Revised/Readopted: 7/10/02
Layoff/Recall - Administrative
The board retains the right to determine when a layoff is necessary. Layoffs shall be by position. A reduction in hours does not constitute a layoff.
The superintendent or designee shall make recommendations to the board regarding transfers, both voluntary and involuntary, and the position(s) which will be eliminated. Performance shall be the primary factor considered in the layoff process. The superintendent or designee may consider license, qualifications, merit, competence, special training, additional educational attainments, and other factors deemed relevant when making the recommendations. Length of service may be considered.
The board shall retain, consistent with state law, the most capable and productive of the licensed and qualified employees needed to carry out the approved programs of the district’s schools.
When a layoff of licensed administrators is deemed necessary, the superintendent or designee shall use the procedures described in Section II of this regulation. The superintendent or designee shall make every reasonable effort to transfer a licensed and qualified administrator who will be laid off to a vacant administrative position for which the administrator is licensed and qualified, in accordance with the procedures described in Section III. The superintendent or designee may combine remaining positions, if it meets district curriculum needs, so that administrators continue to be licensed and qualified to perform available jobs.
Section I - Definitions
A. “Competence” means the ability to perform the essential functions of a job or assignment based on recent experience or educational attainment, or both, but not based solely on type of license and endorsements of an employee. The superintendent or designee may interpret “recent experience” as having performed the essential functions of the job or assignment within the last five (5) school years.
B. “Merit” means the measurement of one (1) administrator’s ability and effectiveness against the ability and effectiveness of another administrator.
C. “Length of Service” is calculated from the first day of actual continuous service as an administrator in the district inclusive of approved leaves of absence. If necessary, ties in length of service shall be broken by drawing lots.
D. “License” means a document or documents issued by Teacher Standards and Practices Commission permitting an individual to perform certain duties within a public school district.
E. “Qualifications” means training, experience, skill, and other attributes in addition to the individual’s license.
Section II - Layoff Procedures
A. Upon recommendation by the superintendent or designee, the board may eliminate one (1) or more administrative positions.
B. The superintendent or designee may recommend layoffs based on license, qualifications, merit, competence, special training, additional educational attainments, length of service, and other relevant factors.
C. After identification of the administrator(s) to be laid off, the superintendent or designee shall reassign the remaining administrators to the remaining positions, as necessary.
D. The superintendent or designee shall determine whether the administrators identified for layoff will be transferred to a vacant administrative position under the procedures of Section III below or given the choice of a classroom teaching assignment provided the administrator is licensed and qualified for the assignment.
Section III - Reassignments and Transfers
A. The superintendent or designee shall review an administrator’s personnel file and shall determine if an administrator who will be laid off can be transferred to a vacant administrative position. Each transfer may be based on license, qualifications, merit, competence, special training, additional educational attainments, length of service, experience in or preparation for the new assignment, and previous administrative positions held as determined by the superintendent or designee.
B. An administrator may voluntarily accept a classroom teaching assignment in lieu of a layoff.
1. The administrator may accept a classroom teaching assignment which is currently vacant.
2. If the administrator previously taught in the district, the administrator may displace (“bump”) a probationary or contract teacher with less seniority.
3. If the administrator never taught in the district, the administrator may displace (“bump”) a probationary teacher with less seniority.
C. An administrator who voluntarily accepts a classroom teacher assignment shall be covered by the layoff or recall and other provisions of the collective bargaining agreement governing regularly employed teachers.
Section IV - Recall
A. An administrator who is laid off under this procedure shall be placed in a recall pool. An administrator who resigns rather than accept layoff or reassignment under this procedure forfeits the rights to be placed in the pool.
B. An administrator shall be maintained in the recall pool for a period of not more than 27 calendar months from the effective date of layoff.
C. A laid off administrator who rejects recall to a position offered by the district for which the administrator is licensed and qualified to perform, thereby waives any further recall rights, and the administrator’s employment terminates effective the date of rejection of the job offer.
D. In order to be considered for recall, the employee must be licensed and qualified to perform the essential functions of the job.
E. Administrators shall be recalled based on license, qualifications, merit, competence, special training, additional educational attainments, length of service, and other relevant factors.
F. Notification of recall shall be delivered in person or deposited as certified mail, postage prepaid and addressed to the last known address of the laid off employee. It is the responsibility of the administrator to ensure up-to-date mailing information is provided to the district. The individual shall be allowed 10 calendar days from the date of personal delivery or postmark to accept the position in writing. If the individual declines the recall or fails to accept within the 10-day period or fails to report for duty on the date specified in the recall notice, the individual’s name shall be removed from the recall pool. The individual shall be considered to have resigned employment with the district and waives any further right of recall.
G. Individuals who wish to waive reemployment rights prior to 27 months subsequent to the effective date of a layoff may do so by written notification to the district. Such notice shall be considered a voluntary resignation and the individuals shall forfeit all employment rights with the district.
H. Employees returning from layoff shall be credited with all seniority and sick leave the employee earned prior to the effective date of the layoff but the employee shall not accrue leave, benefits, or seniority during the period of layoff.
I. An employee who has been laid off has the option of continuing the employee’s health insurance program at the employee’s expense for up to 18 months, subject to the approval and rules of the insurance carrier(s).
J. An employee must have completed at least 135 contract days during one (1) school year in order to be eligible for one (1) vertical step advancement for the succeeding school year. If, because of layoff, an employee does not complete at least 135 contract days that school year, the employee shall be placed on the same salary schedule step as the employee was on prior to layoff.
K. Nothing in this regulation shall be construed so as to interfere with the district’s right to dismiss an administrator, not extend the contract of an administrator, or dismiss or non-renew the contract of a probationary administrator pursuant to state law.
Section V - Appeal Procedure
An appeal from a layoff decision shall be by arbitration pursuant to the employee’s individual employment contract, administrator group contract (“collective bargaining agreement”) or rules of the Employment Relations Board.
Section VI - Future Changes in Procedure
The district reserves the right to amend, revise or repeal all or any part of this procedure at any future time and no employee shall have any vested right in the continuation of this procedure or any amendment thereof; provided, however, that no amendment or repeal of this procedure shall prejudice the reinstatement rights of any individual who is in the “recall pool” at the time these procedures are amended, revised, or
repealed.