Handout 1 - Minnesota School Boards Association
TEACHING STAFF REDUCTIONS January 2015
AGENDA Procedures to follow during non‐renewal and the ULA process Negotiating your own ULA language
Eliminating or Reducing Teaching Positions Either Way the District Must Work From a Seniority List: 1. Master Agreement language should include; a. who is responsible for developing the seniority list, b. timelines for the development of the seniority list, c. procedures to challenge placement on the seniority list, and d. a final cutoff date for changes to the seniority list. 2. The Master Agreement should also include tie‐ breaker language.
Eliminating or Reducing Teaching Positions Establishment of Seniority List: 1. Preparation a. done annually b. posted 2. Request for Change a. 10 days b. proof to administrative office 3. Final List a. post final corrected list within 10 days b. binding on teachers and the district
Eliminating or Reducing Teaching Positions Probationary Teachers: 1. No statutory or case law obligation to place probationary teachers on ULA exists. 2. Probationary teachers must be non‐renewed before continuing contract (tenured) teachers licensed in the same area are placed on ULA.
Eliminating or Reducing Teaching Positions Tenured Teachers: 1. If the exclusive representative and the school district have negotiated ULA language as provided in the statute – follow the negotiated language. 2. If no negotiated language – must follow the statute.
Eliminating or Reducing Teaching Positions Procedure for Placing Teachers on ULA: 1. The school district’s administration informs the school board at the earliest possible time that reductions may be necessary. 2. The school board adopts a resolution directing the administration to make a recommendation for the reduction in programs and discontinuance of positions.
Eliminating or Reducing Teaching Positions School Board Acts on the Administration’s Recommendations: 1. Adopt a resolution reducing programs and discontinuing positions without naming individuals. 2. Prioritize the recommendations.
Eliminating or Reducing Teaching Positions Unless Otherwise Provided in the Master Agreement, the Administration Must Realign the Teaching Staff to Determine the Least Senior Teachers to be Placed on ULA or Non‐renewed: 1. Realignment must be reasonable and practical as determined by Strand. 2. The school board adopts individual resolutions for non‐renewal and placement on ULA.
Eliminating or Reducing Teaching Positions Probationary Teacher: 1. May request reason for his/her non‐renewal. 2. Within 10 days of the request, the school board must give the teacher its reason(s) in writing. Tenured Teacher: 1. Must first propose placement on ULA. 2. Notice should include the statutory grounds for the placement, the chain of reasoning which links the individual to the proposed placement, and the individual’s right to request a hearing to determine if the individual has been correctly placed on ULA.
Eliminating or Reducing Teaching Positions If No Hearing is Requested: 1.Constitutes acquiescence to the proposed placement on ULA. 2. The school board should adopt a resolution placing the teacher on ULA as a result of acquiescence. 3. Notice of placement on ULA must be served to the teacher by July 1 or an earlier date if called for in the Master Agreement.
Eliminating or Reducing Teaching Positions If the Teacher Requests a Hearing: 1. Request should be made in writing. 2. Hearing must be completed so teacher may be served with a notice of placement on ULA prior to July 1 or an earlier negotiated date. 3. The school board may unilaterally set the date.
Eliminating or Reducing Teaching Positions The Hearing: 1. An independent hearing officer should be selected. 2. The hearing is public. 3. A court reporter is required to record all testimony and to receive exhibits. 4. Each party must be given the opportunity to introduce testimony.
Eliminating or Reducing Teaching Positions The Hearing continued: 5. The school district must establish 2 elements; a. the need for placement on ULA exists, and b. the correct teachers have been proposed for placement on ULA.
Eliminating or Reducing Teaching Positions The School Board Must Decide Either: 1. To place the teacher on ULA. 2. Dismiss the proceedings and serve the teacher with notice of that decision. If the school board is going to place the teacher on ULA, it must adopt the findings of fact based upon competent evidence and serve notice by July 1 or any earlier negotiated date.
Eliminating or Reducing Teaching Positions Reduction Rather Than Elimination of a Position: 1. Probationary teacher – non‐renew the teacher for the entire position and advertise the part‐time position; a. may rehire the teacher for the part‐time position, b. may earn tenure for the reduced position. 2. Tenured teacher – the teacher should be proposed for placement on ULA for the amount of time the position is reduced; a. limits recall rights to the actual amount of time reduced, b. may only be recalled to a vacant position.
Eliminating or Reducing Teaching Positions Reinstatement Rights: 1. To available vacant position(s) from which placed on ULA. 2. Priority to other vacant positions in field(s) for which licensed. 3. A teacher accepting recall to a lesser position remains on ULA for the extent of the previously held position. 4. Exist for 5 years or the amount of time the parties have negotiated.
Eliminating or Reducing Teaching Positions Reinstatement Rights continued: 5. Must file a written statement requesting reinstatement by April 1. 6. No new teacher may be hired for a vacant position if a qualified teacher is available on ULA. 7. Reinstatement is in inverse order of being placed on ULA. 8. May have to realign teachers in order to reinstate the teacher on ULA.
Eliminating or Reducing Teaching Positions Suggested Timeline: 1. Administrative report to school board on need for reduction – February 10. 2. School board directive to administration for recommended reductions – February 15. 3. Administration reports and makes recommendations for reductions. School board action on administrative recommendation – April 1.
Eliminating or Reducing Teaching Positions Suggested Timeline continued: 4. School board resolutions and notice including hearing date to individual teachers proposed for non‐renewal or placement on ULA – April 1‐15. 5. Hearings, if any, on ULA – May 1‐June 15 6. Service of school board decision on teachers placed on ULA – June 15‐30. 7. Dates will have to be adjusted if Master Agreement includes an earlier deadline.
Eliminating or Reducing Teaching Positions The Uniformed Services Employment and Reemployment Rights Act (USERRA): If a teacher (tenured or probationary) had his/her teaching experience interrupted by military service, he/she cannot be terminated except for “cause” for a certain period of time: 1. On military leave for more than 180 days – 1 year, 2. 30‐180 days – 180 days.
Eliminating or Reducing Teaching Positions Minnesota Law: 1. M.S. 192.261, Subd. 2. – public employees returning to work from active military service in “war or other emergency” cannot be terminated except for “cause” within 1 year. 2. M.S. 192.261, Subd. 5. – public employees returning to work after 3 consecutive months (or more) “active duty for training” cannot be terminated except for “cause” for 6 months.
Eliminating or Reducing Teaching Positions “For Cause” Questions 1. Did the School District give to the teacher forewarning or foreknowledge of the possible or probable disciplinary consequences of the teacher’s conduct? 2. Was the School District’s rule reasonably related to (a) the orderly, efficient, and safe operation of the School District and (b) the performance that the School District might properly expect of the teacher? 3. Did the School District, before administering discipline to the teacher, make an effort to discover whether the teacher did in fact violate or disobey a rule or order of management? 4. Was the School District’s investigation conducted fairly and objectively?
Eliminating or Reducing Teaching Positions “For Cause” Questions continued: 5. At the investigation, did the School District obtain substantial evidence or proof that the teacher was guilty as charged? 6. Has the School District applied its rules, orders, and penalties even‐handedly and without discrimination to all teachers? 7. Was the degree of discipline in a particular case reasonably related to (a) the seriousness of the teacher’s proven offense and (b) the record of the teacher in his/her service with the School District?
RESOURCES Available Resources: 1. MSBA’s Service Manual – Chapter 13, Law Bulletin N. 2. MSBA’s Management Services Newsletter April 27, 2012, and March 24, 2010. The contents of this presentation are provided for informational use only and are not to be construed as legal advice. If you need legal advice, consult your attorney.
CONTACT INFORMATION • Bill Kautt • Associate Director of Management Services • 1900 W. Jefferson Ave. • St. Peter, MN 56082 • 1‐800‐324‐4459 • [email protected]
AGENDA Procedures to follow during non‐renewal and the ULA process Negotiating your own ULA language
Eliminating or Reducing Teaching Positions Either Way the District Must Work From a Seniority List: 1. Master Agreement language should include; a. who is responsible for developing the seniority list, b. timelines for the development of the seniority list, c. procedures to challenge placement on the seniority list, and d. a final cutoff date for changes to the seniority list. 2. The Master Agreement should also include tie‐ breaker language.
Eliminating or Reducing Teaching Positions Establishment of Seniority List: 1. Preparation a. done annually b. posted 2. Request for Change a. 10 days b. proof to administrative office 3. Final List a. post final corrected list within 10 days b. binding on teachers and the district
Eliminating or Reducing Teaching Positions Probationary Teachers: 1. No statutory or case law obligation to place probationary teachers on ULA exists. 2. Probationary teachers must be non‐renewed before continuing contract (tenured) teachers licensed in the same area are placed on ULA.
Eliminating or Reducing Teaching Positions Tenured Teachers: 1. If the exclusive representative and the school district have negotiated ULA language as provided in the statute – follow the negotiated language. 2. If no negotiated language – must follow the statute.
Eliminating or Reducing Teaching Positions Procedure for Placing Teachers on ULA: 1. The school district’s administration informs the school board at the earliest possible time that reductions may be necessary. 2. The school board adopts a resolution directing the administration to make a recommendation for the reduction in programs and discontinuance of positions.
Eliminating or Reducing Teaching Positions School Board Acts on the Administration’s Recommendations: 1. Adopt a resolution reducing programs and discontinuing positions without naming individuals. 2. Prioritize the recommendations.
Eliminating or Reducing Teaching Positions Unless Otherwise Provided in the Master Agreement, the Administration Must Realign the Teaching Staff to Determine the Least Senior Teachers to be Placed on ULA or Non‐renewed: 1. Realignment must be reasonable and practical as determined by Strand. 2. The school board adopts individual resolutions for non‐renewal and placement on ULA.
Eliminating or Reducing Teaching Positions Probationary Teacher: 1. May request reason for his/her non‐renewal. 2. Within 10 days of the request, the school board must give the teacher its reason(s) in writing. Tenured Teacher: 1. Must first propose placement on ULA. 2. Notice should include the statutory grounds for the placement, the chain of reasoning which links the individual to the proposed placement, and the individual’s right to request a hearing to determine if the individual has been correctly placed on ULA.
Eliminating or Reducing Teaching Positions If No Hearing is Requested: 1.Constitutes acquiescence to the proposed placement on ULA. 2. The school board should adopt a resolution placing the teacher on ULA as a result of acquiescence. 3. Notice of placement on ULA must be served to the teacher by July 1 or an earlier date if called for in the Master Agreement.
Eliminating or Reducing Teaching Positions If the Teacher Requests a Hearing: 1. Request should be made in writing. 2. Hearing must be completed so teacher may be served with a notice of placement on ULA prior to July 1 or an earlier negotiated date. 3. The school board may unilaterally set the date.
Eliminating or Reducing Teaching Positions The Hearing: 1. An independent hearing officer should be selected. 2. The hearing is public. 3. A court reporter is required to record all testimony and to receive exhibits. 4. Each party must be given the opportunity to introduce testimony.
Eliminating or Reducing Teaching Positions The Hearing continued: 5. The school district must establish 2 elements; a. the need for placement on ULA exists, and b. the correct teachers have been proposed for placement on ULA.
Eliminating or Reducing Teaching Positions The School Board Must Decide Either: 1. To place the teacher on ULA. 2. Dismiss the proceedings and serve the teacher with notice of that decision. If the school board is going to place the teacher on ULA, it must adopt the findings of fact based upon competent evidence and serve notice by July 1 or any earlier negotiated date.
Eliminating or Reducing Teaching Positions Reduction Rather Than Elimination of a Position: 1. Probationary teacher – non‐renew the teacher for the entire position and advertise the part‐time position; a. may rehire the teacher for the part‐time position, b. may earn tenure for the reduced position. 2. Tenured teacher – the teacher should be proposed for placement on ULA for the amount of time the position is reduced; a. limits recall rights to the actual amount of time reduced, b. may only be recalled to a vacant position.
Eliminating or Reducing Teaching Positions Reinstatement Rights: 1. To available vacant position(s) from which placed on ULA. 2. Priority to other vacant positions in field(s) for which licensed. 3. A teacher accepting recall to a lesser position remains on ULA for the extent of the previously held position. 4. Exist for 5 years or the amount of time the parties have negotiated.
Eliminating or Reducing Teaching Positions Reinstatement Rights continued: 5. Must file a written statement requesting reinstatement by April 1. 6. No new teacher may be hired for a vacant position if a qualified teacher is available on ULA. 7. Reinstatement is in inverse order of being placed on ULA. 8. May have to realign teachers in order to reinstate the teacher on ULA.
Eliminating or Reducing Teaching Positions Suggested Timeline: 1. Administrative report to school board on need for reduction – February 10. 2. School board directive to administration for recommended reductions – February 15. 3. Administration reports and makes recommendations for reductions. School board action on administrative recommendation – April 1.
Eliminating or Reducing Teaching Positions Suggested Timeline continued: 4. School board resolutions and notice including hearing date to individual teachers proposed for non‐renewal or placement on ULA – April 1‐15. 5. Hearings, if any, on ULA – May 1‐June 15 6. Service of school board decision on teachers placed on ULA – June 15‐30. 7. Dates will have to be adjusted if Master Agreement includes an earlier deadline.
Eliminating or Reducing Teaching Positions The Uniformed Services Employment and Reemployment Rights Act (USERRA): If a teacher (tenured or probationary) had his/her teaching experience interrupted by military service, he/she cannot be terminated except for “cause” for a certain period of time: 1. On military leave for more than 180 days – 1 year, 2. 30‐180 days – 180 days.
Eliminating or Reducing Teaching Positions Minnesota Law: 1. M.S. 192.261, Subd. 2. – public employees returning to work from active military service in “war or other emergency” cannot be terminated except for “cause” within 1 year. 2. M.S. 192.261, Subd. 5. – public employees returning to work after 3 consecutive months (or more) “active duty for training” cannot be terminated except for “cause” for 6 months.
Eliminating or Reducing Teaching Positions “For Cause” Questions 1. Did the School District give to the teacher forewarning or foreknowledge of the possible or probable disciplinary consequences of the teacher’s conduct? 2. Was the School District’s rule reasonably related to (a) the orderly, efficient, and safe operation of the School District and (b) the performance that the School District might properly expect of the teacher? 3. Did the School District, before administering discipline to the teacher, make an effort to discover whether the teacher did in fact violate or disobey a rule or order of management? 4. Was the School District’s investigation conducted fairly and objectively?
Eliminating or Reducing Teaching Positions “For Cause” Questions continued: 5. At the investigation, did the School District obtain substantial evidence or proof that the teacher was guilty as charged? 6. Has the School District applied its rules, orders, and penalties even‐handedly and without discrimination to all teachers? 7. Was the degree of discipline in a particular case reasonably related to (a) the seriousness of the teacher’s proven offense and (b) the record of the teacher in his/her service with the School District?
RESOURCES Available Resources: 1. MSBA’s Service Manual – Chapter 13, Law Bulletin N. 2. MSBA’s Management Services Newsletter April 27, 2012, and March 24, 2010. The contents of this presentation are provided for informational use only and are not to be construed as legal advice. If you need legal advice, consult your attorney.
CONTACT INFORMATION • Bill Kautt • Associate Director of Management Services • 1900 W. Jefferson Ave. • St. Peter, MN 56082 • 1‐800‐324‐4459 • [email protected]
