ARTICLE ELEVEN

Dec 29, 2006 11:16 AM

RETENTION, EXCESSING AND LAYOFF

A. Retention of Regular Substitutes

1. A regular substitute who, upon completion of one year of service in a school, has been notified in writing by the principal that he/she will be reassigned in that school for the following school year shall be assigned for the following school year to a regular substitute opening in that school unless the opening has ceased to exist. In the event that the opening has ceased to exist, the substitute shall be given at least fourteen (14) days notice prior to the beginning of the following school year that the opening has ceased to exist and that he/she will not be reassigned to the school. If such notice is not given and the substitute has not been assigned to another school, the community or assistant superintendent in charge of the school will provide the substitute with the opportunity during the first twenty (20) days of the following school year to perform per diem service available in the district. The opportunity to perform such service will be provided for a number of days, not to exceed ten (10), equal to the difference between fourteen (14) days and the actual number of days notice given to the substitute prior to the beginning of the school year.

2. Regular substitutes with more than one year of continuous satisfactory service in a school shall have priority for retention in that school according to their length of service in school. If it becomes necessary to terminate the services of a regular substitute with more than one year of continuous satisfactory service in a school by reason of appointment, or return from leave or other absence of a regular laboratory specialist or laboratory technician, or by reason of contraction in the school organization, the regular substitute laboratory specialist or laboratory technician with the least service in the school will be the first to be released.

3. Where a CPT has been released because the position in the school has ceased to exist, that CPT will have priority for assignment to an unencumbered vacancy in the district. If no such position exists in the district, the Board will place the CPT in a position within the district held by a PPT who has less than one year of continuous satisfactory service in any school within the district. If no PPT in the district has less than one year of such service, the CPT will be placed in an available position within the school system.

4. Regular substitutes are to be given ten school days notice of discharge except in cases of emergency.

B. Excessing Rules: Appointed Laboratory Specialists and Laboratory Technicians

Before applying the rules for involuntary excessing, the senior laboratory specialist or laboratory technician who volunteers will be excessed from the school 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 laboratory specialist or laboratory technician volunteers the following excessing rules shall be adhered to:

Rule 1. Within the school, district or other organizational unit the laboratory specialist or laboratory technician with the least seniority within license, except that laboratory specialists and laboratory technicians shall be grouped together for purposes of excessing, will be the first to be excessed, and probationers will be excessed before those who have completed probation.

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 laboratory specialist or laboratory technician, for purposes of excessing, layoff seniority shall apply.

Rule 3. Laboratory specialists and laboratory technicians in excess who are under the jurisdiction of a community district must be placed in vacancies within the district to the fullest degree possible. Those laboratory specialists and laboratory technicians in excess who are under the jurisdiction of the central Board must be placed in appropriate vacancies within the district or central office, or if no such vacancy exists, within the region.

Rule 4. To minimize movement of personnel, excessed laboratory specialists and laboratory technicians shall be placed within the district/superintendency in appropriate openings or vacancies. If there are no openings or vacancies in the district/superintendency, the employee shall be excessed from the district/superintendency to a vacancy in the region.

Rule 5. The central Board has the responsibility for placing laboratory specialists and laboratory technicians who are excessed and cannot be accommodated by their own district/superintendency if vacancies exist within the region . Where possible, the wishes of the laboratory specialist or laboratory technician 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 D of this Article shall apply.

Rule 6. When a laboratory specialist or laboratory technician 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 laboratory specialist or laboratory technician who is excessed from a community district.

Rule 7. A laboratory specialist or laboratory technician 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.

Rule 8. Unless a principal denies the placement, an excessed laboratory specialist or laboratory technician 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 laboratory specialist or laboratory technician who is not so placed in an ALR position in the school from which he/she is excessed, or in another school in the same district or superintendency.

Rule 9. Laboratory specialists or laboratory technicians 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 laboratory specialists or laboratory technicians will continue to be governed by applicable law

C. Appointment to New Program, License or Title

Employees 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.

D. 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.

E. 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.