7:8
accrued seniority. Unit members who transfer out of the unit into another District position
shall lose all accrued seniority after two years in such position.
3. In all cases of permanent termination of employment with the District, the teacher shall
lose all accrued seniority.
For the purpose of accruing seniority, the percentage of the teacher's regular work schedule in
relation to the work year of a full-time teacher will determine the yearly credit or proportion thereof.
In the case of Title | and Part-time teachers, the ratio of the teacher's total annual duty time to the
total annual duty time of a full-time teacher will determine the yearly credit or proportion thereof.
Continuing Substitutes do not accrue seniority except that a Continuing Substitute who teaches
one or more semesters in a designated area and who is then appointed with no break in service
following a continuing substitute assignment to a full-time position in the same designated area
shall retain all time in service as a continuing substitute for purposes of determining seniority.
Should two or more teachers be equal in terms of seniority as defined for layoff, seniority as
defined for recall shall prevail in determining seniority. In the event two or more teachers are equal
in terms of both definitions of seniority, the date of BOARD action on the hiring of the teachers
shall prevail in determining seniority. If all of the aforementioned are equal, seniority shall be
determined by District discretion.
Reduction in Staff-
The provisions of this Article 7:8 shall apply only on occasions when the total number of permanent
positions in a designated area is reduced. On those occasions when there is such a reduction in the total
number of permanent positions, the following procedures will be used:
A.
B.
Staff reductions will first be accomplished through attrition of staff.
Teachers who are not on a continuing contract with the District will be terminated prior to teachers
who are on a continuing contract with the District. The District reserves the sole discretion to
choose the order in which teachers who are not on a continuing contract with the District will be
terminated.
Should staff reductions extend to teachers who are on a continuing contract with the District, all
teachers who are currently teaching in the designated area being reduced, excluding Part-time,
Title | and Continuing Substitute teachers; and seniority of teachers shall be considered in
reaching a decision.
The teacher with the least seniority shall be laid off first unless a more senior teacher's level of
performance, in ascending order of seniority, is significantly inferior to the junior teacher. The first
more senior teacher whose level of performance is determined to be significantly inferior to that of
the least senior teacher shall be the teacher laid off. If more than one teacher is to be laid off in a
designated area, the District shall first compare in ascending order of seniority, the least senior
teacher with the more senior teachers. Once a determination is made with respect to that teacher,
the next most junior teacher shall be compared to the remaining more senior teachers in
ascending order of seniority. This process shall continue until all teachers who are to be laid off
are determined.
In instances where a more senior teacher is significantly less qualified solely because of the
teacher's experience and training related to the remaining available positions in the designated
area, the District shall make a good faith effort to reassign teachers in said designated area being
reduced in accordance with the teacher's qualifications so that the senior teachers may be
retained. In reassigning teachers in order to insure, as much as possible, that a junior teacher(s)
does not displace a senior teacher(s) the District shall reassign teachers in such a manner that if it
is necessary for the junior teacher(s) to displace a senior teacher(s), as much as possible, the
more senior teacher(s) is retained.
If after such reassignments the junior teacher(s) is still significantly more qualified than a senior
teacher, the senior teacher may be laid off first. Qualifications shall be determined by experience
and training related to the remaining available positions in the designated area.
Part-time teachers shall be placed in a pool for the purpose of layoffs in part-time positions. The
same procedure as that contained in Section C above shall be followed.
Title | teachers shall be placed in a pool for the purpose of layoffs in Title | positions. The same
procedure as that contained in Section C above shall be followed.
18
