Tuesday, June 1, 2010

Staff Reduction, Article V MASTER CONTRACT

Staff Reduction

A. The Board shall have the right to determine when it is necessary to have a reduction in staff and shall have the right to determine which positions shall be reduced.

B. Procedures. When the Board determines a reduction in staff is necessary, the following procedures shall be followed:

1. The Board shall attempt to accomplish reduction through natural attrition within the classification where reduction is being made.

2. In the event the Board determines a reduction in staff cannot be adequately accomplished through attrition, the Board shall reduce employees within the classification where reduction is being made according to seniority within the classification being reduced as determined in Article IV of this Agreement.

3. The administration shall notify the Association of staff reduction at the time notices of recommendation to reduce are given to the affected employee(s). The written notice to the employee shall include the reasons for the proposed reduction, and, if applicable, the reason or reasons a less senior employee is not being reduced.

C. Classifications. Reduction shall be made within the following classifications.

1. Elementary classroom teachers, including Title I and Reading Consultants, grades K through 5.

2. Special area teachers, grades pre-school through 12 including:
a. Special Education under the following conditions: If the employee in the position being reduced is not fully certified to teach in the position held by the employee within the Special Education Classification with the least seniority, as evidenced by the teacher certificate in the personnel file in the Central Office on February 1, of the year in which the reduction is taking place, then the employee in the position being reduced shall be the one reduced.
b. Vocal Music
c. Instrumental Music
d. Art
e. Physical Education
f. Library/Media Specialist
g. Guidance Counselors

3. Teachers in grades 6 through 12 within curricular or subject areas as indicated below:
a. English/Language Arts
b. Social Studies
c. Mathematics/Computers
d. Science
e. Foreign Language
f. Home Economics
g. Industrial Arts
h. Business Education
i. Special programs including but not limited to Work/Study, Project Discovery, and the Independent Learning Center

4. School nurses within grade levels pre-school through twelve.

D. Recall Provisions.

1. Recall Rights. Any employee reduced pursuant to this Article, except those hired to replace an employee on leave of absence, shall have recall rights to any available position within the classification he/she held at the time of reduction for a period of twenty-seven (27) months from the date of the end of the employee's contract. Employees shall be recalled on the basis of seniority as provided in Article IV.

2. The superintendent or his designee shall be informed in writing by the affected employee of his/her interest in recall within five (5) school days of the effective date of reduction. The employee shall keep the superintendent or his designee informed of the employee's current address and phone number and shall inform the superintendent or his designee if he/she is no longer interested in recall.

3. Notice of recall to available positions shall be delivered in person or sent by certified mail, return receipt requested. The Association shall be informed of any employees notified of recall. An employee who is notified of recall prior to June 1 for the following contract year shall accept or reject the recall by certified mail within fifteen (15) calendar days from the time the notice is received. An employee who is sent notice of recall for the current school year or after June 1 for the following contract year shall accept or reject the recall by certified mail within ten (10) calendar days from the time the notice is received. The employee's response must be in writing directed to the superintendent and must be received within the above mentioned time limits. Failure to timely respond shall be deemed a rejection of recall. If the employee rejects recall, the employee shall be ineligible for any further recall rights.

4. Any employee recalled pursuant to these provisions shall have restored to him/her any fringe benefits, placement on the salary schedule, and seniority accrued at the time of reduction. Years of experience teaching (or working as a school nurse, if a nurse) in another duly accredited school during the time of layoff will also be accredited to the recalled employee.

5. Employees on recall shall be given preference in being called to substitute provided they request to be placed on the substitute list and are available. They shall be called to substitute on a rotating basis within the restrictions caused by the fact that the responsibility for calling substitutes is that of each individual principal. Reasonable efforts to coordinate the rotation shall be made by principals.