19. Reduction in Force (RIF)
19.1: Consultation with Association
19.2: Teacher Reduction by District Seniority
19.3: Exceptions to Seniority
19.4: Re-Employment Procedure After Lay-Off
19.5: Recall Rights of RIFd Teachers
19.6: Reinstatement of Rights
19.1 CONSULTATION WITH ASSOCIATION
When the Board decides it is necessary to reduce the number of employees in the District because of decreased enrollment, lack of funds, or other reasons, the Association will be consulted on such reduction in staff in advance of any public announcement. The Association shall be given an opportunity to discuss the number of employees not to be reemployed, the particular positions to be eliminated, and alternatives to such reduction in staff.
19.2 TEACHER REDUCTION BY DISTRICT SENIORITY
A. Procedures for Staff Reduction
If the number of teaching positions must be reduced, the teachers who are subject to removal shall receive notice by registered mail at least 45 calendar days before the end of the school term together with a statement of honorable dismissal and the reason therefore. The teachers shall be dismissed on the basis of district seniority. Those teachers with the least seniority shall be removed first (i.e. all first year teachers will be removed first, second year teachers next, etc.).
B. Reduction by District Seniority
A teacher who is dismissed due to reduction in force and who becomes certified or qualifies for an additional teaching position(s) shall retain his/her district seniority rights over any other RIFd teacher who has less district seniority and who is certified and qualified to teach in the same area(s) for position(s) available during said RIFd teacher’s recall eligibility period of three years (see 19.4C below).
Teachers who become certified or qualified for additional positions must file official transcripts with the Office of Human Resources substantiating same. Once having met this requirement, teachers will be eligible for recall in said additional areas per district seniority.
19.3 EXCEPTIONS TO SENIORITY
An exception to this would be where said teacher subject to removal is the only teacher certified and/or qualified to teach an existing program.
19.4 RE-EMPLOYMENT PROCEDURE AFTER LAY-OFF
A. Order of Re-employment
If the Board increases the number of teachers or has a teacher resign after the lay-off(s), the Board shall first offer re-employment to the teacher laid off in the reverse order of the lay-off except as specified in Section 19.2A.
B. Teacher’s Obligation to Respond to Recall
A teacher’s failure to respond affirmatively within five (5) school days (or in the summer, days on which the District office is open) after receipt of the Board’s letter sent by certified mail to the teacher’s address on file with the Board recalling such teacher, shall result in the termination of the teacher’s rights of recall hereafter.
C. Reinstatement of RIFd Teachers
If any teacher is removed or dismissed from employment with the District because of a decrease in the number of teachers employed by the District, or because of the discontinuance of a particular type of teaching service, and if the Board within three calendar years thereafter increases the number of teachers, reinstates the positions so discontinued, or vacancies occur, the positions thereby becoming available shall be tendered to the teachers so removed or dismissed so far as they are legally qualified to hold such positions. Three calendar years thereafter shall mean three school years plus one day of the next school year immediately commencing after the date of the Board’s action in removing or dismissing the teacher.
During this three year period, it shall be the teacher’s responsibility to provide the Office of Human Resources, in writing, of his/her address and telephone number. This requirement also pertains to 19.4B.
19.5 RECALL RIGHTS OF RIFd TEACHERS
A. A RIFd teacher who accepts less than a full-time position or a permanent substitute position may move to any full-time position that becomes available, for which he/she is qualified, through September 10. RIFd staff members in less than full-time positions may have an opportunity to move to any available full-time position, for which they are qualified, at semester break.
B. Full-time positions becoming available during the intervening period will be held for any eligible teacher in a partial position if the teacher desires. A RIFd teacher who refuses a less than full-time position shall retain full recall rights to any other position for which he/she is qualified.
C. A full year of seniority will continue to accrue for all RIFd staff teaching half-time or more. A half year of seniority will continue to accrue for RIFd staff teaching less than half-time.
19.6 REINSTATEMENT OF RIGHTS
RIFd teachers recalled pursuant to 19.4C shall have accumulated sick leave, salary schedule position, and seniority they had when honorably dismissed.