ARTICLE 10.00 - REDUCTION IN FORCE
SECTION 10.01: CERTIFICATED STAFF REDUCTION
SECTION 10.02: RETENTION OF OTHERS
SECTION 10.01: CERTIFICATED STAFF REDUCTION
In the event that it is necessary to reduce the number of certificated employees pursuant to the provisions of applicable Board policy, those certificated employees who will be retained to implement the District's reduced or modified program and those certificated employees who will be terminated from employment will be identified by using the following procedures:
A. Determination of Vacant Positions
The District will determine, as accurately as possible, the total number of certificated staff known as of March 1 leaving the District for reasons of retirement, family transfer, normal resignations, leaves, discharge or non-renewal, or leaving the District for reasons of non-continuing contracts, etc., and these vacancies will be taken into consideration in determining the number of available certificated positions for the following school year.
B. Certification and Endorsement
Possession of any valid Washington State Certificate and endorsement which may be required for the position(s) under consideration shall be a prerequisite for retention.
C. Employment Categories
The following categories and specialties are established to ensure the qualifications of personnel assigned to retained positions:
1. Elementary teachers will be considered for retention in one (1) category (P-6).
2. Secondary teachers (7-12) will be considered for retention by teaching specialties such as: Math, Science, Social Studies, Language Arts, Music, Art, Physical Education, Health, French, Latin, Spanish, German, Chinese, Russian, Sign Language, Agriculture, Business/Diversified, Occupations/Marketing, Technology Education, Family and Consumer Sciences.
3. Other non-supervisory certificated staff members will be considered for retention according to their specialties, which will include: Counselors, Librarians, Psychologists, Special Education Teachers (according to teaching specialty), Elementary Physical Education Specialists, Elementary Art Specialists, Elementary Music Specialists, Chapter/LAP Specialists, Occupational Therapists, Physical Therapists, Health Specialists, Speech and Language Pathologists, English Language Learning (ELL), and Social Workers.
D. Retention of Employment Category
Each certificated staff member will, in accordance with the criteria set forth in paragraph E hereof, be considered for retention in the category or specialty appropriate to the position held at the time of the implementation of these procedures. For the purposes of this paragraph, an employee is currently performing in any given category or specialty if two (2) classes or more of such employee's assignment is devoted to such category or specialty. Certificated employees shall also be considered for retention in such additional categories or specialties as any such employee may designate in writing to the Superintendent or his designee, provided, that in order to qualify for consideration in any such additional category, the employee:
1. Must have had a minimum of one (1) year full-time professional experience1 teaching, performing or supervising2 in each such additional category; and
1Employees who, by part-time assignments, have accumulated the equivalent of one (1) year of full-time experience in an additional category satisfy the requirements of this paragraph with respect to such additional category. Teaching one (1) period per year for any five (5) years within a ten (10) year period qualifies as the equivalent of one (1) year of full-time experience.
2Employees who have been directly responsible for the supervision or coordination of other staff members or programs in an additional category satisfy the requirements of this paragraph with respect to such additional category; e.g., an elementary school Principal satisfies the requirements of this paragraph with respect to the P-6 teaching category.
2. Such experience must have occurred during the immediately preceding ten (10) years; or
3. The employee must have had a college major (a recognized major or equivalent involving 45 quarter hours or 30 semester hours) in a field directly related to such additional category; or
4. The employee has an endorsement in such additional category.
All written designations for consideration in additional categories shall be submitted in writing within five (5) working days after any request for such information is made by the Superintendent or designee. Employees will only be considered for additional categories if they do not qualify for retention in the category appropriate to the position held at the time of the implementation of these procedures.
No employee shall be considered for retention in a position of higher rank than the position held by such employee at the time of the implementation of these procedures unless a position is open because of resignation, retirement, or creation of a new position, in which event the normal rules for selection of personnel shall apply. The District's salary structure as of the time of the implementation of these procedures shall determine whether a position is "of higher rank" than the position currently held by the employee.
E. Selection within Employment Categories
Certificated employees shall be considered for retention in available positions within the categories or specialties for which they qualify under paragraph D hereof. In the event that there are more qualified employees than available positions in a given category or specialty, the following criteria shall be used to determine which employees shall be recommended for retention.
1. Total seniority as a certificated employee shall be the basis for retention for those categories and specialties identified in paragraphs C, 1, 2, and 3, above.
Within each such category or specialty the employee(s) having the greater seniority shall be recommended for retention. In the event ties exist, the employee(s) having the highest number of credits beyond the B.A. degree as recorded in the Personnel Department at the beginning of the current school year shall have preference. If ties remain, the employee(s) to be retained shall be determined by drawing lots among the employees who tie.
2. "Seniority" within the meaning of this paragraph shall mean years of certificated experience of the nature eligible for recognition by the District for salary purposes, regardless of whether actually recognized on a given salary schedule.
3. In the event the Board determines that probable cause for reduction in force exists, each certificated employee in the District shall be listed in conformance with this Article. The list shall be ordered from the highest rating (with respect to the criteria) to the lowest. Every certificated employee to which this procedure applies shall be provided with the list upon which that employee's name appears.
4. Any staff member may, in writing, and within five (5) working days of receipt of the list, file with the Superintendent his/her objection to the ranking order. The employee may request consideration for the modification of the ranking order based on the information in the District's possession. Said individual must include in the request a full statement as to the facts on which he/she contends the list should be modified. If the Superintendent rejects the individual's requests for modification of the list, he shall do so in writing and provide the individual and the Association with copies thereof.
F. Action by Board
Recommendations for certificated staff reductions developed in accordance with these procedures shall be presented to the Board prior to the statutory deadline for nonrenewal notices for further action by the Board and/or Superintendent in accordance with the requirements of RCW 28A.405 as applicable.
G. Employment Pool
1. All certificated personnel who are not recommended for retention in accordance with these procedures shall be terminated from employment and placed in an employment pool for possible reemployment for a period of up to three (3) years, i.e., to the fourth August 1 following notice of layoff. Employment pool personnel will be given the opportunity to fill open positions within the categories or specialties identified in paragraph C for which they are qualified under paragraph D, in preference to new hires. If more than one (1) such employee is qualified for an open position, the criteria set forth in paragraph E shall be applied to determine who shall be offered such position.
2. It shall be the responsibility of each employee placed in the employment pool to notify the Superintendent or his designee annually in writing between January 1 and January 31 if such employee wishes to remain in the employment pool. If such notification is not received, the name of any such employee shall be dropped from the employment pool.
3. When a vacancy occurs for which person(s) in the employment pool qualify, notification from the District to such individual will be by certified mail or by personal delivery. Such individual will have five (5) calendar days from the receipt of the letter to accept the position. If an individual fails to accept a position offered, such individual will be dropped from the employment pool.
4. The District will utilize employment pool personnel as substitutes on a first priority basis if the employee so requests. Refusal by an employment pool person to accept substitute employment shall in no way jeopardize his/her recall rights.
SECTION 10.02: RETENTION OF OTHERS
It is recognized that certificated employees not included in the bargaining unit covered by this Agreement may be eligible, under applicable Board policy and administrative procedures, for retention in one (1) or more of the employment categories identified in paragraphs C, 1, 2, and 3.