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FILE:  GCPA-AP
CRITICAL

 

REDUCTION IN PROFESSIONAL STAFF WORK FORCE

(Instructional Personnel)

 


In placing teachers on unrequested leave, the district will use the following procedures:

 

1.         The decision will be based on the district's need for the position, 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 teacher shall be placed on leave of absence while probationary 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.

 

4.         Permanent employees holding eliminated positions will be placed in other areas of specialization (for which they are certificated) provided that 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.

 

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. Employees may also participate in district health and accident insurance programs.

 

If the district has an unrestricted combined ending fund balance of more than ten (10) percent of current expenditures in its teachers' and incidental funds, and in the subsequent fiscal year the district, because of state appropriations, places a contracted teacher on leave of absence more than 40 days after the governor signs the elementary and secondary education appropriation bill, the district shall pay the affected teacher the greater of his or her salary for any days worked under the contract or a sum equal to $3,000.

 

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 (3) years, unless extended by the Board of Education.

 

8.         Permanent employees placed on unrequested leave of absence shall be placed on a preferred eligibility list for reinstatement for a period of three (3) years. Probationary teachers with three (3) or more years of service in the district shall be placed on a preferred eligibility list for reinstatement for a period of two (2) years. Probationary teachers with less than three (3) years of service in the district shall be placed on an eligibility list for reinstatement for a period of one (1) year.

 

9.         Placement on unrequested leave of absence shall be preceded by a written notice to the employee of intent to place on leave at least 20 days before the effective date of such leave and by a conference with the assistant superintendent-management services or designee if such conference is requested in writing by the employee.

 

10.       Employees to be placed on unrequested leave of absence may be allowed two (2) days personal leave with pay to seek other employment not deducted from available sick days or other personal available personal leave days. Requests must by submitted by district form and must be approved by the personnel office in advance of the leave. The personnel office will then notify other districts in the Kansas City metropolitan area of the employee’s availability for employment.

 

11.       In cases where the selection of the employee to be placed on unrequested leave of absence was determined by criteria other than certification and length of service in the district, such employees shall be so notified. Length of service shall be defined as follows:

 

            a.         All full-time and prorated part-time contracted teaching and administrative service in the district providing that there has been no more than a 15 month lapse between employment periods. Placement on unrequested leave of absence shall not constitute a lapse in employment.

 

            b.         Should two employees have the same length of service under the above their rank shall be determined as follows:

 

                        i.         Date the Board approved the contract.

 

                        ii.        Date the teacher was offered a contract.

 

                        iii.       Date the signed contract was received by the district.

 

            c.         Each year teachers shall be notified of their “length of service” as defined above.


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 as required by law, which may include the following:

 

1.         A written statement that is reasonably adequate in expressing the reason(s) for placing the employee on leave of absence without pay.

 

2.         A reasonably adequate description of the manner in which the initial decision was reached.

 

3.         Information and data relied upon by the decision makers.

 

4.         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 will be considered for selection to be recalled to service based on the following criteria, listed in order of importance:

 

            a.         Valid certification areas.

 

            b.         Proven capacity, experience, training and participation in activities listed on the pay schedule for additional service.

 

            c.         Quality of teaching performance.

 

            d.         Length of district service.

 

2.         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.

 

3.         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.

 

4.         Probationary teachers will be considered for selection to be recalled to service based on one (1) or a combination of a number of criteria, including:

 

            a.         Valid certification areas.

 

            b.         Proven capacity in areas such as coaching, debate, music or sponsorship of activities.

 

            c.         Nature of district service.

 

            d.         Preparation, experience and participation in areas germane to assignment.

 

            e.         Quality of teaching performance.

 

            f.         Length of district service.

 

In cases where the above criteria are determined to be equal, length of district service will be the determining factor.


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Note:  The reader is encouraged to review policies and/or forms for related information in this administrative area.

 

Implemented: 02/11/2003

 

Revised:          07/19/2005


North Kansas City School District, Kansas City, Missouri

 

Link to Missouri Statutes

Link to Missouri Regulations

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For Office Use Only: GCPA-AP.NKC (12/04)

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