Jan 26, 2007 4:36 PM
Before applying the Rules for involuntary excessing, the senior social worker or psychologist (as applicable) who volunteers will be excessed to a vacancy within the same superintendency . If no senior psychologist or social worker volunteers, the following excessing rules shall be adhered to:
Rule 1. Within the school, superintendency or other organizational unit, the employee with the least seniority within license will be the first to be excessed, and probationers will be excessed before those who have completed probation.
The meaning of “organizational unit” in high schools in these excessing rules shall be the geographical area of the academic high schools’ superintendency. This will apply to all high school psychologists and social workers including those within the purview of the vocational and alternative high school superintendents.
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 an employee for purposes of excessing, layoff seniority shall apply.
Rule 3. To minimize movement of personnel, excessed employees shall be assigned within the superintendency to appropriate openings or vacancies. If there are no openings or vacancies in the superintendency the employee shall be excessed from the superintendency to a vacancy in the region/borough.
Rule 4. The central Board has the responsibility for placing employees who are excessed from the superintendency if vacancies exist within the borough. Where possible, the wishes of the employee will be taken into account in his/her placement by the central Board. Should a city-wide excess condition, as defined in Sec. 2588 3 (a) of the Education Law, occur Section C of this Article shall apply.
Rule 4A. An employee excessed from a high school organizational unit shall be placed in an opening or vacancy within the high school superintendency, or if no such opening or vacancy exists in a vacancy in the borough.
Rule 5. When a bargaining unit 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 an employee who is excessed from the superintendency.
Rule 6. An employee who has been excessed to another superintendency may request an opportunity to return to the superintendency from which he/she was excessed if within a year an appropriate vacancy should occur in that superintendency. Such a request will have priority over any other transfer or appointment to that vacancy.
Rule 7. Unless a principal denies the placement, an excessed employee 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/borough. The Board will place the excessed employee who is not so placed in an Alternate Psychologist/Social Worker Reserve position in the school from which he/she is excessed, or in another school in the same district or superintendency.
Rule 8. Employees 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 deadline for excessing employees will continue to be governed by applicable law.
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.
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.