Certificated Reduction in Force Overview: PKS and Layoff Process 1 - PowerPoint PPT Presentation

Board Presentation February 28, 2012 Certificated Reduction in Force Overview: PKS and Layoff Process 1

THE PROCEDURES ARE ALL STATUTORY • Certificated layoff ◦ Governed by CA Education Code Section 44955 or by an alternative negotiated agreement. • In San Diego Unified Schools • Layoff of Permanent certificated teachers is governed by the aforementioned statute…BUT • Probationary teacher layoff is governed by the SDEA Collective Negotiations contract (Article 19) 2

DIFFERENT PROCESS FOR PROBATIONARY EMPLOYEES • Article 19 in the CBA provides that: – Probationary employees will be laid off in order of least seniority. – Ties are broken by lottery – Probationary employees are reinstated in inverse order of seniority and can grieve sections of the contract not followed – Must be noticed by April 15 – SDUSD typically notices all employees by March 15 3

The Statutory Timelines • March 15 “Notice of Intent to Dismiss” to teachers – List provided in advance to Board of Education • Hearing Timelines – 7 Days for Teachers to request hearing – 10 Days after request for hearing, District delivers accusation packets – Teachers have 15 days after receiving the accusation to request discovery – Notice of hearing 10 days prior to hearing – 5 Days for teachers to provide Notice of Defense – Decision of Administrative Law Judge (ALJ) by May 7 • Board action on decision to Dismiss before May 15 – Adopt immediately to avoid Writ of Mandate for judicial review • Decision effective 30 days after mailed unless otherwise stated 4

Hearing Requirement • All impacted teachers must be allowed to attend the hearing • District must pay for Visiting Teachers 5

CERTIFICATED LAYOFF: PKS In order to lay off certificated staff, the Governing Board (Board of Education) must make the decision to reduce or eliminate: P articular K inds of S ervice PKS 6

PKS Examples • Particular Kinds of Service – Administrative Positions – Music – Counseling – Nurses – Electives • French • Spanish – Elementary level teaching (K-6) 7

Determining PKS • Step 1 – Budget Development  Finance determines 12-13 budget  BOE approves First Interim Budget  Finance issues site and department budget books (reflects the $120 million dollar deficit & based on projected enrollment forecast) • Step 2 – School Site Budgets  School Sites and Departments complete budget work and submits position eliminations through the SBB books • Step 3 – Site Budget Approvals  Area Superintendents, MAR(Monitoring & Accountability Reporting), & Finance approve SBB books 8

Developing PKS Areas & FTE • Step 4 - Human Resources Analyze the data from SBB – Used for developing PKS numbers 1. 2. Analyze “skipping”* criteria - Used for developing PKS numbers 3. Analyze attrition** - i.e. separations (average numbers for three years) 4. Analyze Leaves*** – Number of Long-term (average numbers for three years) – Typically staffed by Leave Replacement contracts * Skipping – In statutory terms, deviation from seniority - to retain junior certificated employees ** Attrition - Not factored in developing PKS numbers BUT are considered if position is funded *** Leaves - Not factored in developing PKS numbers BUT are considered when offering Leave Replacement Contracts 9

After the PKS are Identified  The elimination or reduction of positions in those services is converted to full time equivalent (FTE)  Based on district seniority and state credentialing a list of least senior persons performing those services are determined and sent a “Notice of Intent to Dismiss” • If a person on this list (PKS) holds another credential for which they can teach, they are permitted to bump into that teaching area • If that teaching area is occupied by a least senior employee  Example: PKS in Elementary – Impacted elementary teacher holds an English credential AND has more seniority than another English teacher – The least senior English teacher will be Noticed (Not an English PKS BUT a result of an Elem. PKS) 10

Additional Preparation • Seniority lists Prepared and Verified • Seniority Lists Published • Tie Breaking Criteria Developed and Board Approved • Impacts and Effects of Layoff Negotiated 11

SENIORITY LISTS • Who is on a Certificated Seniority List? – ADMINISTRATORS – PERMANENT TEACHERS – PROBATIONARY TEACHERS – TEACHERS and ADMINISTRATORS on LEAVE OF ABSENCE – FULL-TIME and PART-TIME TEACHERS 12

WHO IS NOT ON SENIORITY LIST? • Temporary Teachers – “Leave Replacement” contracted teachers • Temporary teachers have a year-to-year contract which begins with a start date and ends at the end of a semester or at the end of the school year 13

Preliminary PKS Areas in FTE (not people or number of notices) Particular Kind of Service Reductions PKS--Atypical/Alternative FTE Business Education 1.00 Computer Concepts and Applications & Social Science 1.00 English, Reading, Language Arts 2.50 Foreign Language: French & Foreign Language: Spanish 0.85 Foreign Language: Spanish 2.00 Mathematics 1.20 Mathematics & Science: General Science 0.60 Science: General Science 1.00 Visual and Perform Arts: Art 1.80 Visual and Perform Arts: Dance 0.50 Visual and Perform Arts: Music 1.40 PKS--Child Development FTE Child Development 61.75 PKS--Elementary FTE Computer Concepts and Applications 3.80 English, Reading, Language Arts & Mathematics & Physical Education 1.00 Foreign Language: French 0.40 General Subjects/Elementary 536.01 Physical Education 30.60 Science: General Science 11.60 Visual and Perform Arts: Art 3.30 Visual and Perform Arts: Music 6.80 14

Preliminary PKS Areas in FTE (not people or number of notices) PKS--High Schools FTE Business Education 3.66 CCTE: Construction 1.00 Computer Concepts and Applications 0.33 English, Reading, Language Arts 55.10 English, Reading, Language Arts & Physical Education 1.00 English, Reading, Language Arts & Science: Chemistry 1.00 English, Reading, Language Arts & Social Science 5.72 Foreign Language: Chinese 0.40 Foreign Language: Filipino 1.00 Foreign Language: French 5.00 Foreign Language: French & Foreign Language: Spanish 1.00 Foreign Language: Spanish 15.20 Foreign Language: Spanish & Mathematics 1.00 Foundational-Level Mathematics 4.00 Home Economics 2.00 Industrial Technology 3.00 Mathematics 32.10 Mathematics & Physical Education 1.00 Physical Education 11.77 Physical Education & Social Science 3.00 Science: Biology 11.50 Science: Biology & Science: Chemistry 1.00 Science: Biology & Science: Geosciences 2.00 Science: Chemistry 3.00 Science: Chemistry & Science: Physics 1.00 Science: General Science 1.00 Science: Geosciences 5.00 Science: Physics & Social Science 1.00 Social Science 19.60 Visual and Perform Arts: Art 8.60 Visual and Perform Arts: Music 7.00 15

Preliminary PKS Areas in FTE (not people or number of notices) PKS--K-8 FTE Computer Concepts and Applications 1.00 English, Reading, Language Arts & Science: General Science 1.00 English, Reading, Language Arts & Social Science 1.00 Foreign Language: French 0.40 Mathematics 1.00 Physical Education 5.20 Science: General Science 2.00 Social Science 1.40 Visual and Perform Arts: Music 1.20 PKS--Middle Schools FTE Computer Concepts and Applications 2.00 Computer Concepts and Applications & Visual and Perform Arts: Music 0.60 English, Reading, Language Arts 30.08 English, Reading, Language Arts & Foreign Language: Spanish 2.00 English, Reading, Language Arts & Mathematics 1.00 English, Reading, Language Arts & Mathematics & Science: General Science 1.00 English, Reading, Language Arts & Social Science 14.00 English, Reading, Language Arts & Visual and Perform Arts: Art 1.00 Foreign Language: Filipino 1.00 Foreign Language: Italian 1.00 Foreign Language: Spanish 3.10 Foreign Language: Spanish & Social Science 1.00 Foundational-Level Mathematics 1.00 Mathematics 12.80 Mathematics & Science: General Science 4.00 Mathematics & Science: General Science & Social Science 1.00 Mathematics & Social Science & Visual and Perform Arts: Art 1.00 Physical Education 12.54 Science: Biology 1.00 Science: General Science 19.00 Social Science 12.60 Visual and Perform Arts: Art 1.90 Visual and Perform Arts: Music 3.40 16

Preliminary PKS Areas in FTE (not people or number of notices) PKS--Services: Administrative FTE Services: Administrative--Principal 4.50 Services: Administrative--Program Manager 1.00 Services: Administrative--Vice Principal 7.80 PKS--Services: Support FTE Services: Counseling 50.95 Services: Library Media 6.06 Services: Nursing 38.45 Services: Psychology 1.30 Services: Voc Rehab Counseling 7.80 PKS--Special Education FTE Special Education: Mild/Moderate 35.90 Special Education: Moderate/Severe 8.50 PKS--Visual & Performing Arts--Central Office FTE Visual and Perform Arts: Music 15.00 17