Contract-Indexed‎ > ‎

ARTICLE 4: DISPLACED TEACHERS

4.1       District Level Changes

 

4.1.1       The below listed procedures will be implemented when one (1) or more of the following conditions exists which necessitates staffing reductions which have not been accomplished through resignations, retirements, administrative transfers, or other administrative actions.  The District will consult with the Association when it becomes known that one (1) of these conditions is anticipated.

 

a.      District-wide program changes

 

b.      School closings

 

c.      Decrease in school enrollment

 

4.1.2       These procedures are listed in sequential order.

 

a.      The District will meet with affected staffs to:

 

(1)        explain staffing allocations, contractual provisions for assignment/transfer, and the below described procedures;

 

(2)        announce vacant positions in the school/program and staffing needs; and

 

(3)        notify staff of the number of positions that will be eliminated (number of displaced positions).  The total number of displaced teachers is limited to the total net number of “displaced” positions in the school or program.

 

(4)        The Association President shall receive timely notification of the time, location and date of the meeting.

 

b.      Thereafter, the District will review a list of all unfilled new and vacant teaching positions with staff at the affected sites.

 

(1)        Each site will be provided with a list setting forth the District-wide seniority of unit members at that site.  Seniority, for purposes of this Article, shall be as defined in Article 3 - Transfers, Section 3.1.5 (this shall not include service pursuant to an emergency/provisional credential or as a substitute).  All unit members shall have access to the list.

 

(2)        A teacher from a site that must displace teachers, if they volunteer (and are qualified and resolve the surplus), will be transferred to that position on the list that they select (see Section 4.1.2.b(3)).

 

(3)        If the number of volunteers exceeds the number of displaced positions, and a volunteer (with the appropriate credentials, qualifications, etc.) resolves the excess, District-wide seniority will be the determinant.

 

(4)        If there are an insufficient number of volunteers to eliminate the surplus, teachers (with the appropriate credentials, qualifications, etc.) shall be displaced in reverse order of District-wide seniority.

 

(5)        If the position selected by the volunteer to be displaced is no longer available, because it was selected by a more senior displaced teacher, the volunteer may rescind their displaced teacher status.

 

(6)        The District will provide a list of volunteers and displaced teachers to the Association President.

 

c.      Teachers who are displaced from a school or program may return to that school or program if a vacancy occurs for which he/she is qualified prior to the end of the first week of their new assignment.

 

4.2       School Level Program Changes

 

4.2.1       The below listed procedures will be implemented when one (1) or more of the following conditions exists which necessitates staffing changes in K-8 schools which have not been accomplished through resignations, retirements, administrative transfers, or other administrative actions.  These procedures are not applicable to non-permanent teachers, teachers assigned to a District wide program (e.g., Special Education, Title VII).  The District will consult with the Association when it becomes known that one (1) of these conditions is anticipated.

 

a.      An assignment change is necessary which will require a teacher in a year-round school to change track against his/her will.

 

b.      School program changes which result in a teacher’s assignment being changed because he/she is not appropriately credentialed.

 

c.      School program changes which result in the change of assignment for a teacher who has taught a specific content area or grade level in the same District school for twenty (20) or more consecutive years.

 

4.2.2       Procedures

 

a.      The affected school site principal will meet with staff to explain staffing allocations/assignments, contractual provisions for assignment/ reassignment/transfer, and these procedures.

 

b.      The principal will announce vacant positions in the school and notify staff of the number of individuals who may be displaced in accordance with these procedures.

 

c.      Teachers who are displaced will, at their request, be transferred to any currently advertised new or vacant position in the school or District at the specific grade level (and content area) from which he/she is displaced, for which he/she is qualified.

 

d.      If two (2) or more displaced teachers are qualified under these procedures, seniority (see Article 3 - Transfers, Section 3.1.5, Seniority) will be the determinant.

 

e.      Teachers who are displaced from a school/track under these provisions may return to the specific assignment that they were displaced from if a vacancy occurs prior to the end of the first week of their new assignment.

 

4.3       Opening a New Elementary School

 

4.3.1       The procedures set forth in 4.3.2 shall be followed when the District opens a new elementary school (e.g., K-5, K-6, K-8).  The same procedures shall be used in the case of a “phased” opening (e.g. K-5, then Grade 6, then Grade 7, then Grade 8).

 

4.3.2       Procedures

 

a.      The District will meet with affected staff to explain staffing allocations and the procedures set forth below.

 

(1)        This will include a presentation regarding positions at the new school and the number of positions that will be eliminated at each affected site as a result of the new school.

 

(2)        The Association President will receive timely notification of the time, location and date of the meeting.

 

b.      Advertisement #1

 

(1)        The District will advertise, within the District, teaching positions anticipated for the new school (Advertisement #1).

 

(2)        The District will consider and interview all applicants and select staff for the new school.

 

c.      Placement of Displaced Teachers

 

After completion of the process set forth in 4.3.2.b, the District will utilize the process set forth in 4.1.2 to place displaced teachers.

 

d.      Advertisement #2

 

(1)        All remaining unfilled teaching positions at the new school will be advertised in and out of the District (Advertisement #2).

 

(2)        The District will consider all applicants, will interview all new in-District applicants (exclusive of those who were interviewed pursuant to 4.3.2.b(2) above), and select staff for the new school.

Comments