Staff Reduction and Recall Policy

This policy will govern involuntary temporary or permanent layoff arising as a result of excess teaching staff, as well as recall procedures for such staff. This policy will be subject to the terms of the employment contract between the school and teacher.

Procedures to Determine Staff Surplus to Need

When making organizational plans for a school year, the principal, education committee or other board representative, on receipt of the school’s teaching staff allocation and student projection, and after consultation with the administrative team and teaching staff, will make decisions regarding:

1. The instruction to be offered to meet the needs of the school population.

2. The way in which the school will be organized to best provide the programs.

3. The distribution of the teaching assignments among the teachers on regular contract known to be remaining at the school.

The principal, education committee or other board representative shall determine for each school year whether or not the number of teaching staff under continuing contract exceeds the anticipated or actual needs for teaching staff as indicated by projected enrolment, course offerings and other factors.

As soon as teaching staff reduction appears imminent for the following school year, the principal, education committee or other board representative must advise the board and teaching staff of that possibility.

If the total instructional needs for the projected school population are not sufficient to provide assignments to all teaching staff, the board or some other person duly appointed by the board is responsible for identifying teaching staff to be declared surplus to need.

The board favors attrition as the best way to reduce teaching staff when necessary. The board or its duly authorized representative will take into consideration part time teaching assignments, known resignations, retirements and leaves of absence approved by the board before implementing procedures for layoff. In addition, the employment contracts of probationary, part time and interim teaching staff may be changed or permitted to expire at the end of the school year so that these teaching staff are not considered to be on continuing contracts.

In making a decision as to which teaching staff are to be subject to layoff procedures, the major consideration shall be to retain staff deemed to best meet the educational needs of the students. The board or its duly authorized representative shall also consider the following points in the following order:

1. The need to retain staff with the administrative and/or teaching expertise necessary for the maintenance of the total school program.

2. The availability of teaching staff positions in the school within the staff’s area of training and preference.

3. The past teaching assignments of the teacher.

4. Evidence of on-going professional development.

5. The total length of service with the school, expressed in years and months.

The board or its duly authorized representative shall provide to the teaching staff a written statement of the rationale used in making this decision.

Layoff Procedures

Prior to (use a date that is consistent with school practice regarding teaching staff assignment for the following school year) of each school year, the principal, education committee or other board representative must determine whether or not the number of teaching staff under continuing contract exceeds the anticipated or actual need for teaching staff as indicated by projected enrolment, course offerings, and other factors.

Prior to May 31 of each school year, the board or its duly authorized representative shall determine which teaching staff are to be subject to layoff procedures.

Teaching staff subject to layoff procedures are available for recall to duty in accordance with the procedures set out below.

Teaching staff will be given notice of layoff in accordance with their contract of employment. If there is no contract of employment or if the contract does not deal with notice of layoff, the teaching staff will be given notice of layoff in accordance with the provincial employment standards legislation.

Recall to Duty

Teaching staff declared subject to layoff will be recalled to duty as soon as a suitable position is available.

The following procedures apply:

1. If a suitable position becomes available after a staff person has received a layoff notice but before the beginning of the following school year, an offer of cancellation of layoff will be provided to that person. This offer, if accepted, constitutes notice of assignment and recall to duty without interruption of service.

2. Should a suitable position become available after the beginning of the following school year, the board or its duly authorized representative will issue an offer of recall to duty. This offer must be accepted within five (5) days of receipt or it will be considered null and void. The staff person must be available to begin work within ten (10) working days of receipt of the offer of recall.

3. It is the obligation of the staff person to ensure that the school is aware of current address at all times during the recall process.

4. Teaching staff recalled to duty are considered to have been on leave of absence without pay for the period of non-employment. This layoff period does not interrupt employment status.

5. Right of recall expires twelve (12) months after the last day worked.

6. Teaching staff whose right of recall has expired or who were unable to accept an offer of recall due to other employment commitments will be given priority consideration of engagement as a new teacher for a period of two (2) years following layoff.

Dispute Resolution

All disputes relating to this policy will be resolved in accordance with the dispute resolution procedures set out in the employment contract, and if the contract has no such procedures, the dispute will be resolved in accordance with the CTABC-SCSBC Facilitation Mediation and Arbitration Procedures. (Facilitation approved 2009) See "Conflict Resolution Link."

Adopted by the CTABC and SCSBC Board November 2003