Unless the context clearly indicates the contrary the following terms have the meaning indicated:
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I.
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DEFINITIONS
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(a)
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Termination - The cessation of employment of a teacher or other certified employee before the end of a tenured or probationary appointment for reasons of financial exigency or program change. The non-reappointment of an employee whose term of employment has expired is not a termination, and not subject to this procedure.
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(b)
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Financial exigency - Any significant decline in the Board's financial resources that is brought about by a decline in enrollment or by other action or events that compel a reduction in the school's current operations budget.
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(c)
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Program change - Any elimination, curtailment, or reorganization of a curriculum offering, program, or school operation including reorganization.
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(d)
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Faculty Committee or Committee - A committee to be constituted of seven (7) certified employees chosen by the Superintendent from the following classes:
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1.
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Two (2) members of the faculty employed in grades K-6;
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2.
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Two (2) members of the faculty employed in grades 7-12;
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3.
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One (1) member from special services;
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4.
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One (1) member from the principals; and,
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5.
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One (1) member from the supervisors.
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Initial appointments shall be made for one, two and three years. All subsequent appointments shall be for three years.
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(e)
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Board - The Ascension Parish School Board.
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(f)
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Day - Except where calendar day is specified, means every day including Saturdays, Sundays, and teacher work days, but does not include official school holidays such as Thanksgiving and Christmas.
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II.
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GENERAL GROUNDS FOR TERMINATION
Employment may be terminated when the Board decides that because of (i) financial exigency, or (ii) a program change for instructional reasons, the Board's contractual obligation to one or more teachers or other certified employees cannot be further met. Such a decision may be made and any resulting termination may be effected only in accordance with the procedures provided herein.
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III.
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BOARD'S PRELIMINARY DETERMINATION AND STATEMENT
If the Board decides that (i) a financial exigency exists or is imminent or a program change has occurred or should be seriously considered and (ii) termination of one or more teachers or other certified employees may be a required consequence of either circumstance, it shall take action in an official Board meeting that identifies with reasonable particularity the financial exigency or program change. Notice of the Board action shall be published by any means reasonable calculated to bring it to the attention of school personnel. The Superintendent shall then call, within five (5) days, an official meeting of the faculty committee.
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IV.
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COMMITTEE ACTION
The committee shall consider the matters identified by the Board action in order to give its advice and recommendations to the Superintendent. In this function the committee acts as representative of the employees' interests both personal and professional. The committee is entitled to further information reasonably available to the Board or Superintendent.
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V.
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BOARD'S DECISION
At the next official Board meeting, the Superintendent shall recommend, based on both the committee's report and other professional knowledge, specific action to be taken by the Board. If the Board determines, on the basis of all information then available, that it must take action that will invoke termination, it shall designate the particular schools or areas of school operations in which the termination should be effected.
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VI.
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CRITERIA FOR TERMINATION
The following set of criteria shall be the determining factor in any and all reductions in force actions recommended by the Superintendent to the Board. The teachers or other certified employees in the designated school or area of operations shall be ranked in order of the number of points they receive by the following criteria and the terminations shall commence with the lowest ranked (those receiving the fewest number of points.)
Professional Staff
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1.
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Certification and Subject
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yes - 25
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Matter Requirements
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no - 0
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2.
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Degree of Graduate Studies:
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Master's Degree
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5
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Master's Degree + 30
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10
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Specialist Degree
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15
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Doctorate Degree
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20
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3.
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Tenure:
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Tenured
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5
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Non-tenured
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0
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4.
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Time in Position:
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0 - 3 years
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0
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4 - 7 years
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2
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8 - 11 years
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5
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12 or more years
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7
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5.
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Performance Evaluation:
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Unsatisfactory
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-5
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Needs Improvement
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0
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Satisfactory
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5
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In cases of ties the teacher or other certified employee with the better performance evaluation shall be preferred. If this still leaves a tie, the employee with the better attendance record shall be preferred.
Staff Other Than Professional
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1.
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Resides in Community of Position
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yes - 10
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no - 0
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2.
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College Studies -- Successful Completion of:
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Forty-five (45) hours
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2
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Ninety (90) hours
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4
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One hundred twenty (120) hours
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6
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Degree
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8
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3.
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Tenure (if applicable):
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Tenured
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5
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Non-tenured
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0
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4.
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Time in Position:
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0 - 3 years
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0
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4 - 7 years
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2
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8 - 11 years
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5
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12 or more years
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7
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5.
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Performance Evaluation:
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Unsatisfactory
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-5
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Needs Improvement
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0
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Satisfactory
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5
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VII.
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NOTICE TO INDIVIDUAL EMPLOYEE
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(a)
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Contents - If, after considering the Superintendent's recommendation, the Board acts to terminate employment, it shall give written notice of the facts by registered mail, return receipt requested, to the employee to be terminated. The notice shall include a statement of the conditions requiring termination and a general description of the procedures followed in making the decision.
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(b)
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Financial exigency - When termination is based on financial exigency, the Board shall make all reasonable efforts, consistent with the need to maintain sound educational programs and within the limit of available resources, to give not less than thirty (30) calendar days' notice before terminating any teacher or other certified employee before the end of the employment period.
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VIII
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REVIEW
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(a)
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Request for Hearing - Within ten (10) days after receiving a notice of termination, the employee may request a review of the action by the Board. Review may be had solely to determine whether the decision to terminate was arbitrary or capricious with respect to that individual.
The request for review must be in writing and addressed to the President of the Board. It must specify the grounds on which it is contended that the decision was arbitrary or capricious and must include a short, plain statement of facts that the employee believes support the contention.
Submission of such a request on the part of an employee constitutes (i) a representation that he can support his contention by factual proof, and (ii) an agreement that the Superintendent may offer in rebuttal of his/her contention any relevant evidence.
The Board or one Board member named by the President shall consider the request and shall grant a hearing if it is determined (i) that it contains a bona fide contention that the decision to terminate was arbitrary and capricious and (ii) that the facts suggested, if proved, would support the contention. A denial of the request finally confirms the decision to terminate and the Board shall so notify the employee. If the request is granted, a hearing shall be held within ten (10) days after the request is granted, the employee shall be given five (5) days notice of the hearing.
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(b)
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Conduction of the Hearing - The hearing shall be conducted informally and in an open meeting unless the Board holds an executive session as allowed by the provisions of the Louisiana Revised Statutes. A quorum for the hearing shall be a simple majority of the Board's membership. A Board member who has a significant conflict of interest shall disqualify himself/herself, and if he/she fails to do so, he/she may be disqualified by a motion approved by a majority of the members present. A disqualification shall not deprive the Board of a quorum.
The hearing shall be under the control of the Board's presiding officer. The employee may request a transcript of the proceedings and if the request is approved by the presiding officer such may be prepared with or without charge in the discretion of the presiding officer. If the presiding officer denies the request for a transcript the employee may transcribe the meeting himself/herself.
The Board shall hear only trustworthy and relevant evidence and shall consider only evidence that is actually presented. All witnesses may be questioned by the person calling them, whether it is the Superintendent or employee, the opposing party and all members of the Board. Neither the Superintendent or employee may be represented by a person directly, though either may have a person to give counsel to them.
The hearing shall begin with the employee's presentation of contentions, limited to those presented in his /her request for hearing, and proof in support thereof. At the conclusion of the employee's presentation, the Board shall determine if the contentions were established by clear and convincing evidence. If the contentions have not been so proven, the Board shall end the hearing which affirms the termination. If the contentions are proved the Superintendent may offer evidence and testimony, including his/her own, in rebuttal and the Board shall then consider whether or not the employee's evidence has been rebutted. If the employee's evidence has been rebutted, the Board shall conclude the hearing which affirms the termination. If the Board determines that the employee's contentions are unrebutted, it shall instruct the Superintendent to take corrective action.
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(c)
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Procedure after Hearing - If the Board is unable to decide the matter at the hearing, it may take the matter under advisement until its next official meeting, at which time it shall render its decision and notify the employee and Superintendent in writing of its determination.
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(d)
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Burden of Proof - The employee bears the burden of proving his/her contentions by clear and convincing evidence. Should the Board evenly split over the questions of whether or not the teacher has established his/her contentions, the decision shall be rendered against the employee since he/she bears the burden of proof.
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IX.
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RE-EMPLOYMENT OR OTHER EMPLOYMENT
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(a)
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For one (1) year after the effective date of a termination pursuant to these procedures, the Board shall not replace the terminated employee without first offering the position to the terminated employee.
The offer of re-employment shall be made by registered mail, return receipt requested, and the employee shall be notified that if he/she wishes to accept, he must do so in writing within fifteen (15) calendar days. Failure to timely accept within fifteen (15) calendar days or reject a position eliminates all re-employment rights under this plan.
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(b)
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A tenured teacher who has been laid off and re-employed within three (3) years shall be reinstated as a tenured teacher. A probationary teacher who was laid off but is later re-employed may, at the Board's discretion, be given a maximum credit of two (2) years for the time already served as a probationary teacher, for purposes of determining when he/she is eligible to be considered for tenure.
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(c)
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A teacher's employment rights under this plan terminate if he/she does not maintain his/her qualifications according to law.
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(d)
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An employee who is recalled within one (1) year of termination shall have restored all of the sick leave and unused personal leave accrued to him/her on the date of his/her termination.
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(e)
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When requested by an employee who has been terminated, the school shall give him/her reasonable assistance in finding other employment.
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X.
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EXCLUSIVE PROCEDURE
This procedure is the only one that may be used in a reduction in force. Any existing procedure for reconsidering or examining employee discharge, nonreappointment, or grievance is not available for considering an issue that arises from a reduction in force.
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