ARTICLE ELEVEN

Nov 20, 2006 12:39 PM

EXCESSING AND LAYOFF

A. Excessing Rules--Appointed Counselors

Before applying the Rules for involuntary excessing, the senior counselor within license who volunteers will be excessed from the school or program to a vacancy within the same district or, in the case of high schools, within the jurisdiction of the responsible high school superintendent. If no senior counselor volunteers, the following excessing rules shall be adhered to in all levels:

Rule1. Within the school, district, or other organizational unit, the guidance counselor with the least seniority within license will be the first to be excessed and probationers will be excessed before those who have completed probation.

When excessing occurs at the time of reorganizing a school or facility, all counselors serving in full-time positions at the school or facility, including related service providers, shall be grouped together for purposes of applying the excessing rules.

For purposes of excessing only:

(i). Any one or more F Status positions within a license that equals 1.0 FTE (i.e. positions equaling 5 days a week) will be considered a single positon (if in one school) or a single position on split assignment (if in different schools within a district).

(ii) Prior to an employee being excessed out of a district s/he will be offered the position described in the preceding sentence.

(iii) Notwithstanding the restrictions in this paragraph, a school will be allowed to create or maintain the F status positions described in (i) in order to accommodate a hardship for a previously appointed pedagogue or because of the particular needs of the program.

Rule 2. In determining the seniority of a guidance counselor for purpose of excessing, layoff seniority shall apply.

Rule 3. Guidance counselors in excess in a school unit or district office under the jurisdiction of a community district must be placed in vacancies within the district to the fullest degree possible. For school units, districts, or other organizational units under the jurisdiction of the central Board, guidance counselors in excess must be placed in appropriate vacancies within the district or central office, or if no such vacancy exists, within the region.

Rule 4. A counselor under the jurisdiction of the Special Education District Superintendent who is excessed from an elementary or junior high school shall be placed within license in a vacancy under the jurisdiction of the central Board located within the community school district. If no such vacancy in his or her license exists in the community school district, the counselor will be placed in an appropriate vacancy within the region. Where possible the wishes of the counselor will be taken into account in his/her placement by the central Board. Should a city-wide excess condition, as defined in Section 2588 3 (a) of the Education Law, occur Section C of this Article shall apply.

Rule 5. To minimize movement of personnel, excessed guidance counselors shall be assigned within the district/superintendency to appropriate openings or vacancies. If there are no openings or vacancies in the district/superintendency, the counselor shall be excessed from the district to a vacancy in the region.

Rule 6. The central Board has the responsibility for placing guidance counselors who are excessed from a school or community district office and cannot be accommodated by their own district/superintendency, if vacancies exist, within the region. Where possible, the wishes of the guidance counselor will be taken into account in his/her placement by the central Board. Should a city-wide excess condition, as defined in Section 2388 3 (a) of the Education Law, occur Section C of this Article shall apply.

Rule 7. When a guidance counselor position in central headquarters is abolished, the occupant of that position is excessed, and he/she shall be granted the same rights for placement as a guidance counselor who is excessed from a community district.

Rule 8. A guidance counselor who has been excessed to another school may request an opportunity to return to the school from which he/she was excessed if within a year a vacancy should occur in that school. Such a request will have priority over any other transfer or appointment to that vacancy and it shall be effectuated at the next reorganization of the school to which the counselor is returning, except that should the vacancy occur within 10 school days after the counselor is excessed he/she shall be informed of the vacancy and he/she may return to the school immediately.

Rule 9. Unless a principal denies the placement, an excessed counselor will be placed by the Board into a vacancy within his/her district/superintendency; or if such a vacancy is not available, then in a vacancy within his/her region. The Board will place the excessed counselor who is not so placed in an Alternate Counselor Reserve (ACR) position in the school from which he/she is excessed, or in another school in the same district or superintendency.

Rule 10. Counselors identified as being at risk of being excessed at the commencement of the following school year will be informed of this no later than June 15, or as soon as is practicable if identified as being at risk of excess after June 15. The deadlines for excessing counselors will continue to be governed by applicable law.

B. Appointment to New Program, License or Title

Counselors who are displaced by the establishment of a new program, license or title shall be given an opportunity to present their qualifications and if found qualified shall be given preference for appointment to such new program, license or title.

C. Layoff

1. If a city-wide excess condition causes a layoff of staff in any licensed position, applicable provisions of law will be followed to determine the staff member to be laid off, without fault and delinquency with the understanding that said member of staff is to be placed on a preferred list for reinstatement to his/her former position.

2. Employees on layoff who may be placed on a preferred list in another license other than the one in which they are laid off will be so placed.

D. Tipping

Beginning the Spring term in 1992 education funds in the Mayor's Safe City/Safe Streets Program will be utilized to eliminate tipping by establishing a dispute resolution program staffed by teachers.