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

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Certificated Reduction in Force Overview: PKS and Layoff Process

Board Presentation February 28, 2012

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THE PROCEDURES ARE ALL STATUTORY

• Certificated layoff
• Governed by CA Education Code Section 44955
• r 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)

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DIFFERENT PROCESS FOR PROBATIONARY EMPLOYEES

• Article 19 in the CBA provides that:

– Probationary employees will be laid off in

• rder 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

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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

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Hearing Requirement

• All impacted teachers must be

allowed to attend the hearing

• District must pay for Visiting

Teachers

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CERTIFICATED LAYOFF: PKS

In order to lay off certificated staff, the Governing Board (Board of Education) must make the decision to reduce or eliminate:

Particular Kinds of Service

PKS

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PKS Examples

• Particular Kinds of Service

– Administrative Positions – Music – Counseling – Nurses – Electives

• French
• Spanish

– Elementary level teaching (K-6)

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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

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Developing PKS Areas & FTE

• Step 4 - Human Resources

1. Analyze the data from SBB – Used for developing PKS numbers 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

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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)

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Additional Preparation

• Seniority lists Prepared and Verified
• Seniority Lists Published
• Tie Breaking Criteria Developed and

Board Approved

• Impacts and Effects of Layoff Negotiated

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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

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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

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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

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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

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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

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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

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Preliminary PKS Areas in FTE

(not people or number of notices)

Leaves of Absence and On Loan--Reductions LOA/OL--Child Development FTE Child Development 6 LOA/OL--General Education FTE Business Education 1 English, Reading, Language Arts 31 English, Reading, Language Arts & Science: General Science 1 English, Reading, Language Arts & Social Science 1 Foreign Language: French 1 Foreign Language: Spanish 6 Foreign Language: Spanish & Social Science 1 General Subjects/Elementary 125 Mathematics 15 Mathematics & Science: General Science 1 Physical Education 6 Science: Biology 7 Science: Biology & Science: Chemistry 1 Science: Chemistry 4 Science: General Science 2 Science: Geosciences 2 Social Science 5 Visual and Perform Arts: Art 2 Visual and Perform Arts: Music 3

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Preliminary PKS Areas in FTE

(not people or number of notices)

LOA/OL--Services: Administrative FTE Services: Administrative--Principal 1 LOA/OL--Special Educaiton FTE Special Education: Adaptive Physical Education 2 Special Education: Deaf and Hard-of-Hearing 2 Special Education: Early Childhood Education 2 Special Education: Mild/Moderate 14 Special Education: Moderate/Severe 9 Special Education: Physical Impairments 1 Special Education: Visual Impairments 1 LOA/OL--Services: Support FTE Services: Counseling 10 Services: Nursing 1 Services: Psychology 5 Services: Speech and Language Pathologist 10

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Preliminary PKS Areas in FTE

(not people or number of notices)

Skip (IB, QEIA and Language Immersion) Totals Skip--Child Development FTE Child Development 1.00 Skip--Elementary FTE General Subjects/Elementary 65.50 Physical Education 0.60 Science: General Science 1.00 Skip--High School FTE English, Reading, Language Arts & Social Science 1.00 Foreign Language: French & Foreign Language: Spanish 1.00 Foreign Language: Spanish 2.00 Home Economics 1.00 Mathematics 1.20 Science: Biology 0.50 Visual and Perform Arts: Music 1.00

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Preliminary PKS Areas in FTE

(not people or number of notices)

Skip--K-8 FTE CCTE: Computer Concepts and Applications 1.00 English, Reading, Language Arts 1.00 Foreign Language: French 0.40 Foreign Language: French & Mathematics 1.00 Foreign Language: Spanish 1.00 Physical Education 1.00 Social Science 1.00 Skip--Middle School FTE English, Reading, Language Arts 7.20 English, Reading, Language Arts & Foreign Language: Arabic & Social Science 0.40 English, Reading, Language Arts & Mathematics & Science: General Science 3.00 English, Reading, Language Arts & Physical Education 2.00 English, Reading, Language Arts & Social Science 3.20 Foreign Language: French & Mathematics 1.00 Foreign Language: Spanish 2.00 Mathematics 6.00 Mathematics & Science: General Science 1.00 Science: General Science 6.00 Social Science 1.00 Visual and Perform Arts: Art 1.00 Visual and Perform Arts: Music 3.00 Skip--Special Education FTE Special Education: Mild/Moderate 9.00 Special Education: Moderate/Severe 4.00

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Preliminary PKS Areas in FTE

(not people or number of notices)

Total of PKS, LOA/OL, and Skip PKS--Total 1197.57 LOA/OL--Total 279.00 SKIP--Total 132.00 Grand Total 1608.57 Note: Based on the review of seniority caps of the 2010-2011 analysis as of March 16, 2011 These "skip" data are subject to change based on the final Notice of Intent to Dismiss analysis between 2/29/12-3/15/12

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Milestone Timeline

• February 28, 2012
• First Reading
• BOE will see PKS for the first time
• February 28-March 5
• HR to develop final PKS with employee names
• March 6, 2012
• BOE approves resolution for Notice of Intent to Dismiss
• March 7- March 15 (Target date of March 13)
• HR to prepares Notices of Intent to Dismiss and send notices to impacted

employees

• April 18-20
• Permanent Teacher Hearing
• May 7
• ALJ Decision
• Before May 15
• The BOE approves decision of Notice to Dismiss
• HR send out Notices to Dismiss