Excessing

There are times when a school reduces the size of its faculty, such as when it experiences an unexpected drop in student enrollment, loses a budget line or pursuant to state or federal law, is being closed, or phased out. This is called “excessing.” In effect, no later than the 15th day of a school term, the least senior teacher in the license area being downsized is declared "in excess.” Our contract provides excessed teachers with significant job protections.

When a teacher is notified that she is in excess, she must register on the Open Market System for purposes of providing updated contact information. She will also have access to a list of current vacancies throughout the city and the right to apply to any or all of them in her license area.

When one or more vacancies occur in a district in a license area, the DOE must send the most senior excessed teacher (who registered on the Open Market System) to the school to be considered for placement. If the principal accepts the placement, the teacher becomes part of that school. If the principal denies the placement, the teacher will be an ATR in her district or superintendancy.

As an ATR, she may be required to fill long-term absences or leaves in her license area within her district. She may also be assigned, as an ATR, to work in a school in her district for no less than a work week. Regardless of her assignment, she will continue to receive her regular salary and benefits.

According to our contract, the DOE has the right to offer a voluntary severance program.

Although the DOE has not indicated that they plan to offer such a program, if they were to, the severance amount would have to be negotiated with the UFT and the package would have to be offered to anyone excessed for a year or more. If this were to happen, we would provide all members with the necessary information.

If an excessee accepts the buyout, she must either resign or retire.

Also see Transfers.