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403.8 Reduction in Force: Professional Personnel

Series 400 - Staff Personnel
Reduction in Force:  Professional Personnel         Code No. 403.8
A.  Coverage
All employees are covered, including employees on extended leave of absence.
B.  Definition  
1.  K-5   Classroom Teachers
2.  6-8 Subject Matter Teachers
3.  9-12 Subject Matter Teachers
4.  Art (K-12)
5.  Instrumental Music (K-12)
6.  Vocal Music (K-12)
7.  Physical Education (K-12)
8.  CHIP (K-12)
9.  Chapter I (K-5), (6-8), (9-12)
10.  Guidance (K-5, (6-8), (9-12)
          11.  Special Education By Certification
          12.  Student service coordinator (K-12)
          13.  Study skills teacher (K-12)
          14.  Alternative H.S. teacher (9-12)
          15.  Media Service (K-12)
          16.  Technology director (K-12)
Employees shall be classified based upon their assignment during the school year in which staff reduction procedures are commenced.  An employee with an assignment in more than one of the categories listed above in this section shall be classified in the category in which he/she has the greatest number of periods of assignment.  If the number of periods of an employee's assignment are equal, then the employee shall be classified in the category in which he/she has the greatest length of service
C.  Layoff procedures
When the Board determines that employees should be laid off, the following procedure will
determine the order in which employees shall be laid off:
  1. The Board shall first attempt to make all staff reductions through attrition.  Attrition shall only be deemed to have occurred where the Board has received resignations in the classification in which reduction is sought prior to the issuance by the Superintendent of Notice of Intent to Terminate Contract.
  2. Unless the employees are needed to maintain an existing program, employees with emergency and/or temporary certification will be laid off first.
  3. Unless the employees are needed to maintain an existing program, probationary employees will be laid off next.  If there is more than one probationary employee in the affected job classification, the probationary employees will be laid off based upon seniority.
  4. If the staff reduction cannot be fully accomplished following the layoff of employees as provided in (C) (1) through (3), then the employee(s) in the job classification with the least seniority shall be laid off.
  5. An employee who has initially been identified for layoff as provided in (C) (4) shall have the right to displace the least senior employee in another job classification, provided the initially-identified employee has previously taught in that classification in the School District or has successfully completed (Grade of C or better) six graduate hours of credit in the subject matter of that classification within the last five (5) years.
D.  Recall Procedures
Any employee who is laid off or who resigns upon request for reasons of staff reduction will be recalled if there is a vacancy in his or her curricular and subject area and level as contained in Section B of this Article.  Vacant positions shall be offered to employees who are on recall before the positions are posted for transfer.
Employees shall have recall rights for a period of three (3) years from the last day of school year during which they were laid off or resigned.  Employees shall provide written notice by certified mail to the Superintendent if they wish to be recalled.  Such notice must be postmarked within fifteen (15) calendar days following the date of the employee's letter of resignation or the date of the employee's notice of termination of contract.
Notice of recall will be give by certified mail to the last address given to the Board by the employee.  An employee must respond by certified mail postmarked within ten (10) calendar days after receipt of the notice of recall or the employee will be considered to have refused the offer of recall.  The order of recall will be as follows:  first, employees who resigned will be recalled in order of their resignation, and, second, employees who were laid off will be recalled in order of their termination.
E.  Benefits
Any employee who is recalled shall be placed on the salary schedule at the step above the one in effect at the time of departure, plus experience in another school within the limits specified in this Agreement.  Employees who are recalled will also have their sick leave benefits restored to the same level as existed at the end of the year during which they were laid off.      
Adoption: 4-14-86
Review: 4-11-94  05-08-08  11-11-13  11-12-18
Revision: 2-14-02
Cross References: 402.2 
Legal References:  20.7; 20.9; 279.15