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Administrative Procedures

Administrative Procedure 417

Reduction in Teacher Certificated Staff

Background

Preamble:

 

Wild Rose School Division recognizes that it may become necessary to reduce the number of teachers within the Division.

 

The following factors may be some of those, either individually or in combination, that result in the need to reduce the number of teachers

 

1.      Student enrolments both current and projected;

 

2.      Government and/or local financial support for education current and projected;

 

3.      Student education needs current and projected;

 

4.      New or revised curricula current and projected;

 

5.      Changes in the function of existing physical facilities current and projected; and

 

6.      Other circumstances current and projected.

 

Procedures

Procedures:

 

In the event of a need to reduce teaching staff these procedures are designed to provide an orderly mechanism for reduction in certificated staff. In any circumstance not specifically dealt with by these procedures, the discretion of the school Principal and Superintendent or designate shall prevail.

 

1.      Teacher staff reduction shall be considered on a school by school basis.

 

2.      Principals shall declare to the Superintendent, or designate, both the number of and identity of teachers recommended as surplus to the needs of the school.

 

3.      In addition, the Principal shall declare the factors or reasons that have given rise to the need to reduce teachers from the staff.

 

4.      In determining the need for, the number of and identity of teachers considered to be surplus to the needs of the school, the Principal shall consider the following:

 

         4.1     Expiry of time certain contracts/assignments;

 

         4.2     Voluntary resignation;

 

         4.3     Voluntary retirement;

 

         4.4     Voluntary leave of absence;

 

         4.5     Voluntary changes in employment status (i.e. full time to part time); and

 

         4.6     Voluntary transfer of certificated staff between schools

 

5.      The Superintendent or designate shall discuss with the Principal the Principal’s conclusion that teacher reduction is warranted, the factors considered by the Principal  giving rise to the recommendation , the determination of the number of teachers to be reduced, the consideration given by the Principal to the matters referred to in paragraph four above and the identity of persons identified as being surplus to the needs of the school.

 

6.      In applying these procedures the Principal and the Superintendent or designate may in his or her discretion determine that a teacher assigned to one or more CTS areas (Home Economics and Industrial Arts), French, or Special Education programs may be considered exempt from the application of these procedures. The needs of each school with regards to specialized teaching assignments will be carefully considered.

 

7.      If the Superintendent or designate is of the opinion that the Principal’s conclusion that certificated staff reduction is warranted and that the number of and identity of persons declared surplus to the needs of the school are likewise warranted, the Superintendent shall explore with those individuals other possibilities for assignment, including transfer. If no other options exist for the teachers identified the Superintendent may initiate the  termination of the teacher's contract in accordance with the provisions of the School Act.

 

8.      A letter to the teacher advising of the initiation of the contract  termination process shall provide the following information;

 

         8.1     The notice that the termination of contract of employment is being considered;

 

         8.2     The reasons for the termination;

 

         8.3     The date, time, and location of a meeting with the superintendent at which the decision to terminate  will be considered;

 

         8.4     The teacher’s right to attend the meeting and make representation to the Superintendent;

 

         8.5     The teacher’s right to seek legal counsel.

 

9.      Notice of termination, shall be given in accordance with the Section 107 of The School Act.  Termination of a teacher's contract shall not be appealable to the Board. (BP 11).

 

 

Reviewed:            August, 2011

Next Review by:   August 2016

References

Legislative References:

 

         School Act Sections 60, 61, 104, 106, 107

 

Board Policy:

 

         Policy 11 Delegation

 

Cross-references:

 

         Alberta Teachers' Association collective agreement