certificated layoff: pksfile/pks board...2 the procedures are all statutory • certificated layoff...

1

Certificated Reduction in Force Overview: PKS and Layoff Process

Board PresentationFebruary 28, 2012

2

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)

3

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

4

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

5

Hearing Requirement

• All impacted teachers must be allowed to attend the hearing

• District must pay for Visiting Teachers

6

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 ServicePKS

7

PKS Examples

• Particular Kinds of Service– Administrative Positions– Music– Counseling– Nurses– Electives

• French • Spanish

– Elementary level teaching (K-6)

8

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

9

Developing PKS Areas & FTE

• Step 4 - Human Resources1. Analyze the data from SBB – Used for developing PKS numbers2. Analyze “skipping”* criteria - Used for developing PKS numbers3. 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

10

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)

11

Additional Preparation

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

Board Approved• Impacts and Effects of Layoff Negotiated

12

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

13

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

14

Preliminary PKS Areas in FTE (not people or number of notices)

Particular Kind of Service Reductions

PKS--Atypical/Alternative FTEBusiness Education 1.00Computer Concepts and Applications & Social Science 1.00English, Reading, Language Arts 2.50Foreign Language: French & Foreign Language: Spanish 0.85Foreign Language: Spanish 2.00Mathematics 1.20Mathematics & Science: General Science 0.60Science: General Science 1.00Visual and Perform Arts: Art 1.80Visual and Perform Arts: Dance 0.50Visual and Perform Arts: Music 1.40

PKS--Child Development FTEChild Development 61.75

PKS--Elementary FTEComputer Concepts and Applications 3.80English, Reading, Language Arts & Mathematics & Physical Education 1.00Foreign Language: French 0.40General Subjects/Elementary 536.01Physical Education 30.60Science: General Science 11.60Visual and Perform Arts: Art 3.30Visual and Perform Arts: Music 6.80

15


PKS--High Schools FTEBusiness Education 3.66CCTE: Construction 1.00Computer Concepts and Applications 0.33English, Reading, Language Arts 55.10English, Reading, Language Arts & Physical Education 1.00English, Reading, Language Arts & Science: Chemistry 1.00English, Reading, Language Arts & Social Science 5.72Foreign Language: Chinese 0.40Foreign Language: Filipino 1.00Foreign Language: French 5.00Foreign Language: French & Foreign Language: Spanish 1.00Foreign Language: Spanish 15.20Foreign Language: Spanish & Mathematics 1.00Foundational-Level Mathematics 4.00Home Economics 2.00Industrial Technology 3.00Mathematics 32.10Mathematics & Physical Education 1.00Physical Education 11.77Physical Education & Social Science 3.00Science: Biology 11.50Science: Biology & Science: Chemistry 1.00Science: Biology & Science: Geosciences 2.00Science: Chemistry 3.00Science: Chemistry & Science: Physics 1.00Science: General Science 1.00Science: Geosciences 5.00Science: Physics & Social Science 1.00Social Science 19.60Visual and Perform Arts: Art 8.60Visual and Perform Arts: Music 7.00

16


PKS--K-8 FTEComputer Concepts and Applications 1.00English, Reading, Language Arts & Science: General Science 1.00English, Reading, Language Arts & Social Science 1.00Foreign Language: French 0.40Mathematics 1.00Physical Education 5.20Science: General Science 2.00Social Science 1.40Visual and Perform Arts: Music 1.20

PKS--Middle Schools FTEComputer Concepts and Applications 2.00Computer Concepts and Applications & Visual and Perform Arts: Music 0.60English, Reading, Language Arts 30.08English, Reading, Language Arts & Foreign Language: Spanish 2.00English, Reading, Language Arts & Mathematics 1.00English, Reading, Language Arts & Mathematics & Science: General Science 1.00English, Reading, Language Arts & Social Science 14.00English, Reading, Language Arts & Visual and Perform Arts: Art 1.00Foreign Language: Filipino 1.00Foreign Language: Italian 1.00Foreign Language: Spanish 3.10Foreign Language: Spanish & Social Science 1.00Foundational-Level Mathematics 1.00Mathematics 12.80Mathematics & Science: General Science 4.00Mathematics & Science: General Science & Social Science 1.00Mathematics & Social Science & Visual and Perform Arts: Art 1.00Physical Education 12.54Science: Biology 1.00Science: General Science 19.00Social Science 12.60Visual and Perform Arts: Art 1.90Visual and Perform Arts: Music 3.40

17


PKS--Services: Administrative FTEServices: Administrative--Principal 4.50Services: Administrative--Program Manager 1.00Services: Administrative--Vice Principal 7.80

PKS--Services: Support FTEServices: Counseling 50.95Services: Library Media 6.06Services: Nursing 38.45Services: Psychology 1.30Services: Voc Rehab Counseling 7.80

PKS--Special Education FTESpecial Education: Mild/Moderate 35.90Special Education: Moderate/Severe 8.50

PKS--Visual & Performing Arts--Central Office FTEVisual and Perform Arts: Music 15.00

18


Leaves of Absence and On Loan--Reductions

LOA/OL--Child Development FTEChild Development 6

LOA/OL--General Education FTEBusiness Education 1English, Reading, Language Arts 31English, Reading, Language Arts & Science: General Science 1English, Reading, Language Arts & Social Science 1Foreign Language: French 1Foreign Language: Spanish 6Foreign Language: Spanish & Social Science 1General Subjects/Elementary 125Mathematics 15Mathematics & Science: General Science 1Physical Education 6Science: Biology 7Science: Biology & Science: Chemistry 1Science: Chemistry 4Science: General Science 2Science: Geosciences 2Social Science 5Visual and Perform Arts: Art 2Visual and Perform Arts: Music 3

19


LOA/OL--Services: Administrative FTEServices: Administrative--Principal 1

LOA/OL--Special Educaiton FTESpecial Education: Adaptive Physical Education 2Special Education: Deaf and Hard-of-Hearing 2Special Education: Early Childhood Education 2Special Education: Mild/Moderate 14Special Education: Moderate/Severe 9Special Education: Physical Impairments 1Special Education: Visual Impairments 1

LOA/OL--Services: Support FTEServices: Counseling 10Services: Nursing 1Services: Psychology 5Services: Speech and Language Pathologist 10

20


Skip (IB, QEIA and Language Immersion) Totals

Skip--Child Development FTEChild Development 1.00

Skip--Elementary FTEGeneral Subjects/Elementary 65.50Physical Education 0.60Science: General Science 1.00

Skip--High School FTEEnglish, Reading, Language Arts & Social Science 1.00Foreign Language: French & Foreign Language: Spanish 1.00Foreign Language: Spanish 2.00Home Economics 1.00Mathematics 1.20Science: Biology 0.50Visual and Perform Arts: Music 1.00

21


Skip--K-8 FTECCTE: Computer Concepts and Applications 1.00English, Reading, Language Arts 1.00Foreign Language: French 0.40Foreign Language: French & Mathematics 1.00Foreign Language: Spanish 1.00Physical Education 1.00Social Science 1.00

Skip--Middle School FTEEnglish, Reading, Language Arts 7.20English, Reading, Language Arts & Foreign Language: Arabic & Social Science 0.40English, Reading, Language Arts & Mathematics & Science: General Science 3.00English, Reading, Language Arts & Physical Education 2.00English, Reading, Language Arts & Social Science 3.20Foreign Language: French & Mathematics 1.00Foreign Language: Spanish 2.00Mathematics 6.00Mathematics & Science: General Science 1.00Science: General Science 6.00Social Science 1.00Visual and Perform Arts: Art 1.00Visual and Perform Arts: Music 3.00

Skip--Special Education FTESpecial Education: Mild/Moderate 9.00Special Education: Moderate/Severe 4.00

22


Total of PKS, LOA/OL, and Skip

PKS--Total 1197.57LOA/OL--Total 279.00SKIP--Total 132.00Grand Total 1608.57

Note: Based on the review of seniority caps of the 2010-2011 analysis as of March 16, 2011These "skip" data are subject to change based on the final Notice of Intent to Dismiss analysis between 2/29/12-3/15/12

23

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

certificated layoff: pksfile/pks board...2 the procedures are all statutory • certificated layoff...

Documents