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. Excessing is the process of reducing staff in a particular school when the number of available positions in a title or license area in that school is lower than the number of people in the school who require an assignment in that title or license area. It usually occurs in June in preparation for the next school year or in January in preparation for the next term. According to the UFT/DOE contract, you must be informed in writing by June 15 if you will be in excess for the next school year, but it is still possible to be excessed after that date due to changes in enrollment or the budget.
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 excessed teachers (who registered on the Open Market System) to the school to be considered for placement. If the principal accepts a 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.
The DOE after Oct. 15 is obligated to send an ATR to any school in the district, then borough with a vacancy in the teacher’s license area. If there aren’t any vacancies in the teacher’s home district, the DOE can send the teacher to a school with a vacancy in the teacher’s license area in the same borough. The principal retains the discretion to keep the teacher or return him or her to the ATR pool.
Excessed employees are considered ATRs. ATRs may be sent to schools within their district, or schools within their borough that have vacancies in their license area. ATRs cannot refuse these assignments. Any ATR who refuses an assignment and does not report to the assignment within two work days of receiving written notice of the assignment without good cause shall be treated as having voluntarily resigned his/her employment.