REDUCTION IN FORCE. A. Seniority 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. All Board approved leaves of absence, 2. All time while on disability retirement up to a maximum of five (5) years, and 3. All time during suspension if the teacher is later reinstated. B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 regular 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 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board. F. In the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensure. G. All suspensions of contracts pursuant to this Article shall be made as follows: 1. 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 third decision point is seniority. 2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure. 5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status. H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 3 contracts
Sources: Negotiated Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority 19.1 A Reduction in Force shall be defined as the continuous service reduction of or employment as the elimination of a teacher position in the Districtbargaining unit.
19.2 If a current bargaining unit member resigns or retires, beginning with the first date Board may elect not to replace that bargaining unit member if the teacher reported for 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 as a of 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. All Board approved teachers after leaves of absence,
2, or for financial reasons. All time while on disability retirement up to a maximum To the extent possible, the number of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If bargaining unit members affected by a reduction in staff becomes 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 (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified of all vacanciesreductions.
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 regular 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 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 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. 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) days of the request by the Association, a meeting shall be set between the Superintendent and the Association's representatives unless such a date is mutually extended.
19.5 The Association shall be given a reduction in staff and suspension force list which includes all teachers in each area of one (1) or more contracts is necessarycertification affected by the RIF. Within each such affected area, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice all teachers shall be given to listed in the teacher(s) prior to recommendation order of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is district seniority.
2. 19.6 A. In the event two (2) or more teachers' continuous service began the same datemaking any reduction in force, the date the Board authorized the contract board shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher proceed to suspend contracts in accordance with the most regular recommendation of the superintendent, who shall, within each teaching experience field affected, give preference to teachers on continuing contracts. The board shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted not give preference to the any 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 seniority, except when making a decision between teachers who have comparable evaluations, when available) and second on seniorityas defined below.
4. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 3 contracts
Sources: Negotiated Agreement, Collective Bargaining Agreement, Negotiated Agreement
REDUCTION IN FORCE. A. Seniority shall 26-1 The School District retains the right to determine when a reduction in force/layoff is necessary, the number of individuals who must be defined 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 continuous service current Agreement.
26-2 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 employment as a teacher unit affected by the reduction in the District, beginning with force will be the first date to be reduced in force.
26-2-2 If the teacher reported for duty 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. 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 regular teacher. A regular teacher is defined as disciplinary document within the last two (2) successive contract years which resulted in 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. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum suspension of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the 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 one (1) days or more will be the next to be reduced in force. Administrators will be reduced in force based on the number of suspension days received in descending order. If the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified of all vacancies.
C. Reductions in teaching staff shall necessary reductions cannot be made by the Board for the following reasons:
1. Decrease reducing in pupil enrollment.
2. Suspension of schools force those administrators who have been twice rated as unsatisfactory or territorial changes affecting the school district.
3. Return who have received a disciplinary document or documents which resulted in a suspension or suspensions, then administrators who have been determined to duty of a regular 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 possiblehave abused their sick leave, but no later than April 30. Additionally, the 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria 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 for establishing seniorityabusing sick leave. If these criteria are also equal, then seniority An administrator who is reduced in force under the provisions of 26-2-2 will not be recalled to an administrative position. 26-2-3 Any additional reduction in force of an administrator shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided determined by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in using the following ordercriteria in rank order listed to designate the least senior administrator who will next be reduced in force:
Appears in 3 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. A. Seniority 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:Introduction
1. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of There are five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If basic steps in a reduction in staff becomes necessary (force. These occur in logical and temporal order as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 listed below. In order to carry out all of the Ohio Revised Code. A teacher whose limited contract has been suspended shall be considered for reappointment steps in a timely fashion, the District agrees to fill hold two (2) regularly scheduled Board meetings a subsequent vacancy for which he or she is qualified month during the term of his or her contract. Written notification will indicate March and April, if necessary, and a least one (1) or more of the permissible reason(s) for reduction regularly scheduled meeting in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified of all vacanciesApril before April 15.
C. Reductions in teaching staff shall be made by the Board for the following reasons:B. Necessity and Extent
1. Decrease The Superintendent may recommend a reduction in pupil enrollmentforce (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. Suspension of schools or territorial changes affecting The Board shall determine the school districtnecessity 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. Return to duty of a regular teacher from leave or disability retirement.
4. Elimination or reduction of courses of study provided Before that notice decision is given to made, the Association and teachers in potentially affected areas District shall determine, as early accurately as possible, but no later than April 30. Additionallythe 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 Superintendent shall sign applications number of available teacher positions 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/licensurefollowing year. The application will Board shall determine a RIF is necessary only if the money projected to be signed on a yearly basis 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 long many teaching positions as necessary to reduce costs to the teacher continues money projected to make satisfactory progress toward permanent certification/licensurebe available. Every reasonable effort shall be made to reduce budget areas other than teaching.
5C. Educational Program
1. Financial reasons.
D. The Superintendent shall meet with representatives of If 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 determination Board has determined that a reduction in staff and suspension of one (1) or more contracts RIF is necessary, the Superintendent shall cause notice to be given recommend the content of the educational program of the following year to the affected teacher(sBoard 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) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to The program needs of the teacher(s) prior to recommendation of such action to the Boardstudents.
F. In b) The graduation requirements of the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensurestudents.
G. All suspensions c) The requirements of contracts pursuant to this Article shall be made as follows:accreditation.
d) The requirements for compliance with the Basic Education Act.
D. Educational Staff
1. The suspension 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 contract shall occur this section 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 determine the third decision point is seniorityeducational staff for the following year.
2. In The District will provide an announcement to the event 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) or more teachers' continuous service began 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 dateright 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 date the Board authorized the contract shall take precedenceS-275 Form, or SPI records. In the event, case two (2) or more teachers were hired at have taught the same Board meetingnumber of years, the teacher with the most regular teaching experience number of hours toward horizontal placement on the District salary schedule shall be given the next criteria for establishing greater seniority. If these criteria are also equalthere is still a tie, then seniority it shall be granted 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 certified 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 the greatest number of subjectsas defined below.
36. Should it become necessary A teacher is qualified to suspend 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 contract 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 tenured teacheryear, such suspension shall be made from tenured teachers first based on teacher evaluation (based on or trimester during the last three (3) most recent final evaluationsyears counting the current school year, when available) and second on seniorityunless the teacher specifically requests not to be considered.
47. Retention rights Once the Superintendent has determined the educational staff for the next year, the Superintendent shall accrue give notice to all those teachers with their respective contract status groups, but in no event shall a who will be non-tenured teacher exercise retention rights over tenured teachersrenewed. The right to retention This notice shall be limited given early enough to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensureallow the appeals procedure to take place before May 15.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. In 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. The parties shall then meet to determine ways to avoid any reductions in force. 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 the Fall River Public Schools, relevant demonstrated need of the Fall River Public Schools, and quality of performance.
B. Quality of performance shall be determined by evaluations of observed performance.
C. Seniority shall be defined as the length of 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. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstatedFall River Public Schools.
B. If D. Leaves of Absence approved by the School Committee shall not be deemed to interrupt continuous service. Such leaves will not be counted toward seniority.
E. Whenever possible, notification to Paraprofessional(s) affected by a reduction in staff becomes necessary force will be made prior to the close of the school year. In the event of a decision to reduce force during the school year, those Paraprofessional(s) being dismissed will be given a minimum of thirty (30) days' written notice.
▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇(s) dismissed due to reduction in force will be placed 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 defined vacancies occur. The test for re-employment will be seniority in Section D)the Fall River Public Schools, a teacher's contract 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 suspended in accordance with Section 3319.17 hired until all appropriate Paraprofessional(s) on the recall list have been offered the vacancy.
G. Upon return to employment from the recall list, all benefits to which the Paraprofessional(s) was entitled at the time of the Ohio Revised Code. A teacher whose limited contract has been suspended dismissal, including unused accumulated sick leave, shall be considered for reappointment to fill a subsequent vacancy for which he or she is qualified during the term of his or her contractrestored.
▇. Written notification will indicate one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom ▇▇▇▇▇▇ said recall period, employees laid off under 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 regular 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 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to priority on the teacher(s) prior to recommendation of such action to the Boardsubstitute list.
F. I. In the event that staff reductions and subsequent suspension of contract(s) becomes necessarythe Committee determines to re-establish the eliminated positions, the Association employees who have been placed on layoff status and who are in recall status shall receivebe notified by certified mail that such a position is available; the employees so notified shall, along with all teachers within thirty (30) days from the date of the receipt of the letter, respond in writing by certified mail of their intention to be reduced, a seniority list by tenure, including each teacher's area(s) of certification/licensurereturn or not to return to the school system.
G. All suspensions of contracts pursuant to this Article J. The Superintendent shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with assign the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted senior employee among those notified in paragraph "I." to the teacher who is certified to teach the greatest number of subjectsavailable position.
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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 2 contracts
Sources: Labor/Management Agreement, Labor/Management 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. decreased 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 shall will be defined as the length of continuous service or employment as a teacher certificated employee under a regular full-time contract 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. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If 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 becomes necessary (as defined in Section D), will be kept to a teacher's contract shall be suspended minimum by not employing replacements for employees who retire or resign or by not replacing employees who are non-renewed in accordance with Section 3319.17 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 Ohio Revised CodeSuperintendent of Schools who shall recommend suspensions of contracts in a teaching field by giving preference to teachers on continuing contracts. A teacher 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 contract has been contracts were suspended shall be considered continue through the next three (3) full school years. Restoration rights for reappointment those employees with continuing contracts shall continue until the employee is returned to fill a subsequent vacancy for which he or she is qualified during the term of his or her contract. Written notification will indicate one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified of all vacanciesposition.
C. Reductions in teaching staff shall 1. No new employees will be made employed by the Board while there are employees on the recall list who are certified for the following reasons:
1. Decrease vacancy and in pupil enrollmentthe case of employees who were serving under limited contracts have either: a) taught for at least sixty (60) days in the area of certification in which the vacancy exists during the six (6) years preceding the reduction; or b) taken an academic refresher course in the area of certification during the preceding six (6) calendar years.
2. Suspension Employees on the recall list will be recalled in the order of schools or territorial changes affecting layoff for vacancies in the school districtareas for which they are certified.
3. Return If a vacancy occurs, the Board will mail, Certified Mail, return receipt requested, or deliver a letter to duty 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 filed in the employee’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 informed of his/her current address. All employees are required to respond in writing to the District office within ten (10) calendar days after receipt of the letter. The most senior of those timely responding will be given the vacant position(s). Any employee who fails to respond within such ten (10) calendar days after delivery of a regular teacher from leave letter or disability retirementwho declines to accept a position which is offered, will forfeit all future recall rights. If the certified letter sent by the Board to an employee is returned undelivered by the U.S. Post Office to the Board, the employee shall not lose future recall rights under this policy.
4. Elimination or reduction of courses of study provided that notice is given to An employee on the Association and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, the 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 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/licensurerecall list will, upon other members acceptance of notification to resume active employment status, return to active employment status with the bargaining unit with regard to rights or RIF. The intent same seniority, accumulation of this language is to allow members sick leave, and salary schedule placement as he/she enjoyed at the time 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Boardlayoff.
F. In During the event that staff reductions and subsequent suspension of contract(s) becomes necessaryrestoration period, the Association employee shall receivebe eligible to have his/her insurance coverage continued for up to eighteen (18) months, along with all teachers to be reduced, a seniority list by tenure, including each teacher's area(s) of certification/licensureprovided the employee pays the premium.
G. All suspensions The parties agree that these procedures apply only to the suspension of contracts pursuant to this for reasons listed under Ohio Revised Code §3319.17 or for financial reasons as defined above. This Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date not require the Board authorized the contract to fill any vacancy, nor shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher it interfere with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights other lawful personnel procedures in the following order:District.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority shall be defined as the continuous service or employment as a teacher in the DistrictWhen by reason of decreased enrollment of pupils, beginning with the first date the teacher reported for return to duty as a of 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. All Board approved teachers after leaves of absence,
2. All time while on disability retirement up to a maximum , financial need, or by reason of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 regular 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 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 Board of Education for certification/licensuredecides that it will be necessary to reduce the number of teachers; it may make a reasonable reduction. In making such reduction, the Board shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of Schools who shall, within each teaching field affected, give preference to teachers on continuing contracts. The application will be signed Board shall not give preference to any teacher based on seniority, except when making a yearly basis as long as decision between teachers who have comparable evaluations. Teachers whose continuing contracts are suspended, shall have the teacher continues right of restoration to 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 continuing service status when teaching positions become vacant 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In are created for which any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Boardteachers are or become qualified.
F. In the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. The suspension A restoration list of contract shall occur to non-tenured teachers first by area of certification/licensure. The second decision point shall be teacher evaluation kept for two (based 2) years by a designee of the Rossford Board of Education. Teachers must furnish and keep current a mailing address where they may be reached. Teachers on three (3) most recent final continuing contracts who are suspended shall be restored to service status when vacancies occur for which they are certified. Seniority shall not be the basis for rehiring a teacher, except when making a decision between teachers who have comparable evaluations, when available) and . Seniority means total number of years of continuous employment in the third decision point is seniorityRossford Schools including service on approved leaves of absence.
2. In The beginning date for accumulation of seniority shall be the event date shown in the minutes of the Board of Education that the teacher was employed. If two (2) or more teachers' continuous service began are employed on the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted to the teacher who is certified to teach the greatest number determined by date of subjectsapplication, then by letter of intent, and finally, by lot with representation by both sides.
3. Should it become necessary The teacher must respond to suspend the contract offer within seven (7) days 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 seniorityreceiving an offer of restoration.
4. Retention rights shall accrue Failure to all teachers with their respective contract status groups, but respond or to accept an offered position may result in removal of the teacher's name from the list and no event shall a non-tenured teacher exercise retention rights over tenured teachers. The further right to retention restoration shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensureexist.
5. Part-time regular teachers A return receipt of Certified Mail shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time statusbe conclusive evidence that an offer has been tendered. This statement does not prevent offers or notifications from being made in other ways.
H. 6. Teachers whose on limited contracts have been shall be suspended for and restored according to the reasons set forth in this Article shall have recall rights in the following order:foregoing plan after teachers on continuing contracts are considered.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. A. Seniority 17.1 The District shall meet with the Association at the earliest possible opportunity to discuss any proposed reduction in force and the parties shall make a 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 defined as the continuous service or employment as a teacher laid off in the Districtinverse order of seniority, beginning unless in the opinion of the District a review of the background, skill, and experience of the employees together with the first date immediate and anticipated needs of the teacher reported District and other factors provide a good and sufficient reason for duty as a regular teacherthe layoff of an employee other than the one(s) with the least amount of seniority. A regular teacher Probationary employees will be terminated first.
17.2 Recall of paraprofessionals shall be in the inverse order of their layoff. Any paraprofessional who is defined as a teacher hired on a laid off will, if recalled, be entitled to all the benefits to which he/she was entitled prior to layoff, including, but not limited or continuing contract with appropriate placement on to, unused accumulated sick leave, seniority and position of the adopted salary schedule. Continuous employment for To the purpose extent possible, said offer shall contain the same number of this section hours and/or similar responsibilities as the unit member's former position. Such offer shall include:
1not be subject to Article 7. All Board approved leaves Paraprofessionals who are laid off shall be entitled to recall rights of absence,
2. All time while on disability retirement up twice their length of service to a maximum of two (2) years.
17.3 Paraprofessionals, upon receipt of notification of being laid off, shall notify in writing the Superintendent of their intentions regarding recall. 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) yearsbusiness days of the date of written notice, and
3. All time during suspension if such paraprofessional's employment shall terminate on the teacher is later reinstateddate set forth in such notice and he/she shall forfeit recall rights as provided herein.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 regular 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 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. 17.4 In the event that staff reductions and subsequent suspension of contract(s) becomes necessarya Title I position is to be filled by recall, the Association shall receive, along with all teachers Superintendent will be mandated to be reduced, offer the position to the first paraprofessional that carries a seniority list by tenure, including each teacher's area(s) of certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2“Highly Qualified” status. In the event two (2) or more teachers' continuous service began that the same datefirst paraprofessional on the recall list is not “Highly Qualified”, the date Superintendent will continue down the Board authorized 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 contract shall take precedence. In event that the event, two (2) or more teachers were hired at paraprofessional refuses the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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 teacherTitle I position, such suspension paraprofessional's employment shall be made from tenured teachers first based terminate on teacher evaluation (based on three (3) most recent final evaluations, when available) and second on seniority.
4. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons date set forth in this Article such notice and he/she shall have forfeit recall rights in the following order:as provided herein.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority 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. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff the teacher force becomes necessary (as defined in Section D)necessary, a teacher's contract committee comprised of one MEA member from each building, the MEA President, and Board designees shall be suspended in accordance oversee the process outlined below. The Board agrees to meet and confer with Section 3319.17 of the Ohio Revised Code. A teacher whose limited contract has been suspended shall be considered for reappointment Association leadership to fill discuss a subsequent vacancy for which he or she is qualified during the term of his or her contract. Written notification will indicate one (1) or more of the permissible reason(s) for potential reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall force. Except for financial reasons, teachers will be notified of all vacancies.
C. Reductions a possible reduction in teaching staff shall be made force by the Board for the following reasons:
1. Decrease last contractual workday in pupil enrollmentperson, without requirement to return to student instruction that day.
2. Suspension Whenever it becomes necessary to implement a reduction in the teacher force, reduction procedures based upon comparability and seniority shall be implemented in the areas of schools certification or territorial changes affecting licensure unless the school districtBoard demonstrates that it is necessary to use other criteria to achieve educational goals which could not otherwise reasonably be met by reductions based upon teachers' seniority and certification or licensure areas. Pursuant to H.B. 153, when conducting a RIF, the Board will suspend contracts in accordance with the superintendent’s recommendation, who shall, within each teaching field affected, give preference to teachers on continuing contracts. The Board will not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. For the purpose of determining comparability, all teachers with a final summative evaluation rating of ineffective will be considered comparable (Category 1) and all teachers with a summative evaluation rating of developing, skilled, or accomplished shall be considered comparable (Category 2). All teachers except those excluded from recognition in this Negotiated Agreement and those who are included but who have been nonrenewed or terminated for reasons other than a reduction in force are covered by the procedures specified below. The Board of Education shall act on all continuing contracts prior to the implementation of a Reduction in Force.
3. Return to duty Within each affected area of a regular teacher from leave certification or disability retirementlicensure, reductions not achieved through attrition shall be accomplished by laying off teachers, in reverse order of seniority first in Category 1 and then Category 2, who are employed under limited contracts and then, if necessary, by suspending those employed under continuing contracts first in Category 1 and then Category 2, except as otherwise provided in this section.
4. Elimination Exceptions to preference for retention based on seniority may be made under circumstances described in §2 of this section or reduction of courses of study provided that notice is given when they are necessary to the Association comply with state and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, the 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 federal laws relating to make satisfactory progress toward permanent certification/licensureemployment matters.
5. Financial reasons.
D. The Superintendent shall meet with representatives of the Association by April 30 Teachers laid off due 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 determination that a reduction in staff and suspension force shall be so notified in writing. Their names shall be placed upon a recall list in reverse order of one (1) or more contracts is necessary, layoff. A copy of the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice list shall be given to the teacher(s) prior MEA President. A teacher whose name appears on the recall list shall be offered reemployment when a position becomes available for which that teacher is or has become certificated or licensed before the next teacher lower on the recall list is recalled first in Category 2 and then Category 1, except as otherwise provided in this section and before any new employee is hired for the position.
6. The Board shall provide notice of recall by mail sent under a certificate of mailing to recommendation the last address given by the teacher to the Board. It is the responsibility of such action the teacher to provide a current mailing address to the Board.
F. In 7. Teachers on the event that staff reductions and subsequent suspension recall list shall remain eligible for reemployment in accordance with §6 of contract(s) becomes necessary, this section for the Association shall receive, along with all teachers to be reduced, a seniority list by tenure, including each teacher's area(s) of certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 next three (3) most recent final evaluations, when available) and contract years following layoff. Teachers who are offered but decline reemployment for a regular full-time teaching position for any reason other than employment under contract in another school district forfeit further rights to recall. Teachers employed under contract in another school district may be offered another open position which becomes available during the third decision point is seniorityfirst three years their names are placed on the recall list. The acceptance or rejection of a part-time position does not limit a teacher’s right to recall. A part-time teacher still on the recall list does not have transfer bidding rights.
28. In A teacher on the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria recall list is eligible to retain group hospitalization benefits for establishing seniority. If these criteria are also equal, then seniority shall be granted up 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.
4years by making monthly premium payments to the District under Board policy governed by COBRA. Retention rights shall accrue to A teacher who becomes employed under another group hospitalization plan loses all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended further eligibility for the reasons set forth in this Article shall have recall rights in the following order:District's group hospitalization coverage.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
REDUCTION IN FORCE. A. Seniority shall When the Board decides that it will be defined as necessary to reduce the continuous service or employment as number of teachers it employs, it may make a teacher reasonable reduction for any of the following reasons, in the District, beginning accordance with the first date the teacher reported for Ohio Revised Code Section 3319.17:
a. return to duty as a regular teacher. A of 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. All Board approved after leaves of absence,
2b. suspension of schools
c. territorial changes affecting the district
d. decreased enrollment of pupils in the district
e. financial reasons In making any such reduction, the Board shall first perform the reduction through attrition. All time while If attrition is not sufficient to accomplish the reduction, the Superintendent shall, within each teaching field affected, give preference first to teachers on disability retirement up continuing contracts and then to teachers on limited contracts in order of seniority where evaluations are comparable. If the reduction is for financial reasons as stated in e. above, a maximum committee will be formed to evaluate options for the district to attain fiscal solvency. The committee will be comprised of four (4) representatives of the Board and five (5) representatives of the Association. 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 required to work a percentage of the time the employee otherwise is required to work under the contract and receives a commensurate percentage of the full compensation the employee otherwise would receive under the contract. The teachers whose contracts are suspended by the Board pursuant to this section shall have the right to bump into other areas of certification for which the suspended teachers are presently certified. Said bumping shall be in reverse order of seniority, with priority given to continuing contract teachers before limited contract teachers. Comparable Evaluations
a) The definition of the term “comparable,” as applied to teacher evaluations, included in this section shall only be applicable after a new evaluation system that complies with HB 153 has been negotiated and fully implemented, as defined above, for at least two (2) years.
b) All teachers within the District shall be deemed to have comparable evaluations if they are “Accomplished,” “Skilled,” or “Developing” as is defined in the OTES Board Policy.
c) Upon full implementation of the new evaluation system, and with at least two (2) full years of student growth data, in the event a teacher is rated “Ineffective” for two (2) consecutive years, and
3. All time during suspension if such teacher shall no longer be considered comparable to the teacher is later reinstated.
B. If rest of the bargaining unit for purposes of a reduction in staff becomes necessary force.
d) Newly hired teachers with less than two (as defined in Section D), a teacher's contract 2) years of student growth data shall be suspended in accordance deemed comparable with Section 3319.17 the rest of the Ohio Revised Codebargaining unit.
e) No reduction in force shall be accomplished through the nonrenewal or termination of the contract of any bargaining unit member. A The teachers whose contracts are suspended by the Board pursuant to this section shall have the right to recall for a period of two (2) years from the effective date of reduction in force. Said recall rights shall be in order of seniority if and when teaching positions become vacant or are created for which any such teachers are or become qualified. No 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 regular 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 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensure.
G. All suspensions of contracts pursuant to this Article section shall be made as follows:
1. The suspension lose the right to recall by reason of contract shall occur having declined recall to nona position that is less than full-tenured teachers first by area time, or to a position requiring a lesser percentage of certification/licensure. The second decision point shall be teacher evaluation (based on three (3) most recent final evaluations, when available) and full-time employment than the third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, position the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights last held while employed in the following order:district.
Appears in 2 contracts
REDUCTION IN FORCE. A. The following reasons shall apply when the Board determines it is necessary to reduce the number of certified staff positions:
1. Decline in student enrollment.
2. Return to duty of regular bargaining unit members after leaves of absence.
3. Suspension of schools, or territorial changes affecting the district.
4. Financial reasons.
B. To the extent possible, the number of bargaining unit members affected by a reduction in force will be minimized by not employing replacements for those employees who retire or resign.
C. Reductions needed beyond those available by attrition, as mentioned in B, will be made by suspending contracts. The Superintendent shall give notice of intent to suspend 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. 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 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 the continuous service or employment as of a teacher in the District, bargaining unit member beginning with the first date the teacher bargaining unit member 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 scheduleduty. Continuous employment for the purpose of this section shall include:
1. All include all time on sick leave, Board approved leaves of absence,
2. All time while on , military leave, disability retirement up to a maximum of five (5) years, and
3. All and all time during suspension if the teacher bargaining unit member is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract . Seniority shall be suspended in accordance with Section 3319.17 of the Ohio Revised Code. A lost when a teacher whose limited contract has been suspended shall be considered for reappointment to fill a subsequent vacancy for which he resigns or she retires and is qualified during the term of his or her contract. Written notification will indicate one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 regular 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 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights accepted in the following order:retirement system.
Appears in 2 contracts
Sources: Master Contract Agreement, Master Contract Agreement
REDUCTION IN FORCE. A. Seniority shall be defined as 29.01 When any of the continuous service or employment as following circumstances occur, the Board may make 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. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reasonable reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 force by suspension of the contract(s) pursuant to Ohio Revised Code. Code Section 3319.17: 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 The reduction of schools a program, provided that such reduction is not for arbitrary or territorial changes affecting the school district.
3discriminatory reasons. Return A bona fide consolidation. The return to duty of a regular teacher from after a leave or disability retirementof 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.
429.02 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 not renewed for reasons other than reduction in force. Elimination Attrition alone may not be sufficient to accomplish necessary reductions.
29.03 If the Board is contemplating the layoff of any members, it shall notify the Association and all members so affected thirty (30) days during the summer, or reduction sixty (60) days during the school year, before the proposed effective date of courses 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 study provided that notice this Article, seniority will be computed from a member's most recent date of continuous hire and will begin to accrue as of his/her first day of actual service in a negotiating unit position. Seniority will continue to accrue during all paid leaves of absence and for a period of two (2) years from the effective date of a layoff. Seniority will not be broken by unpaid 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.
29.05 All bargaining unit members shall be placed on a seniority list, which shall contain the following information: The initial date of employment with the ▇▇▇▇▇▇-▇▇▇▇▇▇ Local Schools. The type of teaching contract (limited or continuing). All areas in which the member is given certified. Years of continuous service. No later than October 1, bargaining unit members shall present to the Superintendent copies of all certifications. Not later than October 15 of each school year, the Superintendent will provide the Association with the above seniority list and deliver to the Association and teachers in potentially affected areas as early as possible, but no later than April 30President.
29.06 Reductions needed beyond those available by attrition will be made by suspending contracts. AdditionallyIn making such reductions, the Superintendent shall sign applications for 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 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 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 made 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 determination lowest evaluation score for that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same datea tie in evaluations exists, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher member with the most regular teaching experience shall lesser seniority will be the next criteria for establishing seniorityreduced first. If these criteria are also equal, then seniority shall be granted A member affected may elect 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. Retention rights shall accrue to all teachers with their respective contract status groups, but displace a member in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas another area of certification/licensure, provided he/she is certified/licensed to perform the work and no assignment 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 claimed outside 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 one's eighteen (18) months after the effective date of his/her layoff unless he/she: ▇▇▇▇▇▇ his/her recall rights in writing. Resigns. Fails to 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 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/licensurelicensure 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 all 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.
5. Part-time regular teachers 29.09 While on layoff, a member shall have seniority and retention rights the right to their positions as provided pay the total premium for all group insurance benefits made available to the members of the bargaining unit by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights Board, if available in the following order:insurance contract.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority shall A reasonable reduction of instructional staff members may be defined as made in the continuous service or employment event that a reduction becomes necessary as a teacher in the Districtresult of a decreased enrollment of pupils, beginning with the first date the teacher reported for return to duty as a of 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. All Board approved teachers after leaves of absence,
2. All time while on disability retirement up to a maximum , or by reason of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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., or lack of funds. When such reduction is deemed necessary, the reduction will be made in accordance with the following provisions:
31. Return Prior to duty of a regular teacher from leave or disability retirement.
4. Elimination or reduction of courses of study provided that notice is given to proceeding with an anticipated staff reduction, the Association and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, president shall be notified by the Superintendent of schools of the Board's intent to consider a staff reduction. A meeting 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 make satisfactory progress toward permanent certification/licensure.
5. Financial reasons.
D. The Superintendent shall meet with held between representatives of the Association by April 30 to discuss the possible effects, resulting from the issuance of temporary certification/licensure, upon other members and representatives of the bargaining unit with regard Board 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 review appropriate data indicating a determination that need for a reduction in staff and suspension of one (1) or more contracts staff. The parties shall discuss why the reduction is deemed necessary, the Superintendent shall cause notice what teaching fields are to be given to affected, the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possibleextent of the anticipated reduction, and the possible effects of said reduction. In any eventAlso, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) becomes necessaryat this meeting, the Association shall receive, along will be provided with all teachers to be reduced, a seniority list by tenure, including each teacher's area(s) of certification/licensureall bargaining unit members.
G. All suspensions of contracts pursuant to this Article 2. The seniority list shall be made as follows:
1. The suspension of contract shall occur prepared by listing all teachers according to non-tenured teachers first by area continuous service in the district within all areas of certification/licensure. The second decision point 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 leave of absence shall not break an employee's continuous employment. If ties occur in seniority, regarding years of service, the teacher evaluation (based on three (3) with the earliest date of board action to employ will be considered most recent final evaluationssenior. If ties still remain, the ties will be broken by the flip of a coin if and when available) and the third decision point is senioritysuch becomes necessary in order to implement a staff reduction.
23. In the event two (2) or more teachers' continuous service began the same dateAny reduction in staff will first be accomplished through attrition insofar as it is possible to do so, i.e., the date 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 individuals who are non-renewed. If further reductions are necessary, the Board authorized shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of schools who shall, within each teaching field affected, give preference to teachers on continuing contracts. Within each teaching field affected the teacher with the lowest rating on his/her evaluation will be the teacher whose contract shall take precedenceis suspended. In the event, If two (2) or more teachers have comparable evaluations, layoff will occur in reverse order of seniority. Any reduction in force shall proceed using the following procedures and criteria.
a. Bargaining unit members shall be placed in one (1) of four (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 hired at rated Ineffective on their evaluation using the same Board meetingcalculation 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 with the most regular teaching experience is placed. Teachers shall be placed in Groups Two through Four based upon an average of the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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 evaluationssummative 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, when availabledivided 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 second 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 least senior; and then,
ii. Members under continuing contracts beginning with the 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 same Group will be considered comparable with each other.
4. Retention 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 teachers with continuing contracts, restoration rights shall accrue continue until the teacher is returned to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensureteaching position or removed from the recall list as stated below.
5. Part-time regular A teacher whose contract is suspended shall be 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 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 district will be employed until all properly certificated/licensed teachers shall on the recall list have seniority and retention rights been offered a contract for a vacant position. The refusal of a recall to their positions as provided by the contract without limitation due to their a part-time statusposition shall not result in the 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 recall list. Recall notices shall be sent to the last address on file with the Board. Teachers shall be responsible for updating the Board on any change of address.
H. Teachers 6. Insurance coverages provided to the certified/licensed staff may be continued by the teacher whose contracts have contract has been suspended under this provision, at his/her own cost, for the reasons set forth in this Article shall have recall rights in the following order:time period required by federal law.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
REDUCTION IN FORCE. A. Seniority shall be defined as In 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. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 regular 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 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 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 determination event that a reduction in staff work force is necessary for any of the reasons specified by O.R.C. 3319.17, reductions will be made in accordance 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 superintendent in writing on or prior to March 1 of the current school year.
B. When the Board determines in any school year that there is a need to suspend employee contract(s) for the following year, the 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 suspension areas of one (1) or more 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 necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action made to the Board.
F. D. The Board shall 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 the event that staff reductions and subsequent suspension of contract(s) becomes necessarymaking any such reduction, the Association board shall receive, along proceed to suspend contracts in accordance with all teachers to be reduced, a seniority list by tenure, including each teacherthe recommendation of the district's area(s) superintendent and under provisions of certification/licensurethis section.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. The suspension of contract shall occur to non-tenured teachers first Each employee affected by the reduction, based on area of certification/licensure. The second decision point , shall be teacher placed in one of the following categories:
(a) Category 1, which shall contain all employees on limited or extended limited contracts with an evaluation rating of ineffective;
(based b) Category 2, which shall contain all employees on three limited or extended limited contracts with an evaluation rating of developing;
(c) Category 3, which shall contain all employees on limited or extended limited contracts with an evaluation rating of skilled;
(d) most recent final evaluationsCategory 4, when availablewhich shall contain all employees on limited or extended limited contracts with an evaluation rating of accomplished
(e) and the third decision point is seniorityCategory 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. In Reductions in the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience affected area of licensure shall be the next criteria for establishing seniority. If these criteria are also equalmade starting with employees in Category 1 and shall proceed sequentially through employees in Category 8, then seniority shall be granted to the teacher who is certified to teach the greatest number of subjectsuntil all necessary reductions have occurred.
3. Should it become necessary For the purpose of this section, Evaluation Rating shall consist solely of the rating earned on the Evaluation Rating assigned to suspend an employee in accordance with 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:procedures adopted under O.R.C.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
REDUCTION IN FORCE. A. Seniority shall be defined as In 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. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 regular 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 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 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 determination event that a reduction in staff work force is necessary for any of the reasons specified by O.R.C. 3319.17, reductions will be made in accordance 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 superintendent in writing on or prior to March 1 of the current school year.
B. When the Board determines in any school year that there is a need to suspend employee contract(s) for the following year, the 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 suspension areas of one (1) or more 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 necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action made to the Board.
F. D. The Board shall 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 the event that staff reductions and subsequent suspension of contract(s) becomes necessarymaking any such reduction, the Association board shall receive, along proceed to suspend contracts in accordance with all teachers to be reduced, a seniority list by tenure, including each teacherthe recommendation of the district's area(s) superintendent and under provisions of certification/licensurethis section.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. The suspension of contract shall occur to non-tenured teachers first Each employee affected by the reduction, based on area of certification/licensure. The second decision point , shall be teacher placed in one of the following categories:
(a) Category 1, which shall contain all employees on limited or extended limited contracts with an evaluation rating of ineffective;
(based b) Category 2, which shall contain all employees on three limited or extended limited contracts with an evaluation rating of developing;
(c) Category 3, which shall contain all employees on limited or extended
(d) most recent final evaluationsCategory 4, when availablewhich shall contain all employees on limited or extended limited contracts with an evaluation rating of accomplished
(e) and the third decision point is seniorityCategory 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. In Reductions in the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience affected area of licensure shall be the next criteria for establishing seniority. If these criteria are also equalmade starting with employees in Category 1 and shall proceed sequentially through employees in Category 8, then seniority shall be granted to the teacher who is certified to teach the greatest number of subjectsuntil all necessary reductions have occurred.
3. Should it become necessary For the purpose of this section, Evaluation Rating shall consist solely of the rating earned on the Evaluation Rating assigned to suspend an employee in accordance with 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:procedures adopted under O.R.C.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
REDUCTION IN FORCE. A. Seniority The Administration and Union shall be defined as the continuous service or employment as form 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 committee for the purpose of this section initiating and monitoring reduction in force procedures (School Code 24-12), when and if those procedures are necessary. The Administration and Union shall include:
1select their own members to the committee. Following the requirements provided in School Code, teachers shall be placed into four groups (1,2, 3 and 4) and the committee shall establish criteria for moving individuals from Group 2 into Group 3 and any alternate definition of placement into Group 4. If no agreement is reached, statutory definition of Groups 2 and 4 will govern. The committee shall monitor the rating trends in the district and prepare an annual report to be discussed with the Union and Administration. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if decisions by the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract committee shall be suspended by majority vote. When the Board deems it necessary to reduce the number of teachers in accordance with Section 3319.17 the District because of declining enrollment, inadequate finance, the Ohio Revised Codeelimination of programs, or consolidation, every effort will be made to make reductions through attrition. A teacher whose limited contract has been suspended If this is not possible, then teachers shall be considered for reappointment to fill a subsequent vacancy for which he or she is qualified during removed based on each teacher’s placement in 1 of 4 performance evaluation groups, hereinafter called the term of his or her contract. Written notification will indicate one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. “honorable dismissal list.” Teachers to whom this paragraph applies shall be notified of all vacancies.
C. Reductions honorably dismissed in teaching staff shall group order, with teachers in Group 1 the first to 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 regular teacher from leave or disability retirement.
4. Elimination or reduction of courses of study provided that notice is given to the Association honorably dismissed and teachers in potentially affected areas as early as possible, but no later than April 30Group 4 the last to be honorably dismissed. AdditionallyFrom amongst the teachers in Group 1, the Superintendent shall sign applications for certification/licensure submitted by teachers District may honorably dismiss in those potentially affected areasany order. Within Group 2, when such applications meet the criteria established by District may honorably dismiss based on the State Department average scores of Education for certification/licensurethe past two evaluations. The application teachers with the lowest average scores will be signed on a yearly basis as long as the teacher continues to make satisfactory progress toward permanent certification/licensure.
5dismissed first. 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 Within Group 3 or RIF. The intent of this language is to allow members of the bargaining unit, who may 4 teachers will 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 determination that a reduction honorably dismissed in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) becomes necessary, the Association shall receive, along with all teachers to be reduced, a inverse seniority list by tenure, including each teacher's area(s) of certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2order. In the event two the District has any vacancies for the following school term, teachers who are honorably dismissed from Group3 or 4 shall have the right to be recalled, provided said teacher (2s) or more teachers' continuous service began are qualified to hold the same date, the date the Board authorized the contract shall take precedencevacant position based on legal qualifications in compliance with School Code. In the event, two (2) or more Tenured teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be given the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted to the teacher who is certified opportunity to teach in other areas not filled by tenured teachers for which they meet the greatest number requirements for proper licensure of subjects.
3the Illinois State Board of Education. Should it become necessary to suspend the contract of any tenured teacher, such suspension Recalls shall be made from tenured teachers first based on teacher evaluation (based on three (3) most recent final evaluations, when available) and second on seniorityaccording to the Illinois School Code.
4. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority 24.1 Whenever the Superintendent, in the exercise of his/her discretion, determines that the District shall be defined as reduce the continuous service or employment as a teacher in number of teachers employed by the District, beginning with the first date District shall (subject to the provisions of the General Laws of the Commonwealth of Massachusetts) implement such reduction by laying off, or not renewing the employment of those teachers without professional teacher reported status for duty as a regular teacher. A regular teacher whose position there is defined as a teacher hired on a limited or continuing contract with appropriate placement on professional teacher status qualified to fill. Once such reduction is implemented and completed, any further reductions shall be as set forth in the adopted salary schedule. Continuous employment for the purpose following provisions of this section Article. The following provisions of this Article do not apply to teachers without professional teacher status. The Superintendent shall include:
1. All Board approved leaves determine the anticipated staffing needs, identify the instructional fields in which the Superintendent intends to reduce the number of absence,
2. All time while on disability retirement up to a maximum teachers employed by the District and select for lay off those teachers having the least "length of five (5) years, and
3. All time during suspension if service" as will in the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 opinion of the Ohio Revised CodeSuperintendent enable the District to meet its anticipated staffing needs and meet the requirements of the last paragraph of Massachusetts General Laws, Chapter 71, Section 42. A teacher whose limited contract has been suspended Thereafter the District shall be considered notify the Association in writing of the District's anticipated staffing needs, the certifications in which the District intends to reduce the number of teachers employed by the District and the teachers selected for reappointment lay off. The Association may within ten days of the receipt of the aforesaid notice deliver notice in writing to fill a subsequent vacancy for which he or she is qualified during the term District containing the names of his or her contractthe teachers having the least length of service as will in the opinion of Association enable the District to accomplish the District's intended reduction. Written notification will indicate The District may after the expiration of the aforesaid ten-day period lay off from the District's employ any one (1) or more of the permissible reason(s) for reduction teachers named in teaching staff noted below in Section C. 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 regular teacher from leave or disability retirement.
4. Elimination or reduction of courses of study provided that District's notice is given to the Association or named in the Association's notice to the District. Lay off under this article shall not be subject to grievance or arbitration as to any given teacher unless (1) the Association has delivered the aforementioned notice of Association to District within the prescribed ten-day period and teachers (2) the dismissed teacher's name does not appear on the aforementioned notice of Association to District. Teachers 2015-2018 A lay off grievable under this article shall be subject to arbitration under Article 4 commencing at paragraph 4.6 if claimed in potentially affected areas writing within 30 days after written notice of lay off to the teacher in question. The issue to be presented to the arbitrator is: whether or not the District has laid off the teacher(s) with the "least `length of service'" that meets the requirements of the last paragraph of Massachusetts General Laws, Chapter 71, Section 42 and, if not, what shall the remedy be. Length of service shall be:
A. The greater of (i) the number of school years, prior to the 1984-1985 school year, that a person presently in this collective bargaining unit was continuously employed in any capacity by the District or its predecessor systems, or (ii) the number of school years, prior to the 1984-1985 school year, that person was employed as early a teacher by the District or its predecessor systems, provided such person is continuously employed in some capacity by District, plus
B. The number of school years subsequent to the 1983-1984 school year that a person is employed by the District for at least 50% of the work schedule of a full-time classroom teacher in a position of "teacher" as possibledefined. Where an employee's work schedule is less than 100% of the work schedule of a full-time teacher but at least 50% of the work schedule of a full-time classroom teacher, but no later than April 30such person shall be credited with a fraction of school year. Additionally, The numerator of such fraction shall be the amount that such person receives as salary from the District and the denominator the amount that such person would have been paid had such person been employed full time. Such fraction shall be rounded to the nearest tenth. On or about October 10 in each year the Superintendent shall sign applications for certification/licensure submitted by teachers deliver to the Association an "October preliminary length of service list" setting forth the "length of service" and certification of each teacher as of October 1. All errors and omissions in those potentially affected areas, when such applications meet list shall be called to the criteria established attention of the Superintendent by the State Department Association in writing. Each teacher shall submit to the Superintendent prior to January 10 of Education for certification/licensure. The application will each year his certification or proof of certifiability (all paper work must be signed on a yearly basis as long as file with Commonwealth to establish proof of certifiability) not appearing on the teacher continues to make satisfactory progress toward permanent certification/licensure"October preliminary length of service list.
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 " On 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 determination that a reduction about January 20 in staff and suspension of one (1) or more contracts is necessary, each year the Superintendent shall cause notice to be given deliver to the affected teacher(s) by April 15 or Association a "January preliminary length of service list" setting forth the "length of service" of each teacher as soon of October 1 and certification as practicable of January 10. All errors and omissions in case notice by April 15 is not possible. In any event, notice the "January preliminary length of service list" shall be given called to the teacher(s) attention of the Committee by the Association in writing prior to recommendation January 30 of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) becomes necessaryeach year. Thereafter, the Association Committee shall receive, along with all teachers to be reduced, publish a seniority list by tenure, including each teacher's area(s) "length of certification/licensure.
G. All suspensions of contracts pursuant to this Article service list" which shall be made as follows:
1final and binding upon all parties. The suspension Service is broken only by a (a) termination of contract shall occur to nonemployment or (b) employment for less than 50% of the work schedule of a full-tenured teachers first by area time classroom teacher except where the employee is on authorized leave of certification/licensureabsence. The second decision point shall be teacher evaluation (based on three (3) most recent final evaluations, when available) and Where the third decision point is seniority.
2. In the event two (2) or more teachers' continuous length of service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) of one or more teachers were hired at having the same Board meetingleast number of years of service is the same, the teacher with the most regular teaching experience lowest level of academic degree shall be selected. If there be more than one teacher so situated, the teacher who has the least number of certifications shall be selected.
24.2 Teachers with professional teacher status who have been laid off pursuant to the provisions of this article may, if permitted by the District's insurer, continue their group life and health insurance coverage for a period of two years by promptly remitting to the District the total Teachers 2015-2018 premium costs in accordance with a mutually agreed upon schedule. Failure to forward premium payments to the District in accordance with the mutually agreed upon schedule shall terminate this right.
24.3 Teachers with professional teacher status who have been laid off pursuant to the provisions of this article shall be given preference on the substitute list, if they so desire, for a period of two years. Compensation shall be at the District's rate for substitute teachers as from time to time established by the Committee.
24.4 Employees with Professional Status
A) Employees will be recalled for vacancies for which they are certified. Employees will remain on a recall list for a period of two (2) years from their date of layoff.
B) An employee who is recalled by the District shall be recalled with no loss of seniority and all benefits he/she had accumulated at the time of his/her layoff.
C) Employees on the recall list will be given first priority in filling substitute teacher vacancies in areas they are certified, if they indicate, in writing, that they desire such employment.
D) When vacancies occur in the certification area(s) of an employee on the recall list, such employee shall be notified by certified mail at his/her last address of record. Failure to respond to the Superintendent of Schools with a letter of interest in the offered position within fourteen (14) calendar days of receipt of such notice, and to commence the assignment within five (5) days if school is in session, shall be considered a rejection of such offer. It shall be the next criteria for establishing seniorityresponsibility of the employees on the recall list to inform the Office of the Superintendent of Schools, in writing, of changes of address.
E) The Principal of the building at which the vacant position is located shall, subject to review and prior approval by the Superintendent and the provisions of Massachusetts General Laws Chapter 71, hire one such teacher and in so hiring the said principal shall consider (a) the relative length of service of said teachers and (b) the areas within which said teachers are certified. If these criteria are also equal, then seniority The decision of the Principal shall not be subject to Article 4.
F) Employees on the recall list shall have priority in filling vacancies as herein before set forth. No new employees shall be granted hired to fill such vacancies until all appropriate employees on the recall list have been offered the vacancy pursuant to the teacher who is certified to teach the greatest number provisions of subjectsthis article.
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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority The parties understand and agree that employment decisions will be made in the best interest of the students and the College; however, the parties recognize that should the Board have to choose from among its full-time faculty as to which should be retained, among the criteria to be considered shall be defined as educational qualifications, efficiency and capacity to meet the continuous educational needs of the community. When criteria are substantially equal, the determining factor shall be length of service or employment as a teacher in the District, beginning with the first date College. Whenever circumstances related to available resources require the teacher reported for duty as College to cut back its programs/staff, any full-time faculty who is 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 part of this section shall include:
1. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract force at the College due to such cutback shall be suspended offered the opportunity of first acceptance or refusal to return to work as specified below: The offer of return pursuant to this rule shall continue for twelve (12) months following the reduction in accordance with Section 3319.17 force caused by the cutback. The provisions cited herein are applicable whenever a vacant position becomes available: • which is substantially similar to the position held by the affected individual at the time of separation caused by the Ohio Revised Codecutback, and • for which the affected individual is qualified or can become qualified within thirty (30) calendar days following return to work. A teacher whose limited contract has been suspended The offer of first acceptance or refusal shall be considered for reappointment to fill a subsequent vacancy for which he or she is qualified during open ten (10) workdays following the term of his or her contract. Written notification will indicate one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified of all vacancies.
C. Reductions in teaching staff shall be made notice 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 regular 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 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given certified mail to the affected teacher(s) individual of the position availability. If no written response is received from the affected individual within that time frame, the College shall conclude the affected individual is no longer interested in employment as provided by April 15 or as soon as practicable in case notice by April 15 this rule. It shall at all times be the responsibility of the affected individual to provide the College a correct mailing address to which to forward any correspondence related hereto. If the offer provided above is not possiblerefused for whatever reason, this rule shall no longer have any applicability to the affected individual’s employment status at the College. In any eventaddition to the foregoing, notice for a period of six (6) months following such a displaced employee’s termination date, the individual displaced pursuant thereto shall be given first consideration for an opening in a position dissimilar to the teacher(s) prior individual’s position eliminated in the cutback, provided the individual in interested and qualified. The provisions of this rule shall be applicable only to recommendation of such action to full-time faculty whose positions are not funded from categorical, sponsored, contracted or project fund sources. Recall shall be in reverse order with the Board.
F. In last faculty member displaced becoming the event that staff reductions and subsequent suspension of contract(s) becomes necessary, the Association shall receive, along with all teachers first to be reduced, a seniority list by tenure, including each teacher's area(s) of certification/licensurerecalled.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority 18-1 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. (Neg. 11-8-93) 18-2 On or about October 30th of each year, the superintendent will provide the association with a 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 regular working hours by any teacher and/or the association.
18-3 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. With respect to reduction in force the principle of seniority within the District shall govern, provided that qualifications are relatively equal, and 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 defined replaced by another teacher not qualified for such assignment or grade level as prescribed above.
18-4 Any post-probationary teacher (employee) in good standing at 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 time of being laid off for the purpose of this reasons stated in section shall include:
1. All Board approved leaves of absence,
2. All time while on disability retirement up 18-1 who wants to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the 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 recall will indicate one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified for a period 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 up to duty of a regular 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 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began years following the same dateeffective date of the layoff that the District intends to fill a vacancy for which the teacher is certified. An employee desiring such notification is required to provide the 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 Board authorized District sends notice of the contract shall take precedencevacancy (via certified mail) to the most current forwarding address provided by the employee. In If the event, two response is received within the above fourteen (214) or more teachers were hired at the same Board meetingday time frame, the teacher District will give preference to the former employee with the most regular teaching experience shall be prior service with the next criteria District over similarly qualified candidates from inside and outside of the District if the former employee meets all qualifications for establishing senioritythe 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 these criteria are also equalno timely request for re-employment is received within fourteen calendar days of the date of mailing the notification(s), then seniority shall the District may immediately refill the position from qualified applicants from within or without the District. (Neg. 11-8-83) 18-5 All benefits to which an employee was entitled at the time of layoff will be granted restored upon return 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. Retention rights shall accrue to all teachers with their respective contract status groups, active employment including but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be not limited to areas of certification/licensureaccumulated sick leave, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights salary placement, subject to their positions as provided by the contract without limitation due no restoration of sick leave that was paid off pursuant to their partArticle 10-time status.
H. Teachers whose contracts have been suspended for the reasons set forth 1-8 and subject to transfer of sick leave between Nevada school districts in this Article shall have recall rights in the following order:accordance with Nevada Law. (Neg. 11-8-83) 19-1 Salary Formula Chart - The base salary is Column I with 0 year of experience. I* II* III* IV* V*
Appears in 1 contract
Sources: Professional Negotiation Agreement
REDUCTION IN FORCE. In 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. The parties shall then meet to determine ways to avoid any reductions in force. 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 the Fall River Public Schools, relevant demonstrated need of the Fall River Public Schools, and quality of performance.
B. Quality of performance shall be determined by evaluations of observed performance.
C. Seniority shall be defined as the length of 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. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstatedFall River Public Schools.
B. If D. Leaves of Absence approved by the School Committee shall not be deemed to interrupt continuous service. Such leaves will not be counted toward seniority.
E. Whenever possible, notification to Paraprofessional(s) affected by a reduction in staff becomes necessary force will be made prior to the close of the school year. In the event of a decision to reduce force during the school year, those Paraprofessional(s) being dismissed will be given a minimum of thirty (30) days' written notice.
F. Paraprofessional(s) dismissed due to reduction in force will be placed 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 defined vacancies occur. The test for re-employment will be seniority in Section D)the Fall River Public Schools, a teacher's contract 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 suspended in accordance with Section 3319.17 hired until all appropriate Paraprofessional(s) on the recall list have been offered the vacancy.
G. Upon return to employment from the recall list, all benefits to which the Paraprofessional(s) was entitled at the time of the Ohio Revised Code. A teacher whose limited contract has been suspended dismissal, including unused accumulated sick leave, 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom restored.
H. During said recall period, employees laid off under 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 regular 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 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to priority on the teacher(s) prior to recommendation of such action to the Boardsubstitute list.
F. I. In the event that staff reductions and subsequent suspension of contract(s) becomes necessarythe Committee determines to re-establish the eliminated positions, the Association employees who have been placed on layoff status and who are in recall status shall receivebe notified by certified mail that such a position is available; the employees so notified shall, along with all teachers within thirty (30) days from the date of the receipt of the letter, respond in writing by certified mail of their intention to be reduced, a seniority list by tenure, including each teacher's area(s) of certification/licensurereturn or not to return to the school system.
G. All suspensions of contracts pursuant to this Article J. The Superintendent shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with assign the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted senior employee among those notified in paragraph "I." to the teacher who is certified to teach the greatest number of subjectsavailable position.
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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 1 contract
Sources: Labor/Management Agreement
REDUCTION IN FORCE. A. Seniority shall be defined as Prior to any decisions being made in reduction of force, the continuous service or employment as a teacher in the District, beginning District agrees to meet and discuss with the first date Association the teacher reported for duty as impact of a regular teacherreduced educational program due to financial necessity. A regular teacher is defined as a teacher hired on a limited or continuing contract with appropriate placement on Further, nonrenewal of provisional employees does not trigger the adopted salary schedule. Continuous employment obligations under this section regardless of the reasons for the purpose of this section shall include:
1nonrenewal. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if Upon the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacherBoard's contract shall be suspended in accordance with Section 3319.17 of the 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 regular 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 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 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 determination that a reduction in certificated staff and suspension of one (1) or more contracts is necessary, such a reduction shall be implemented according to the Superintendent following: The Board of Directors shall cause notice determine the number by which the certificated staff must be cut, and so inform the Association.
A. The necessary cuts in certificated staff shall be made on the basis of the criteria listed below:
1. The District employee having the least number of years of teaching credit within the State of Washington shall be the first terminated and so on up the scale of teaching service within the State of Washington until the certificated staff has been reduced by the number determined necessary by the Board of Directors. All remaining certificated staff will be renewed for the ensuing year.
2. In any instance in which a certificated staff reduction would affect one or more individuals from among those with an identical number of years of teaching credit within the State of Washington, then the following criteria shall be used to determine who shall be terminated, with priority given to the criteria following in the order they are listed.
a. The level of education in terms of quarter hours beyond the BA or BS degree, as reflected on the District's salary schedule, with the individual having the lowest number of credits being the first terminated. Should individuals affected teacher(s) by April 15 this paragraph have the same number of credits beyond the BA or as soon as practicable BS degree, then preference would be given for continued employment to the person holding an MA degree, if that difference existed.
b. When more than one person qualifies for a teaching position under the criteria above, then the individual in case notice by April 15 is not possible. In any eventthe group with the lowest number of years of service within the District shall be terminated.
c. When more than one person qualifies for a teaching position under the criteria above, notice then consideration shall be given to the teacher(s) prior flexibility of the employee within the District's curriculum needs, as determined by the Board of Directors in order to recommendation of such action to determine the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) becomes necessary, the Association shall receive, along with all teachers certificated individual to be reduced, terminated. Those employees terminated as a seniority list by tenure, including each teacher's area(s) result of certification/licensure.
G. All suspensions of contracts pursuant to this Article actions herein described shall be made as follows:
1. The suspension given preference in hiring by the Board 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) Directors and the third decision point is seniority.
2. In District administration upon a subsequent enlargement of the event two (2) certificated staff or more teachers' continuous service began in filling vacancies created by the same dateretirement, the date the Board authorized the contract shall take precedence. In the event, two (2) dismissal or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted to the teacher who is certified to teach the greatest number of subjects.
3. Should it become necessary to suspend the contract departure 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 senioritycertificated employee.
4. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority shall be Section 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 the continuous service or employment as a teacher in determined by the District, beginning subject to the procedures described in this Article.
Section 2: In the case of a personnel reduction and/or a reduction of services, due to the lack of work or lack of money, the employee in the classification affected by the reduction in force with the first 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) calendar year (365 calendar days) of the effective date of the teacher reported reduction in force in the order of their seniority if they remain qualified for duty 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.
Section 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 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 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 regular teacherconsequence of a reduction in force or the disbandment of any division shall be given written notice, at least fifteen (15) 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 regular teacher copy of the notice also shall be delivered to the Union.
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 defined as 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 the current salary is less than the maximum of the lower classification, the employee shall receive the closest salary rate of the lower classification.
Section 9: No employee shall be promoted in a teacher hired on class where a limited or continuing contract with appropriate placement on the adopted salary schedule. Continuous employment for demotion occurred due to a Reduction in Force until those who were demoted are offered positions in that Class.
Section 10: For the purpose of this section shall include:
1. All Board approved leaves Article, employee is representative of absence,
2. All time while on disability retirement up to a maximum those non- supervisory, supervisory, and emergency support personnel covered under Article 2 of five (5) years, and
3. All time during suspension if the teacher is later reinstatedthis Agreement.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 regular 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 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. 11: In the event the District determines that staff reductions and subsequent suspension it will offer employees incentives for voluntary, early separations of contract(s) becomes necessaryservice or retirement, the Association District shall receive, along with all teachers to be reduced, a seniority list by tenure, including each teacher's area(s) of certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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) establish the criteria for eligibility and the third decision point is seniorityamount 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.
2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority The parties understand and agree that employment decisions will be made in the best interest of the students and the College; however, the parties recognize that should the Board have to choose from among its full-time faculty as to which should be retained, among the criteria to be considered shall be defined as educational qualifications, efficiency and capacity to meet the continuous educational needs of the community. When criteria are substantially equal, the determining factor shall be length of service or employment as a teacher in the District, beginning with the first date College. Whenever circumstances related to available resources require the teacher reported for duty as College to cut back its programs/staff, any full-time faculty who is 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 part of this section shall include:
1. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract force at the College due to such cutback shall be suspended offered the opportunity of first acceptance or refusal to return to work as specified below: The offer of return pursuant to this rule shall continue for twelve (12) months following the reduction in accordance with Section 3319.17 force caused by the cutback. The provisions cited herein are applicable whenever a vacant position becomes available: which is substantially similar to the position held by the affected individual at the time of separation caused by the Ohio Revised Codecutback, and for which the affected individual is qualified or can become qualified within thirty (30) calendar days following return to work. A teacher whose limited contract has been suspended The offer of first acceptance or refusal shall be considered for reappointment to fill a subsequent vacancy for which he or she is qualified during open ten (10) workdays following the term of his or her contract. Written notification will indicate one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified of all vacancies.
C. Reductions in teaching staff shall be made notice 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 regular 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 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given certified mail to the affected teacher(s) individual of the position availability. If no written response is received from the affected individual within that time frame, the College shall conclude the affected individual is no longer interested in employment as provided by April 15 or as soon as practicable in case notice by April 15 this rule. It shall at all times be the responsibility of the affected individual to provide the College a correct mailing address to which to forward any correspondence related hereto. If the offer provided above is not possiblerefused for whatever reason, this rule shall no longer have any applicability to the affected individual’s employment status at the College. In any eventaddition to the foregoing, notice for a period of six (6) months following such a displaced employee’s termination date, the individual displaced pursuant thereto shall be given first consideration for an opening in a position dissimilar to the teacher(s) prior individual’s position eliminated in the cutback, provided the individual in interested and qualified. The provisions of this rule shall be applicable only to recommendation of such action to full-time faculty whose positions are not funded from categorical, sponsored, contracted or project fund sources. Recall shall be in reverse order with the Board.
F. In last faculty member displaced becoming the event that staff reductions and subsequent suspension of contract(s) becomes necessary, the Association shall receive, along with all teachers first to be reduced, a seniority list by tenure, including each teacher's area(s) of certification/licensurerecalled.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority The parties understand and agree that employment decisions will be made in the best interest of the students and the College; however, the parties recognize that should the Board have to choose from among its full-time faculty as to which should be retained, among the criteria to be considered shall be defined as educational qualifications, efficiency and capacity to meet the continuous educational needs of the community. When criteria are substantially equal, the determining factor shall be length of service or employment as a teacher in the District, beginning with the first date College. Whenever circumstances related to available resources require the teacher reported for duty as College to cut back its programs/staff, any full-time faculty who is 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 part of this section shall include:
1. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract force at the College due to such cutback shall be suspended offered the opportunity of first acceptance or refusal to return to work as specified below: The offer of return pursuant to this rule shall continue for twelve (12) months following the reduction in accordance with Section 3319.17 force caused by the cutback. The provisions cited herein are applicable whenever a vacant position becomes available: which is substantially similar to the position held by the affected individual at the time of separation caused by the Ohio Revised Codecutback, and for which the affected individual is qualified or can become qualified within thirty (30) calendar days following return to work. A teacher whose limited contract has been suspended The offer of first acceptance or refusal shall be considered for reappointment to fill a subsequent vacancy for which he or she is qualified during open ten (10) workdays following the term of his or her contract. Written notification will indicate one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified of all vacancies.
C. Reductions in teaching staff shall be made notice 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 regular 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 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given certified mail to the affected teacher(s) individual of the position availability. If no written response is received from the affected individual within that time frame, the College shall conclude the affected individual is no longer interested in employment as provided by April 15 or as soon as practicable in case notice by April 15 this rule. It shall at all times be the responsibility of the affected individual to provide the College a correct mailing address to which to forward any correspondence related hereto. If the offer provided above is not possiblerefused for whatever reason, this rule shall no longer have any applicability to the affected individual’s employment status at the College. In any eventaddition to the foregoing, notice for a period of six (6) months following such a displaced employee’s termination date, the individual displaced pursuant thereto shall be given first consideration for an opening in a position dissimilar to the teacher(s) prior individual’s position eliminated in the cutback, provided the individual in interested and qualified. The provisions of this rule shall be applicable only to recommendation of such action to full-time faculty whose positions are not funded from categorical, sponsored, contracted or project fund sources. Recall shall be in reverse order with the Board.
F. In last faculty member displaced becoming the event that staff reductions and subsequent suspension of contract(s) becomes necessary, the Association shall receive, along with all teachers first to be reduced, a seniority list by tenure, including each teacher's area(s) of certification/licensurerecalled.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority 25.1 Whenever the Superintendent, in the exercise of his/her discretion, determines that the District shall be defined as reduce the continuous service or employment as a teacher in number of teachers employed by the District, beginning with the first date District shall (subject to the provisions of the General Laws of the Commonwealth of Massachusetts) implement such reduction by laying off, or not renewing the employment of those teachers without professional teacher reported status for duty as a regular teacher. A regular teacher whose position there is defined as a teacher hired on a limited or continuing contract with appropriate placement on professional teacher status qualified to fill. Once such reduction is implemented and completed, any further reductions shall be as set forth in the adopted salary schedule. Continuous employment for the purpose following provisions of this section Article. The following provisions of this Article do not apply to teachers without professional teacher status. The Superintendent shall include:
1. All Board approved leaves determine the anticipated staffing needs, identify the instructional fields in which the Superintendent intends to reduce the number of absence,
2. All time while on disability retirement up to a maximum teachers employed by the District and select for lay off those teachers having the least "length of five (5) years, and
3. All time during suspension if service" as will in the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 opinion of the Ohio Revised CodeSuperintendent enable the District to meet its anticipated staffing needs and meet the requirements of the last paragraph of Massachusetts General Laws, Chapter 71, Section 42. A teacher whose limited contract has been suspended Thereafter the District shall be considered notify the Association in writing of the District's anticipated staffing needs, the certifications in which the District intends to reduce the number of teachers employed by the District and the teachers selected for reappointment lay off. The Association may within ten days of the receipt of the aforesaid notice deliver notice in writing to fill a subsequent vacancy for which he or she is qualified during the term District containing the names of his or her contractthe teachers having the least length of service as will in the opinion of Association enable the District to accomplish the District's intended reduction. Written notification will indicate The District may after the expiration of the aforesaid ten-day period lay off from the District's employ any one (1) or more of the permissible reason(s) for reduction teachers named in teaching staff noted below in Section C. 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 regular teacher from leave or disability retirement.
4. Elimination or reduction of courses of study provided that District's notice is given to the Association or named in the Association's notice to the District. Lay off under this article shall not be subject to grievance or arbitration as to any given teacher unless (1) the Association has delivered the aforementioned notice of Association to District within the prescribed ten-day period and teachers (2) the dismissed teacher's name does not appear on the aforementioned notice of Association to District. Teacher 2019-2022 A lay off grievable under this article shall be subject to arbitration under Article 4 commencing at paragraph 4.6 if claimed in potentially affected areas writing within 30 days after written notice of lay off to the teacher in question. The issue to be presented to the arbitrator is: whether or not the District has laid off the teacher(s) with the "least `length of service'" that meets the requirements of the last paragraph of Massachusetts General Laws, Chapter 71, Section 42 and, if not, what shall the remedy be. Length of service shall be:
A. The greater of (i) the number of school years, prior to the 1984-1985 school year, that a person presently in this collective bargaining unit was continuously employed in any capacity by the District or its predecessor systems, or (ii) the number of school years, prior to the 1984-1985 school year, that person was employed as early a teacher by the District or its predecessor systems, provided such person is continuously employed in some capacity by District, plus
B. The number of school years subsequent to the 1983-1984 school year that a person is employed by the District for at least 50% of the work schedule of a full-time classroom teacher in a position of "teacher" as possibledefined. Where an employee's work schedule is less than 100% of the work schedule of a full-time teacher but at least 50% of the work schedule of a full-time classroom teacher, but no later than April 30such person shall be credited with a fraction of school year. Additionally, The numerator of such fraction shall be the amount that such person receives as salary from the District and the denominator the amount that such person would have been paid had such person been employed full time. Such fraction shall be rounded to the nearest tenth. On or about October 10 in each year the Superintendent shall sign applications for certification/licensure submitted by teachers deliver to the Association an "October preliminary length of service list" setting forth the "length of service" and certification of each teacher as of October 1. All errors and omissions in those potentially affected areas, when such applications meet list shall be called to the criteria established attention of the Superintendent by the State Department Association in writing. Each teacher shall submit to the Superintendent prior to January 10 of Education for certification/licensure. The application will each year his certification or proof of certifiability (all paper work must be signed on a yearly basis as long as file with Commonwealth to establish proof of certifiability) not appearing on the teacher continues to make satisfactory progress toward permanent certification/licensure"October preliminary length of service list.
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 " On 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 determination that a reduction about January 20 in staff and suspension of one (1) or more contracts is necessary, each year the Superintendent shall cause notice to be given deliver to the affected teacher(s) by April 15 or Association a "January preliminary length of service list" setting forth the "length of service" of each teacher as soon of October 1 and certification as practicable of January 10. All errors and omissions in case notice by April 15 is not possible. In any event, notice the "January preliminary length of service list" shall be given called to the teacher(s) attention of the Committee by the Association in writing prior to recommendation January 30 of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) becomes necessaryeach year. Thereafter, the Association Committee shall receive, along with all teachers to be reduced, publish a seniority list by tenure, including each teacher's area(s) "length of certification/licensure.
G. All suspensions of contracts pursuant to this Article service list" which shall be made as follows:
1final and binding upon all parties. The suspension Service is broken only by a (a) termination of contract shall occur to nonemployment or (b) employment for less than 50% of the work schedule of a full-tenured teachers first by area time classroom teacher except where the employee is on authorized leave of certification/licensureabsence. The second decision point shall be teacher evaluation (based on three (3) most recent final evaluations, when available) and Where the third decision point is seniority.
2. In the event two (2) or more teachers' continuous length of service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) of one or more teachers were hired at having the same Board meetingleast number of years of service is the same, the teacher with the most regular teaching experience lowest level of academic degree shall be selected. If there be more than one teacher so situated, the teacher who has the least number of certifications shall be selected.
25.2 Teachers with professional teacher status who have been laid off pursuant to the provisions of this article may, if permitted by the District's insurer, continue their group life and health insurance coverage for a period of two years by promptly remitting to the District the total Teacher 2019-2022 premium costs in accordance with a mutually agreed upon schedule. Failure to forward premium payments to the District in accordance with the mutually agreed upon schedule shall terminate this right.
25.3 Teachers with professional teacher status who have been laid off pursuant to the provisions of this article shall be given preference on the substitute list, if they so desire, for a period of two years. Compensation shall be at the District's rate for substitute teachers as from time to time established by the Committee.
25.4 Employees with Professional Status
A) Employees will be recalled for vacancies for which they are certified. Employees will remain on a recall list for a period of two (2) years from their date of layoff.
B) An employee who is recalled by the District shall be recalled with no loss of seniority and all benefits he/she had accumulated at the time of his/her layoff.
C) Employees on the recall list will be given first priority in filling substitute teacher vacancies in areas they are certified, if they indicate, in writing, that they desire such employment.
D) When vacancies occur in the certification area(s) of an employee on the recall list, such employee shall be notified by certified mail at his/her last address of record. Failure to respond to the Superintendent of Schools with a letter of interest in the offered position within fourteen (14) calendar days of receipt of such notice, and to commence the assignment within five (5) days if school is in session, shall be considered a rejection of such offer. It shall be the next criteria for establishing seniorityresponsibility of the employees on the recall list to inform the Office of the Superintendent of Schools, in writing, of changes of address.
E) The Principal of the building at which the vacant position is located shall, subject to review and prior approval by the Superintendent and the provisions of Massachusetts General Laws Chapter 71, hire one such teacher and in so hiring the said principal shall consider (a) the relative length of service of said teachers and (b) the areas within which said teachers are certified. If these criteria are also equal, then seniority The decision of the Principal shall not be subject to Article 4.
F) Employees on the recall list shall have priority in filling vacancies as herein before set forth. No new employees shall be granted hired to fill such vacancies until all appropriate employees on the recall list have been offered the vacancy pursuant to the teacher who is certified to teach the greatest number provisions of subjectsthis article.
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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority shall be defined as The School District retains the continuous service or employment as a teacher exclusive right and sole responsibility to determine the number of professional and other positions needed in the Districtschool system, beginning with including the first date right to determine the teacher reported number of employees to be laid off, recalled or that a particular type of service should be discontinued in whole or in part. Such decisions shall not be subject to the Grievance and Arbitration Procedure, but, once made, the following policy 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. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstatedreduction in personnel will be followed.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of 9.1 In the 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 event one (1) or of more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 regular 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 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 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 must be laid off, the School District will take into consideration the needs of the bargaining unitschool system (including, who may but not limited to, the balance of staff required to maintain services, desired hours and the balance of full time and part time positions required to adequately fill the work schedule), the relative qualifications, skill and ability of employees, their length of service and any other relevant factors concerning job performance. Where in the opinion of the School District the needs of the system and the relative qualifications, skill, ability and other relevant factors are substantially equal, employees will be directly or indirectly affected by laid off in the elimination or reduction order of courses their seniority within the job classifications concerned, those of study, ample time least seniority to protect their rights or RIFbe laid off first.
E. Having made a determination that a reduction 9.2 Employees whose employment will be terminated in staff and suspension of one (1) full or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice part shall be given notice at least ten (10) days prior to the teacher(s) prior to recommendation layoff date. The Association will also be forwarded a copy of such action the notice.
9.3 If employees who are laid off request in writing to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) becomes necessary, the Association shall receive, along with all teachers Superintendent to be reducedplaced on recall, then during a seniority list by tenure, including each teacher's area(s) period of certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began years from the effective date of their layoff, such employees shall be given preference for recall as vacancies develop to the same dateor similar positions for which they are qualified.
9.4 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 this acceptance of the position being offered with ten (10) business days following the date of mailing or said notice or forfeit all recall rights.
9.5 Employees recalled pursuant to the Board authorized above provisions shall be credited with all accrued time in the contract shall take precedence. In service of the eventSchool District prior to the effective date of layoff for the purposes of placement on the salary schedule, two (2) or more teachers were hired at entitlement to other benefits based upon length of service and any previously unused sick leave.
9.6 For the same Board meetingpurposes of this article, the teacher with seniority will be defined as the most regular teaching experience recent period of unbroken service in the Nashoba Regional School District, including years of service in the contributing towns, provided that approved leaves of absence, previous layoffs and military service do not constitute a break in service.
9.7 During the recall period employees shall be entitled to participate in all group life, accidental and health insurance programs by paying one hundred (100%) percent of the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted to the teacher who is certified to teach the greatest number of subjectspremiums.
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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 1 contract
Sources: Collective Bargaining 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. decreased 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 shall will be defined as the length of continuous service or employment as a teacher certificated employee under a regular full-time contract 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. All Board approved leaves of absence,
2. All time while on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If 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 becomes necessary (as defined in Section D), will be kept to a teacher's contract shall be suspended minimum by not employing replacements for employees who retire or resign or by not replacing employees who are non-renewed in accordance with Section 3319.17 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 Ohio Revised CodeSuperintendent of Schools who shall recommend suspensions of contracts in a teaching field by giving preference to teachers on continuing contracts. A teacher 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 contract has been contracts were suspended shall be considered continue through the next three (3) full school years. Restoration rights for reappointment those employees with continuing contracts shall continue until the employee is returned to fill a subsequent vacancy for which he or she is qualified during the term of his or her contract. Written notification will indicate one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified of all vacanciesposition.
C. Reductions in teaching staff shall 1. No new employees will be made employed by the Board while there are employees on the recall list who are certified for the following reasons:
1. Decrease vacancy and in pupil enrollmentthe case of employees who were serving under limited contracts have either: a) taught for at least sixty (60) days in the area of certification in which the vacancy exists during the six (6) years preceding the reduction; or b) taken an academic refresher course in the area of certification during the preceding six (6) calendar years.
2. Suspension Employees on the recall list will be recalled in the order of schools or territorial changes affecting layoff for vacancies in the school districtareas for which they are certified.
3. Return If a vacancy occurs, the Board will mail, Certified Mail, return receipt requested, or deliver a letter to duty 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 filed in the employee’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 informed of his/her current address. All employees are required to respond in writing to the District office within ten (10) calendar days after receipt of the letter. The most senior of those timely responding will be given the vacant position(s). Any employee who fails to respond within such ten (10) calendar days after delivery of a regular teacher from leave letter or disability retirementwho declines to accept a position which is offered, will forfeit all future recall rights. If the certified letter sent by the Board to an employee is returned undelivered by the U.S. Post Office to the Board, the employee shall not lose future recall rights under this policy.
4. Elimination or reduction of courses of study provided that notice is given to An employee on the Association and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, the 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 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/licensurerecall list will, upon other members acceptance of notification to resume active employment status, return to active employment status with the bargaining unit with regard to rights or RIF. The intent same seniority, accumulation of this language is to allow members sick leave, and salary schedule placement as he/she enjoyed at the time 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Boardlayoff.
F. In During the event that staff reductions and subsequent suspension of contract(s) becomes necessaryrestoration period, the Association employee shall receivebe eligible to have his/her insurance coverage continued for up to eighteen (18) months, along with all teachers to be reduced, a seniority list by tenure, including each teacher's area(s) of certification/licensureprovided the employee pays the premium.
G. All suspensions The parties agree that these procedures apply only to the suspension of contracts pursuant to this for reasons listed under Ohio Revised Code §3319.17 or for financial reasons as defined above. This Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date not require the Board authorized the contract to fill any vacancy, nor shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher it interfere with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights other lawful personnel procedures in the following order:District.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority shall be defined The term reduction-in-force (RIF), or layoff, as used herein refers to the continuous service discharge or employment termination of a bargaining unit employee by the District due to decrease in revenue, decrease in student enrollment, reduced demand or participation in programs or activities, a decrease or revision of educational programs as a teacher determined by the School Board in good-faith exercise of discretion, consolidation or de-consolidation involving the District, beginning Court orders, Orders of the Secretary of Education, legislative mandates, and/or unanticipated financial or programmatic exigencies identified by the Superintendent which warrants initiation of a RIF process. The Superintendent shall exercise discretion in good faith and determination that a RIF is necessary shall be based on bona fide educational consideration and shall not be a subterfuge for discharging or terminating employees without just cause.
A. A seniority list shall be prepared and given to the Association President by the District upon written request once per school year and prior to the implementation of a RIF. This list shall include name, date of hire, license(s), and endorsement(s).
B. If the District is contemplating the layoff of any bargaining unit employee, it will notify the Association President at least fifteen (15) workdays before the proposed effective date of the layoff. Such notice to the Association President will be in writing and will include the reasons for the proposed action and the number and classification(s) affected.
C. The Association President may request to meet with the first date District to discuss possible alternatives to the teacher reported for duty RIF by submitting such request in writing to the Superintendent within five (5) working days of receipt of the notice of RIF as set forth in subsection C., above. The Superintendent, or designee if the Superintendent is not available, will meet with the Association President within five (5) workdays of receipt of the request.
D. If a regular teacher. A regular teacher is defined as a teacher hired on a limited or continuing contract with appropriate placement on RIF becomes necessary, the adopted salary schedule. Continuous employment for the purpose of this section shall includefollowing guidelines will be in effect:
1. All Board approved leaves Normal attrition due to resignations/retirements will be relied upon as the first means of absence,reducing staff.
2. All time while on disability retirement up If attrition does not result in the required reduction in staff, the Superintendent shall determine the staff members to a maximum be RIF’d. The criteria to be used will include, but not be limited to :
a. Qualifications and/or licensure, endorsements and certifications of five (5) years, and
3. All time during suspension if bargaining unit employees to meet the teacher is later reinstatedDistrict’s needs.
B. If b. Overall experience, training, and ability.
c. Past contributions to the District.
d. All other things being equal, seniority.
E. Seniority for purposes of this article only, will mean years of continuous service within a reduction in staff becomes necessary (bargaining unit classification.
F. Bargaining unit employees who will be RIF’d will receive written notice as defined in Section D)soon as practical.
G. In the event a RIF’d employee is recalled and is employed by another school district, business, or organization, the employee will be allowed to complete two weeks’ notice with such employer.
H. An employee will be placed on a teacher's contract shall be suspended in accordance with Section 3319.17 of the Ohio Revised Code. A teacher whose limited contract has been suspended shall be considered recall list 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 one (1) year from the date of layoff. An employee may waive such recall rights in writing. An employee will be considered to have waived recall rights if the employee fails to accept a recall to a position for which he/she is qualified, or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers fails to whom this paragraph applies shall be notified of all vacanciestimely to respond to a recall.
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 regular teacher from leave or disability retirement.
4. Elimination or reduction of courses of study provided that notice I. An employee who is given to the Association and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, the 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 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 determination that a reduction in staff and suspension of recalled within one (1) or more contracts year time period set forth above, will have his/her benefits restored, including unused accumulated sick leave, which remains in existence at the time the employee returns to the District. The employee will be placed on the proper step of the applicable salary schedule for his/her current position according to his/her experience and education, but no credit will be given for time spent on layoff nor counted toward years of service.
J. An employee who is necessarylaid off may request, the Superintendent shall cause notice in writing, to be given to placed on the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 substitute list for which he/she is not possiblequalified. In any event, notice shall Laid off employees who have been placed on a substitute list will be given to the teacher(s) contacted for available substitute positions prior to recommendation other substitutes for one (1) year following the date of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) becomes necessary, the Association shall receive, along with all teachers to layoff. Laid off employees will be reduced, a listed in seniority list by tenure, including each teacher's area(s) of certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. The suspension of contract shall occur to non-tenured teachers first by area of certification/licensure. The second decision point shall be teacher evaluation (order based on three (3) most recent final evaluations, when available) and the third decision point is seniority.
2. In the event two (2) or more teachers' continuous years of service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights District in the following order:position they will act as a substitute.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority shall be defined The term reduction-in-force (RIF), or layoff, as used herein refers to the continuous service discharge or employment termination of a bargaining unit employee by the District due to decrease in revenue, decrease in student enrollment, reduced demand or participation in programs or activities, a decrease or revision of educational programs as a teacher determined by the School Board in good-faith exercise of discretion, consolidation or de-consolidation involving the District, beginning Court orders, Orders of the Secretary of Education, legislative mandates, and/or unanticipated financial or programmatic exigencies identified by the Superintendent which warrants initiation of a RIF process. The Superintendent shall exercise discretion in good faith and determination that a RIF is necessary shall be based on bona fide educational consideration and shall not be a subterfuge for discharging or terminating employees without just cause.
A. A seniority list shall be prepared and given to the Association President by the District upon written request once per school year and prior to the implementation of a RIF. This list shall include name, date of hire, license(s), and endorsement(s).
B. If the District is contemplating the layoff of any bargaining unit employee, it will notify the Association President at least fifteen (15) workdays before the proposed effective date of the layoff. Such notice to the Association President will be in writing and will include the reasons for the proposed action and the number and classification(s) affected.
C. The Association President may request to meet with the first date District to discuss possible alternatives to the teacher reported for duty RIF by submitting such request in writing to the Superintendent within five (5) working days of receipt of the notice of RIF as set forth in subsection C., above. The Superintendent, or designee if the Superintendent is not available, will meet with the Association President within five (5) workdays of receipt of the request.
D. If a regular teacher. A regular teacher is defined as a teacher hired on a limited or continuing contract with appropriate placement on RIF becomes necessary, the adopted salary schedule. Continuous employment for the purpose of this section shall includefollowing guidelines will be in effect:
1. All Board approved leaves Normal attrition due to resignations/retirements will be relied upon as the first means of absence,reducing staff.
2. All time while on disability retirement up If attrition does not result in the required reduction in staff, the Superintendent shall determine the staff members to a maximum be RIF’d. The criteria to be used will include, but not be limited to:
a. Qualifications and/or licensure, endorsements, and certifications of five (5) years, and
3. All time during suspension if bargaining unit employees to meet the teacher is later reinstatedDistrict’s needs.
B. If b. Overall experience, training, and ability.
c. Past contributions to the District.
d. All other things being equal, seniority.
E. Seniority for purposes of this article only, will mean years of continuous service within a reduction in staff becomes necessary (bargaining unit classification.
F. Bargaining unit employees who will be RIF’d will receive written notice as defined in Section D)soon as practical.
G. In the event a RIF’d employee is recalled and is employed by another school district, business, or organization, the employee will be allowed to complete two weeks’ notice with such employer.
H. An employee will be placed on a teacher's contract shall be suspended in accordance with Section 3319.17 of the Ohio Revised Code. A teacher whose limited contract has been suspended shall be considered recall list 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 one (1) year from the date of layoff. An employee may waive such recall rights in writing. An employee will be considered to have waived recall rights if the employee fails to accept a recall to a position for which he/she is qualified or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers fails to whom this paragraph applies shall be notified of all vacanciestimely to respond to a recall.
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 regular teacher from leave or disability retirement.
4. Elimination or reduction of courses of study provided that notice I. An employee who is given to the Association and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, the 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 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 determination that a reduction in staff and suspension of recalled within one (1) or more contracts year time period set forth above, will have his/her benefits restored, including unused accumulated sick leave, which remains in existence at the time the employee returns to the District. The employee will be placed on the proper step of the applicable salary schedule for his/her current position according to his/her experience and education, but no credit will be given for time spent on layoff nor counted toward years of service.
J. An employee who is necessarylaid off may request, the Superintendent shall cause notice in writing, to be given to placed on the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 substitute list for which he/she is not possiblequalified. In any event, notice shall Laid off employees who have been placed on a substitute list will be given to the teacher(s) contacted for available substitute positions prior to recommendation other substitutes for one (1) year following the date of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) becomes necessary, the Association shall receive, along with all teachers to layoff. Laid off employees will be reduced, a listed in seniority list by tenure, including each teacher's area(s) of certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. The suspension of contract shall occur to non-tenured teachers first by area of certification/licensure. The second decision point shall be teacher evaluation (order based on three (3) most recent final evaluations, when available) and the third decision point is seniority.
2. In the event two (2) or more teachers' continuous years of service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights District in the following order:position they will act as a substitute.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority shall be defined as In the continuous service event it becomes necessary to terminate or employment as a teacher in reduce the Districthours of an employee due to economic cause, beginning with declining enrollment or reorganization, 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 includefollowing procedure will apply:
1. All Board approved leaves of absence,A determination by the Committee that a reduction in force shall be made.
2. All time while on disability retirement up to a maximum The Committee shall be the sole judge of five (5) years, andthe numerical extent of the reduction.
3. All The Administration will determine which subject, grade level, position, or areas will be affected.
4. The Administration will determine the number of hours a teacher would work pursuant to this Article.
a. That teachers employed at the discretion of the Committee shall have the protection accorded them by the General Laws, when and if applicable; and
b. Any professional employee whose position is eliminated shall:
1. Be transferred to an open position for which he/she is certified or if this is not possible, then;
2. Replace an employee with lower seniority teaching in any position for which the more senior employee is certified.
5. Seniority is measured in terms of a teacher’s length of continuous service in years, months, and days from their last date of employment by the School Committee. Teachers shall be credited for Seniority purposes with all time during suspension if 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 is later reinstatedwith the highest academic degree as of October 1st of the current academic year.
B. 7. 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 within fifteen (15) days after the said list is received by the Association. If there are no challenges, the list shall stand for the full school year and the next annual list is established.
8. When layoff action occurs, the Association shall 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 becomes necessary (as defined must be notified in Section D), a teacher's contract writing. Said notice shall include the reason for the layoff. Teachers who have been laid off under the provision of this paragraph shall be suspended 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 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 have been laid off shall be given 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 the right to dismiss, layoff, or otherwise terminate the services of a teacher serving or not serving at the discretion of the Committee in accordance with Section 3319.17 Chapter 71 or any other applicable statue of the 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies shall be notified of all vacanciesGeneral Laws.
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 regular 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 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 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority shall be defined as the continuous service or employment as a teacher in the DistrictReasons for RIF Any reduction of staff because of decreased enrollment of pupils, beginning with the first date the teacher reported for return to duty as a of 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. All Board approved teachers after leaves of absence,
2. All time while on disability retirement up to a maximum absences, financial reasons, or by reasons of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 districtDistrict, abolishment of positions, or due to there being no vacant position for teachers who were once administrators in the District, or any other reasons authorized by ORC 3319.17 shall first be made through attrition resulting from resignation, retirement, and transfers. The Board of Education may then suspend contracts to complete the reduction plan.
B. Notification of RIF
1. The Board will notify the Association in writing of an impending RIF not less than thirty (30) days prior to Board action to implement the RIF. This notice will include:
a. The reasons for the RIF;
b. The specific position(s) being reduced;
c. The number of employees affected;
d. The name(s) of the employees to be affected;
e. The date of Board action on the RIF;
f. The effective date of the RIF;
2. Upon receipt of the notification, the Association may request a meeting with the Superintendent or his/her designee(s) to review the proposed RIF. A meeting shall be scheduled within ten (10) days of the request. If the RIF is for financial reasons, a detailed report on the financial affairs of the District will be provided to the Association President.
3. Return An employee to duty be laid-off due to a RIF will be notified in writing not less than ten (10) working days prior to Board action to implement the RIF. This notice will include:
a. The reasons for the RIF; reasons shall not be arbitrary or capricious.
b. The date of a regular teacher from leave or disability retirementBoard action on the RIF.
c. The effective date of the RIF.
4. Elimination or reduction of courses of study provided that notice is given to Disagreements regarding RIF procedures shall be resolved through the Association grievance procedure and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, the 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 make satisfactory progress toward permanent certification/licensureinitiated at Step III.
5. Financial reasonsNo reduction in force for the following school year shall be implemented after April 30. Further, this shall be the only time RIF shall be implemented.
D. The Superintendent 6. No reduction in force shall meet with representatives be accomplished through the nonrenewal or termination of the Association by April 30 to discuss the possible effects, resulting from the issuance contract of temporary certification/licensure, upon other members of the any bargaining unit with regard member. However, the Board may nonrenew or terminate a teacher pursuant to rights or RIFORC 3319.11 and 3319.16 respectively while a reduction in force is in process. The intent Board shall decide whether or not to replace a teacher who has been nonrenewed or terminated.
C. Seniority
1. Every teacher’s name shall appear in order of this language seniority on a list for his/her areas of certification. Those teachers who have more than one (1) area of certification shall have their name on several different lists. This list shall be maintained and updated on an annual basis and provided to the Association. Changes to the list will be provided to the Association no later than September 30 of each year.
2. Seniority is to allow members based on the length of continuous service in the bargaining unit, who may be directly or indirectly which is not affected by authorized leaves of absence. For purposes of RIF seniority, a teacher becoming eligible for a continuing contract during the elimination or reduction term of courses of studya limited contract, ample time to protect their rights or RIF.
E. Having made shall be considered as if they had a determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or continuing contract as soon as practicable in case notice by April 15 is not possiblethey meet all of the requirements. In any event, notice Teachers with continuing contracts shall be given deemed senior to all teachers on limited contracts. Seniority of teachers who resign and are subsequently reemployed shall begin at the teacher(s) prior to recommendation date of such action to the Boardreemployment.
F. In the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
13. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, Where two (2) or more teachers were hired have joined the system at the same time, their names are arranged on the seniority lists based on the school board meeting at which they were hired. Those teachers employed on the same date shall use the date on their application form for seniority purposes. If two (2) or more teachers employed on the same date have the same application date, then the order in which their names appear in the Board meeting, the teacher with the most regular teaching experience minutes shall be used to break the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted to the teacher who is certified to teach the greatest number of subjectstie.
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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 1 contract
Sources: Master Agreement
REDUCTION IN FORCE. A. Seniority 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:
SECTION 1. All Board approved leaves of absence,
2. All time while Management agrees to notify the Union at the earliest possible date after decisions have been made on disability retirement up to a maximum of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If proposed actions which will result in a reduction in staff becomes force which would affect employees in the unit of recognition. The Union shall have the opportunity to make its views and recommendations known concerning the implementation of such actions.
SECTION 2. Definition of reduction in force. An agency has a reduction in force when it releases an employee from his or her competitive level by separation, demotion, furlough for more than 30 days, or reassignment requiring displacement, when lack of work or funds, reorganization, reclassification due to a change of duties, insufficient personnel ceilings, or the need to make a place for a person exercising reemployment or restoration rights requires the agency to release the employee.
SECTION 3. To eliminate or minimize the adverse effect upon employees in a reduction in-force situation, Management shall to the maximum extent feasible, considering agency needs attempt to achieve the necessary (personnel reductions by using alternatives to a RIF. These are items such as defined in Section D)but not limited to attrition, a teacher's contract providing opportunity to retire when possible, reassignment, reimbursable details, and the freezing of vacancies for the duration of the RIF.
SECTION 4. Management shall give written specific notices at least 60 days before action is effected to both the employee who is selected for release as well as to the employee’s exclusive representative.
SECTION 5. All relevant retention registers shall be suspended available for review in the office of the GLERL Administrative Officer as soon as the employees receive their specific notices. Employees shall be in a duty status when reviewing the relevant retention registers if he/she would otherwise be in a duty status.
SECTION 6. Upon receipt of a specific notice with an offer of reassignment, the employee shall have 10 days to either accept or reject said offer of reassignment. Management will endeavor to consider the employee for other vacancies.
SECTION 7. Payment for geographic relocation as a result of reassignment under a reduction in force shall be in accordance with Section 3319.17 of the Ohio Revised CodeNOAA travel regulations.
SECTION 8. A teacher whose limited contract has been suspended shall be considered for reappointment Management agrees to fill offer a subsequent vacancy for which he or she is qualified during the term of his or her contracttraining session to available employees on reduction-in-force procedures. Written notification will indicate one (1) or more of the permissible reason(s) for Each employee affected by reduction in teaching staff noted below in Section C. Teachers to whom this paragraph applies force shall be notified receive an INFORMATION SUPPLEMENT RELATING TO REDUCTION IN FORCE that provides guidance on Department of Commerce
SECTION 9. The agency shall preserve 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 regular teacher from leave or disability retirement.
4. Elimination or reduction of courses of study provided that notice is given registers and records relating to the Association and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, the 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 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 determination that a reduction in staff and suspension of force for at least one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, year from the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted to the teacher who employee is certified to teach the greatest number of subjectsissued a specific reduction-in force notice.
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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority shall be defined The term reduction-in-force (RIF), or layoff, as used herein refers to the continuous service discharge or employment termination of a bargaining unit employee by the District due to decrease in revenue, decrease in student enrollment, reduced demand or participation in programs or activities, a decrease or revision of educational programs as a teacher determined by the School Board in good-faith exercise of discretion, consolidation or de-consolidation involving the District, beginning Court orders, Orders of the Secretary of Education, legislative mandates, and/or unanticipated financial or programmatic exigencies identified by the Superintendent which warrants initiation of a RIF process. The Superintendent shall exercise discretion in good faith and determination that a RIF is necessary shall be based on bona fide educational consideration and shall not be a subterfuge for discharging or terminating employees without just cause.
A. A seniority list shall be prepared and given to the Association President by the District upon written request once per school year and prior to the implementation of a RIF. This list shall include name, date of hire, license(s), and endorsement(s).
B. If the District is contemplating the layoff of any bargaining unit employee, it will notify the Association President at least fifteen (15) workdays before the proposed effective date of the layoff. Such notice to the Association President will be in writing and will include the reasons for the proposed action and the number and classification(s) affected.
C. The Association President may request to meet with the first date District to discuss possible alternatives to the teacher reported for duty RIF by submitting such request in writing to the Superintendent within five (5) working days of receipt of the notice of RIF as set forth in subsection C., above. The Superintendent, or designee if the Superintendent is not available, will meet with the Association President within five (5) workdays of receipt of the request.
D. If a regular teacher. A regular teacher is defined as a teacher hired on a limited or continuing contract with appropriate placement on RIF becomes necessary, the adopted salary schedule. Continuous employment for the purpose of this section shall includefollowing guidelines will be in effect:
1. All Board approved leaves Normal attrition due to resignations/retirements will be relied upon as the first means of absence,reducing staff.
2. All time while on disability retirement up If attrition does not result in the required reduction in staff, the Superintendent shall determine the staff members to a maximum be RIF’d. The criteria to be used will include, but not be limited to:
a. Qualifications and/or licensure, endorsements, and certifications of five (5) years, and
3. All time during suspension if bargaining unit employees to meet the teacher is later reinstatedDistrict’s needs.
B. If b. Overall experience, training, and ability.
c. Past contributions to the District.
d. All other things being equal, seniority.
E. Seniority for purposes of this article only, will mean years of continuous service within a reduction in staff becomes necessary (bargaining unit classification.
F. Bargaining unit employees who will be RIF’d will receive written notice as defined in Section D)soon as practical.
G. In the event a RIF’d employee is recalled and is employed by another school district, business, or organization, the employee will be allowed to complete two weeks’ notice with such employer.
H. An employee will be placed on a teacher's contract shall be suspended in accordance with Section 3319.17 of the Ohio Revised Code. A teacher whose limited contract has been suspended shall be considered recall list 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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 regular 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 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 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 year 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 determination that a reduction in staff and suspension of one (1) or more contracts is necessary, the Superintendent shall cause notice to be given to the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possible. In any event, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) 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 certification/licensure.
G. All suspensions of contracts pursuant to this Article shall be made as follows:
1. 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 third decision point is seniority.
2. In the event two (2) or more teachers' continuous service began the same date, the date the Board authorized the contract shall take precedence. In the event, two (2) or more teachers were hired at the same Board meeting, the teacher with the most regular teaching experience shall be the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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. Retention rights shall accrue to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensure.
5. Part-time regular teachers shall have seniority and retention rights to their positions as provided by the contract without limitation due to their part-time status.
H. Teachers whose contracts have been suspended for the reasons set forth in this Article shall have recall rights in the following order:of
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN FORCE. A. Seniority shall A reasonable reduction of instructional staff members may be defined as made in the continuous service or employment event that a reduction becomes necessary as a teacher in the Districtresult of a decreased enrollment of pupils, beginning with the first date the teacher reported for return to duty as a of 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. All Board approved teachers after leaves of absence,
2. All time while on disability retirement up to a maximum , or by reason of five (5) years, and
3. All time during suspension if the teacher is later reinstated.
B. If a reduction in staff becomes necessary (as defined in Section D), a teacher's contract shall be suspended in accordance with Section 3319.17 of the 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 one (1) or more of the permissible reason(s) for reduction in teaching staff noted below in Section C. 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., or lack of funds. When such reduction is deemed necessary, the reduction will be made in accordance with the following provisions:
31. Return Prior to duty of a regular teacher from leave or disability retirement.
4. Elimination or reduction of courses of study provided that notice is given to proceeding with an anticipated staff reduction, the Association and teachers in potentially affected areas as early as possible, but no later than April 30. Additionally, president shall be notified by the Superintendent of schools of the Board's intent to consider a staff reduction. A meeting 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 make satisfactory progress toward permanent certification/licensure.
5. Financial reasons.
D. The Superintendent shall meet with held between representatives of the Association by April 30 to discuss the possible effects, resulting from the issuance of temporary certification/licensure, upon other members and representatives of the bargaining unit with regard Board 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 review appropriate data indicating a determination that need for a reduction in staff and suspension of one (1) or more contracts staff. The parties shall discuss why the reduction is deemed necessary, the Superintendent shall cause notice what teaching fields are to be given to affected, the affected teacher(s) by April 15 or as soon as practicable in case notice by April 15 is not possibleextent of the anticipated reduction, and the possible effects of said reduction. In any eventAlso, notice shall be given to the teacher(s) prior to recommendation of such action to the Board.
F. In the event that staff reductions and subsequent suspension of contract(s) becomes necessaryat this meeting, the Association shall receive, along will be provided with all teachers to be reduced, a seniority list by tenure, including each teacher's area(s) of certification/licensureall bargaining unit members.
G. All suspensions of contracts pursuant to this Article 2. The seniority list shall be made as follows:
1. The suspension of contract shall occur prepared by listing all teachers according to non-tenured teachers first by area continuous service in the district within all areas of certification/licensure. The second decision point 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 leave of absence shall not break an employee's continuous employment. If ties occur in seniority, regarding years of service, the teacher evaluation (based on three (3) with the earliest date of board action to employ will be considered most recent final evaluationssenior. If ties still remain, the ties will be broken by the flip of a coin if and when available) and the third decision point is senioritysuch becomes necessary in order to implement a staff reduction.
23. In the event two (2) or more teachers' continuous service began the same dateAny reduction in staff will first be accomplished through attrition insofar as it is possible to do so, i.e., the date 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 individuals who are non-renewed. If further reductions are necessary, the Board authorized shall proceed to suspend contracts in accordance with the recommendation of the Superintendent of schools who shall, within each teaching field affected, give preference to teachers on continuing contracts. Within each teaching field affected the teacher with the lowest rating on his/her evaluation will be the teacher whose contract shall take precedenceis suspended. In the event, If two (2) or more teachers have comparable evaluations, layoff will occur in reverse order of seniority. Any reduction in force shall proceed using the following procedures and criteria.
a. Bargaining unit members shall be placed in one (1) of four (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 hired at rated Ineffective on their evaluation using the same Board meetingcalculation 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 with the most regular teaching experience is placed. Teachers shall be placed in Groups Two through Four based upon an average of the next criteria for establishing seniority. If these criteria are also equal, then seniority shall be granted 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 evaluationssummative 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, when availabledivided 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 second 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 least senior; and then,
ii. Members under continuing contracts beginning with the 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 same Group will be considered comparable with each other.
4. Retention 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 teachers with continuing contracts, restoration rights shall accrue continue until the teacher is returned to all teachers with their respective contract status groups, but in no event shall a non-tenured teacher exercise retention rights over tenured teachers. The right to retention shall be limited to areas of certification/licensure, and no assignment shall be claimed outside of one's area(s) of certification/licensureteaching position or removed from the recall list as stated below.
5. Part-time regular A teacher whose contract is suspended shall be 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 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 district will be employed until all properly certificated/licensed teachers shall on the recall list have seniority and retention rights been offered a contract for a vacant position. The refusal of a recall to their positions as provided by the contract without limitation due to their a part-time statusposition shall not result in the 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 recall list. Recall notices shall be sent to the last address on file with the Board. Teachers shall be responsible for updating the Board on any change of address.
H. Teachers 6. Insurance coverages provided to the certified/licensed staff may be continued by the teacher whose contracts have contract has been suspended under this provision, at his/her own cost, for the reasons set forth in this Article shall have recall rights in the following order:time period required by federal law.
Appears in 1 contract
Sources: Master Agreement