Ida Public School District
Bylaws & Policies
 

3131 - REDUCTION AND RECALL OF TEACHERS

 In making program and staffing decisions, the Board of Education shall retain the most effective teachers who are certified and qualified to instruct the courses within the established curriculum, academic levels and departments. The Board of Education shall determine the size of the teaching staff in response to curricular, fiscal, and other operating conditions and retains the exclusive right to do so. To the extent that such determinations involve the requirements of Section 1248 of the Revised School Code, M.C.L. 380.1248, this policy shall guide the implementation of that statute.

To the extent that such determinations involve the adoption and implementation of a reform plan under Section 1280c of the revised School Code (Priority Schools), M.C.L. 380.l280c, and corresponding regulations and guidance, this policy and the District's reform plan shall control.
 

A.

General Provisions
 
 

1.

This policy applies to "teachers", which term refers to those District employees whose employment is regulated by the Teachers' Tenure Act, M.C.L. 38.71, et seq.
 
 

2.

The Superintendent shall be responsible, acting within budgetary approval and consistent with any applicable school redesign plan approved by the Michigan Department of Education, for establishing the number and type of teaching assignments to implement the approved curriculum. If the Superintendent determines that insufficient funds are budgeted for the existing complement of faculty or that a reduction in teaching staff is necessary due to programmatic or curricular considerations (including, but not limited to, implementation of a school redesign plan), s/he shall recommend to the Board the number of teaching positions and the academic levels or departments to be reduced.
 
 

3.

Similarly, if after a reduction of teachers, the Superintendent determines that the District's programs and curriculum cannot be delivered through the existing complement of faculty and that sufficient funds are budgeted to support an increase in the number of teachers, s/he shall recommend to the Board the number of teachers to be added and the affected academic level(s) or department(s). If a school is operating under a redesign plan which authorizes a reduction in existing staff, recall of teachers is contingent upon compliance with the redesign plan.
 
 

4.

Decisions involving the reduction and recall of teachers shall be guided by the following:
 
 

a.

These decisions will be initially premised on retaining highly effective and effective teacher who are certified (or otherwise approved or authorized) and qualified to instruct the courses within the established curriculum, grades, and departments.
 
 

1)

A teacher shall maintain current and valid certification, approval or authorization, as applicable, and shall be responsible for filing a copy of his/her teaching certificate, approval or authorization, with the Superintendent’s office in conformance with requirements of Section 1532 of the Revised School Code. If a teacher petitions for nullification of his/her teaching certificate or any endorsement, s/he shall promptly provide written notice of that petition to the Superintendent’s office. A teacher shall supply current documentation to the District of all of the teacher’s qualifications.
 
 

All teachers must be properly certified, approved or authorized for all aspects of their assignment. The certification, authorization, approval status of a teacher shall be determined by the Revised School Code, the Teacher Certification Code, the Michigan Department of Education’s Rules for Special Education Programs and Services, and other applicable statutes and regulatory authority.
 
 

2)

Reduction and recall decisions shall be made on the basis of the certification and qualifications of a teacher, as reflected in the District’s records, at the time that such decisions are made.
 
 

3)

It is the laid-off teacher’s responsibility to maintain current contact information (address, phone and e-mail address) in the Superintendent’s office. Failure to maintain current contact information may negatively impact the teacher’s layoff or recall rights under this Policy.
 
 

4)

The Superintendent shall provide written notice of layoff or recall to affected teachers, by regular mail and certified mail, or hand delivery when possible. Email may be used if the teacher indicates in writing that s/he may be sent correspondence by email.
 
 

5)

All teacher reductions and recalls are subject to formal action and approval by the Board of Education.
 
 

b.

A teacher's length of service with this District or the teacher's attainment of tenure under the Teachers' Tenure Act shall not be the primary or determining factor in layoff and recall decisions, except if the decision involves two (2) or more teachers and all have the same effectiveness ratings, as described in B., 4. of this Policy.
 
 

In that circumstance, a tenured teacher has priority over a probationary teacher and, among tenured teachers, the teacher’s seniority (as established by the most recent seniority list for the bargaining unit to which the tenured teachers belong) will determine preference for reduction and recall.
 
 

1)

This policy shall not require retention or recall of a probationary or tenured teacher whose most recent performance evaluation contains an overall rating of "ineffective" or "minimally effective" in preference to any probationary or tenured teacher rated either "effective" or "highly effective", as reflected in that teacher’s most recent performance evaluation(s).
 
 

2)

A probationary teacher who is rated as effective or highly effective on his or her most recent annual year-end performance evaluation is not subject to being displaced under this policy by a tenured teacher solely because the other teacher has attained tenure under the Teacher’s Tenure Act, M.C.L. 38.71 et seq.
 
 

B.

Reduction in Staff Process:
 
 

1.

All layoff decisions shall be guided by the following requirements:
 
 

a.

All teachers must also be qualified for all aspects of their assignment, as determined by the Board, considering:
 
 

1)

Compliance with applicable State or Federal regulatory standards, including, but not limited to, those standards established as a condition to receipt of foundation, grant, or categorical funding;
 
 

2)

Compliance with applicable accreditation requirements;
 
 

3)

A teacher’s professional training and academic preparation relevant to an instructional assignment and are predictive of the teacher’s effectiveness in that assignment;
 
 

4)

Formal or specialized training in subject area or grade level;
 
 

5)

College course content and continuing education courses in instructional subject area;
 
 

6)

Possession or satisfaction of any qualification requirement(s) contained in a job posting, job description, or administrative regulation pertaining to the position in question which was promulgated in advance of the reduction or recall.
 
 

b.

A teacher’s prior teaching experience is relevant to an instructional assignment and is predictive of the teacher’s effectiveness in that assignment. This may include, but is not limited to, the following factors:
 
 

1)

the building and grade level;
 
 

2)

instructional subjects;
 
 

3)

recency of relevant and comparable teaching assignments; and
 
 

4)

previous effectiveness ratings.
 
 

2.

When a teaching position has been identified for reduction and there exists a concurrently vacant teaching assignment for which the incumbent teacher in the position to be reduced is both certified and qualified, and if that teacher has received an overall rating of at least "effective" on his/her most recent year-end performance evaluation, that teacher may be assigned to the vacant position unless the Superintendent determines that the educational interests of the District would not be furthered by that assignment.
 
 

3.

If one or more teaching positions are to be reduced, the Superintendent shall first identify the academic level(s), school building(s), or department(s) impacted by the reduction. Among those teachers who are certified, approved, or authorized and qualified to instruct the remaining curriculum within the impacted academic levels or departments, selection of a teacher for layoff shall be based upon the teacher’s effectiveness score as determined under B., 4., below. Teachers with the highest effectiveness scores will be retained and the teachers with the lowest effectiveness scores will be laid off.
 
 

4.

A teacher’s effectiveness rating for layoff and recall decisions shall be determined according to the following standards:
 
 

a.

Individual performance shall be the majority factor in determining a teacher’s effectiveness rating. The teacher’s individual performance shall be based on the performance evaluation system as required by Section 1249 of the Revised School Code.
 
 

1)

In arriving at the value of a teacher’s effectiveness rating on the criterion of individual performance, the predominant factor shall be based on evidence of student growth. The percentage weight assigned to student growth within the performance evaluation shall comply with Section 1249 of the Revised School Code.
 
 

2)

The remainder of the teacher’s effectiveness rating on the criterion of individual performance shall be based on the evaluation results of demonstrated pedagogical skills as reflected in the evaluation tool, "The Thoughtful Classroom".
 
 

a)

Organization, Rules and Procedures
 
 

b)

Positive Relationships
 
 

c)

Engagement and Enjoyment
 
 

d)

A culture of Thinking and Learning
 
 

e)

Preparing Students for New Learning
 
 

f)

Presenting New Learning
 
 

g)

Deepening and Reinforcing Learning
 
 

h)

Applying Learning
 
 

i)

Reflecting on and Celebrating Learning
 
 

j)

Professional Practice
 
 

These components include, but are not limited to, all the standards articulated in M.C.L. 380.1248:
 
 

a)

teacher's knowledge of subject matter pertinent to the area of his/her assignment;
 
 

b)

teacher's ability to impart that knowledge to students as demonstrated through planning, delivering rigorous content, checking for and building higher-level understanding of the subject, differentiating and managing a classroom;
 
 

c)

teacher's ability to manage the classroom as well as the teacher's manner and efficacy of disciplining students;
 
 

d)

teacher's ability to maximize effective use of instructional time through consistent proficient preparation;
 
 

e)

the quality of teacher's relationships with students, parents/guardians and other teachers;
 
 

f)

teacher's attendance record, exclusive of any absences taken under the FMLA or as a reasonable accommodation pursuant to applicable State and Federal laws;
 
 

b.

An additional factor (two and one-half percent (2.5%)) in determining teacher effectiveness shall be the extent to which the teacher has made clear, significant, and relevant accomplishments and contributions and has demonstrated a record of exceptional performance. Those contributions and accomplishments must exceed the normal expectations for an individual in the teacher’s professional peer group.
 
 

1)

These accomplishments and contributions shall include any activities or functions for which the teacher receives additional remuneration, including, but not limited to, extra pay for extra duty assignments.
 
 

2)

The Superintendent shall develop and publish a list of activities that will be regarded by the District as indicators of teacher effectiveness because those activities reflect accomplishments and contributions exceeding normal expectations for a teacher’s professional peer group.
 
 

3)

The Superintendent shall designate values for the identified accomplishments and contributions as defined above, that will be used in the calculation of the teacher’s effectiveness score.
 
 

4)

The Superintendent shall develop and maintain a system for the recording and verification of those activities of teachers that qualify as accomplishments and contributions to be used in the calculation of a teacher’s effectiveness score.
 
 

c.

The final factor in determining teacher effectiveness (two and one-half percent (2.5%)) is the teacher’s relevant special training to the instructional assignment and the teacher has integrated that training into instruction in a meaningful way.
 
 

1)

Qualifying training excludes any training or professional development under Sections 1526, 1526a, or 1527 of the Revised School Code or otherwise designated on a regularly-scheduled teacher work day during teacher work hours.
 
 

2)

Qualifying training or professional development must satisfy all of the following standards:
 
 

a)

The training or professional development takes place outside of the teacher work day during the school year or outside the teacher work year.

 

b)

The training or professional development has direct relevance to the teacher’s assignment or to another area within the teachers’ endorsements, authorization, approval and has received the prior approval of the Superintendent (or designee).
 
 

3)

The Superintendent shall develop and maintain a system for the recording and verification of qualifying professional development and training to be used in the calculation of a teacher’s effectiveness rating.
 
 

4)

The Superintendent shall designate the values associated with qualifying professional development and training that will be used in the calculation of a teacher’s effectiveness rating.
 
 

5)

A teacher who has earned an effectiveness rating through completion of qualifying professional development or training shall retain that score for two (2) school years after the school year in which it is initially earned, so long as there is evidence that the teacher continues to integrate that training or professional development into instruction in a meaningful way. This standard does not prevent a teacher from taking additional qualifying training or professional development to enhance the teacher’s effectiveness rating.
 
 

C.

Recall Process
 
 

1.

A teacher is eligible for recall under this policy for one (1) year.
 
 

2.

The Superintendent shall first identify the grades, school buildings, or departments where a vacancy exists. The Superintendent may reassign on-staff teachers to such position(s) in accordance with District Policy 3130 - Teacher Placement.
 
 

3.

If, after the reassignment of existing teaching staff, the Superintendent determines to recall a laid off teacher, the following shall apply:
 
 

a.

Recall of teacher(s) to vacancies may be accomplished by recalling the teacher with highly effective or effective rating who is certified and qualified for the vacancy.
 
 

b.

If the Superintendent determines, in his or her discretion, that no teacher on layoff meets the certification and qualification requirements for the position or as otherwise stated herein, the Superintendent may post the vacancy and consider all applicants.
 
 

4.

If a teacher is selected for recall to a vacant position, the following apply:
 
 

a.

The Superintendent shall provide written notice of recall to teachers and shall establish the time within which the teacher must accept recall in order to preserve the teacher’s employment rights.
 
 

b.

A teacher who is recalled and fails to accept recall by the time designated in the recall notice and report for work by the deadline specified in the recall notice, shall be regarded as having forfeited all rights to recall and continued employment unless the Superintendent, in his/her discretion, has extended those time limitations, in writing.

M.C.L. 38.71, et seq., 380.11a (K-12), 380.601a (ISD), 380.1248, 380.1249
M.C.L. 380.1280c, 380.1532, 423.215

Revised 12/8/14
Revised 8/8/16
Revised 6/26/17

© 2016 Thrun Law Firm, P.C.