. Such leave will not result in a loss of credit for years of service in the district prior to being placed on unrequested leave and the teacher will continue to accrue seniority while on unrequested leave. Any teacher on a leave pursuant to the terms of this contract will continue to accrue seniority while on such leave.
e. Salary schedule credit shall be granted to any teacher for full time teaching experience gained during the unrequested leave.
f. Reinstatement of teachers on unrequested leave to positions for which they are licensed shall be in inverse order in which they were placed on unrequested leave. Teachers will be reinstated only to positions for which they are licensed at the time of reinstatement, and only upon proof of current licensure by the State Department of Education. The provisions of
Appears in 1 contract
Samples: Master Contract
