In placing teachers on unrequested leave, the district will follow the following procedures:
1. The employment position will be the determining factor for what will be eliminated, and
not the employee who occupies that position.
2. When positions in a particular grade level, discipline or program are being reduced,
probationary (nontenured) employees will be placed on leave before permanent (tenured)
employees. No permanent (tenured) teacher shall be placed on leave of absence while
probationary (non-tenured) teachers are retained in positions for which a permanent teacher
is qualified.
3. A probationary employee who occupies a position to be eliminated will be considered for
reassignment to other positions staffed by other probationary employees within the
employee's area of specialization (for which they are certificated). Determination of who
will be placed on leave of absence without pay will be made on the basis of performance-based evaluations and seniority within the field of specialization; however, seniority shall
not be controlling. In addition to seniority, other factors that will be considered include
undergraduate and graduate preparation, participation in professional growth activities
which includes in-service workshops and district curricular meetings, and professional
service such as active involvement in professional organizations.
4. Permanent employees holding eliminated positions will be placed in other areas of
specialization (for which they are certificated), provided the areas in which they are
certificated are occupied by probationary employees. Those probationary employees may
then be considered for alternative placement as determined by the individual's certification
or else be placed on leave of absence. If all positions for which the permanent employee
is certificated are filled with other permanent employees, the decision of who will be
placed on leave of absence without pay will be made on the basis of performance-based
evaluations and seniority; however, seniority shall not be controlling within the field of
specialization. The additional factors delineated at the end of number three above will also
be taken into consideration.
5. No salary or fringe benefits will be paid or sick leave granted during an employee's leave
of absence, except as provided by law. However, the number of accrued sick leave days,
salary placement and tenure status will not be impaired during the leave period.
6. A teacher placed on leave of absence may engage in teaching or another occupation during
the period of the leave of absence.
7. Any unrequested leave of absence without pay as implemented under these procedures shall
continue for a period of not more than three years, unless extended by the Board of
Education.
Due Process
If it becomes necessary for the Board to place a certificated employee on leave of absence without
pay, the employee shall be afforded due process.
This due process shall be accomplished by the Board/Superintendent, adhering to the following
procedure:
1. The employee shall be provided a written statement that is reasonably adequate in
expressing the reason(s) for placing the employee on leave of absence without pay.
2. Likewise, the employee shall be provided with a reasonably adequate description of the
manner in which the initial decision was reached.
3. Information and data relied upon by the decision makers shall be disclosed to the
employee.
4. The employee will be provided an opportunity to respond before the Board of Education.
Plan for Re-Employment of Personnel Affected by Staff Reduction
In the re-employment of personnel affected by staff reductions through unrequested leaves of
absence, the district shall be governed by the following procedures:
1. Permanent teachers shall be reinstated to the positions from which they have been given
leaves of absence, or if not available, to positions requiring like training and experience,
or to other positions in the school district for which they are qualified by training and
experience.
2. If any positions are reinstated, those positions will be made available to those employees
who were affected by the reductions in the reverse order of dismissal (the last dismissed
will be the first rehired).
3. No appointment of new teachers shall be made while there are available teachers on
unrequested leave of absence who are properly qualified to fill such vacancies.
4. These re-employment provisions shall not apply to probationary employees whose
contracts are not renewed by the Board of Education. Nothing precludes the Board of
Education from non-renewing a probationary teacher who is on leave of absence for
reduction in force.
* * * * * * *
Note: The reader is encouraged to review policies and/or forms for related information in
this administrative area.
Implemented: 09/10/1990
Revised: 10/14/2002
Jefferson City School District, Jefferson City, Missouri
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