ARTICLE VIII: STAFFINg—qUALIFICATIONS-BASED HIRING for
CERTIFICATED NON- SUPERVISORY employees
SECTION A: Staffing Decisions
The SPS and SEA believe that
staffing decisions should offer students the teachers who can best help them
meet their learning goals, promote excellent teaching and allow resources to be
expended where they have the highest educational value. The SPS and SEA also believe that school
staff should have a meaningful role in the decisions that affect them.
Each year
SECTION
B: three - Phase Staffing Process
1. The
Certificated staffing process will include the following Phases:
Vacant
certificated positions will be advertised and available only for SPS
certificated staff with contracts, including displaced staff, in order to allow
for transfer opportunities. Positions in
critical shortage areas where there are no displaced teachers will be
identified by SPS and SEA for advertising as Phase 3 vacancies, open to all
applicants
After
any placements deemed necessary by Human Resources to comply with Federal and
State disability accommodation requirements are made, remaining vacant
positions will be advertised for displaced staff only. Super-Seniority will have priority over
other displaced. Human Resources will
host a Job Fair where Principals with vacant positions will meet with
Super-Seniority displaced to share information.
At the end of the Job Fair displaced staff will turn in their selections
with principals’ sign off, reflecting they have made contact. Assignments will be made by HR in seniority
order.
Unless
all Super-Seniority displaced are staffed at the Job Fair, remaining positions
and new positions will be advertised for one week for Super-Seniority displaced
employees to review and select. They
will forward their selections to HR, after contacting school administrators by
the end of the 1 week advertisement.
Selections will be due by close of business on the date the positions
close. Assignments will be made by HR,
in seniority order.
Remaining
positions will be advertised as “open to all displaced”. Displaced teachers will apply for positions
following the agreed upon process. Site
teams will conduct interviews and make recommendations to HR. Any remaining positions will be assigned to
displaced staff by HR and the Instructional Directors considering categories,
experience, the employees’ preferences and program needs.
If
no regular displaced staff remain unassigned, HR will assign the least senior
Super-Seniority displaced employee to the positions. Positions in categories with no displaced
staff will be offered to Reduction in Force (RIF) employees with right to
return in seniority order.
Phase 3
Positions
where there are no displaced or laid off certificated employees will be
identified for advertising, open to all applicants, internal and external.
2. For
purposes of this section, “displaced” staff are defined as staff who:
a. Are
involuntarily removed from a building or program as a result of being least
senior in their category because the number of staff exceeds the building’s
requirements for the following year.
b. Volunteer
to leave the building or program either because the number of staff exceeds the
building’s requirements for the following year or the school direction has
changed and the displacement removes the need to displace someone else. If
there are more volunteers than necessary, the most senior volunteer will be
offered the opportunity to move.
c. Volunteer
to leave a school or program that SEA and the SPS have mutually agreed is
undergoing a significant change in direction.
d. Volunteer
to leave a “school requiring SPS intervention” as described in Article VIII, G,
below.
e. Are
involuntarily removed due to a building or program closure.
f. Are
returning from leave.
g. Are new
recruits to the SPS who have been offered contracts and need assignments.
3. Assignment of displaced employees:
a. All
individuals remaining in the displaced pool on July 1st, including new
recruits, will have a temporary assignment prior to the opening of school. These temporary assignments will be in vacant
positions for which they qualify or, if no position for which they qualify exists,
they may be placed on temporary assignments in buildings to assist as a
substitute on contract until another position for which they are qualified is
available.
b. At the
start of the school year unassigned staff placed as temporary substitutes
into vacant positions for which they are
qualified but do not hold the right category will receive consideration for
permanent placement in the positions.
c. Except
as provided elsewhere, any contracted teacher who is displaced from a building,
and no position for which he/she is qualified is available, he/she will be
designated a substitute-on-contract (SOC) at full pay and benefits until he/she
is assigned a position.
d. An
employee who is displaced shall have the right to return to his/her immediate
previous work location if that former assignment becomes available within two
years of the teacher’s being displaced.
Employees must notify Human Resources in writing by February 1st of the
current year if they wish to exercise their right to return the second year.
4. Summer
Hiring Plan: Schools will submit a plan describing the hiring process to be
used during the summer months. The plan
will be turned in to Human Resources in the school’s staffing packet submitted
in March.
5. SPS
responsibility regarding notification of vacancies:
a. Position
Change Request (PCR): Principals/program managers shall file a PCR upon
knowledge that a vacancy has occurred.
The SPS shall not unreasonably delay in establishing a permanent
position in order to hold or save a position or potential position for a
particular unassigned employee or other potential applicants. Delays for necessary and unavoidable or
otherwise justifiable reasons shall be approved/disapproved by the
administrative supervisors.
b. Principals/program
managers shall make every reasonable effort to establish teaching schedules to
avoid assignments and the establishment of PCRs that require more than one (1)
category. Any assignment will be reviewed
by Human Resources and, if deemed appropriate, Human Resources will request the
approval/disapproval of the administrative supervisor before processing. After PCRs are submitted, categories and FTE
may not be changed unless budget is withdrawn or there are significant program
changes.
c. The SPS
must provide notification of vacancies one week prior to the closing date for
applications.
d. Candidates
on leave shall receive information describing their rights and responsibilities
in interviewing for a position. The
employee must provide the SPS with a reliable means for contacting them or
their designee.
e. The SPS
shall send a notice and directions to the SPS’s web site concerning job
postings for the next school year (sometime in April) to candidates on leave. Thereafter job announcements and standardized
application procedures will be available on the internal electronic mail
system. Candidates are responsible for
monitoring the SPS’s web site and job postings to identify current
openings.
f. Candidates
are responsible for submitting site-based applications to schools and
participating in interviews.
SECTION C: Site-based Hiring Process
1.
The hiring
process must have the following features:
a.
All members of
the hiring teams will participate in a joint SEA/SPS interview training session
which includes communication of the legal constraints against discrimination
based on age, race, gender and other factors.
Participation in Waiver Training conducted prior to 9/1/94 meets this
requirement.
b.
The hiring team
will screen applications and resumes.
The SPS will verify appropriate certification for candidates recommended
by the school.
c.
If there are
qualified internal candidates for a position, a hiring team will interview at
least two for vacant positions. In
addition, hiring teams will give consideration to substitutes who have had
satisfactory evaluations given by administrators in the District.
d.
Teachers
returning from leave, displaced from buildings, and new recruits will be given
full consideration in the hiring process.
e.
Applicants who
best meet the hiring team’s criteria will be interviewed by a hiring team that
includes a group of teachers who are knowledgeable about the requirements of
the position and the school’s CSIP.
f.
The hiring team
should reflect the diversity at that school in the areas of seniority,
educational specialty and culture.
g.
The hiring team
may contain parents and/or other school staff appropriate to the selection
process.
h.
The hiring team
and the principal will jointly develop criteria for staff selection that are in
alignment with the school’s CSIP.
i.
The hiring team
may also decide to ask applicants for additional information not included in
the standardized Site-Based Application.
j.
Both the SPS and
SEA agree that the goal is to complete the majority of the hiring prior to the
end of the school year.
2.
Any school that
currently uses a hiring process that gives staff a more significant role in
hiring than is described below as the minimum may retain their process if the
school team and principal find the process serves the school well. The ideal hiring process would be based on
consensus of principal and staff. Other
options include, but are not limited to:
a.
The principal is
part of the hiring team.
b.
The hiring team
makes the final decision.
c.
The principal
agrees to hire the number one applicant recommended by the hiring team.
d.
The hiring team
recommends 2-3 top candidates in preference order and the principal selects.
3.
The minimum
requirement as to staff participation in choosing among candidates is: The hiring team will interview candidates and
submit three recommendations in preference order to the principal. The principal must select from among these
choices, unless the principal and the hiring team find in checking with
references that none of the candidates in fact meet the selection
criteria. In that case, three additional
recommendations from the hiring team will be made to the principal. If the pool contains no candidates who meet
the criteria specified for the opening, the position must be reopened.
4.
Conditions for
suspension of qualifications-based hiring:
Because the designation of substitutes-on-contract may in some years be
beyond the SPS’s financial ability to support, the SPS reserves the right to
set a limit on the number of substitutes-on-contract it will support or the
available budget for substitutes-on-contract and to suspend the
qualifications-based hiring in order to preserve full time teaching positions
for existing employees.
5.
Relationship of
hiring policy to conditions for layoff and direct reassignments:
a.
No part of the
hiring process and conditions described in this section shall be construed as
changing or qualifying the conditions for staff adjustment (layoff) or the
SPS’s rights and responsibilities outlined in Article XII of this Agreement.
b.
SPS and SEA can
agree at any time to bypass the hiring process in exceptional cases.
6.
During the first
school year in a new position, a teacher cannot be reassigned to another
position other than that for which he/she was hired, without mutual agreement
between the principal, the hiring team and the teacher.
SECTION D: Hiring process for
certificated non-supervisory personnel other than teachers.
1.
Librarians and
secondary counselors will have the same hiring process as provided for above.
The hiring process for certificated non-supervisory personnel other than
teachers, librarians and secondary counselors (i.e., speech/language
pathologists, occupational and physical therapists, school psychologists and
nurses) will be the same as that outlined with the following exception:
a.
A hiring team
will be assembled. The hiring team will
include staff from the supervising department in central administration, staff
from buildings who are performing similar professional tasks, and other staff
who are knowledgeable about the requirements of the position.
b.
The hiring team
will submit three candidates in order of preference to the director of the
supervising department. If none of the
candidates referred by the hiring team are found suitable for the position, the
director of the supervising department must explain to the hiring team why the
information discovered in checking references makes one of the candidates
unsuitable for the position. In that
case, the department must request three additional recommendations from the
hiring team. If the pool contains no
candidates who meet the criteria specified for the vacancy, the position must
be reopened.
1. Employees
who accept a position in the spring for the following school year must remain
in the new position for the entire year.
2. Employees
may apply and be selected for a stipend position at any time of year if it
constitutes a promotional opportunity.
3. Mid-year
transfers can only occur in secondary schools at the semester break.
4. Internal candidates currently teaching in an elementary
position may apply for such positions advertised after October 1. If an internal candidate accepts a position,
but a mid-year transfer is not agreed upon by their current principal, that
position will be filled by a one (1) year contract teacher. The recommended internal candidate will be
placed into that position (or another position at that school with the same
category or categories) the following year.
The one (1) year teacher filling this position would not be retained and
the position will not be advertised again.
If funding shortfalls reduce positions and no position in the category
is available, the recommended candidate will remain in his/her current position
and will not displace a less senior teacher from the school.
5. A
mid-year transfer may occur if the employee, SEA and SPS mutually agree to such
transfer. Ordinarily, these transfers
should occur within two (2) weeks.
SECTION F: Administrative Transfer Procedures
The following procedures for
transfers shall apply to all employees within the bargaining unit:
1.
Guidelines for
Administrative Transfers: The SPS has the legal responsibility to establish the
educational programs, services and staff in accordance with the SPS's basic
educational goals and program continuity consistent with the financial
resources available. The SPS has the authority to make necessary adjustments in
the SPS's educational programs, services and staff to be consistent with
financial resources available and the provisions of this Agreement.
a.
The
appropriateness of the assignment of employees has a significant impact on the
morale of the employee and his/her effectiveness in the total educational
program.
b.
The SPS shall
comply with Title VII of the Civil Rights Act of 1964, Title IX of the 1972
Amendments, Section 504 of the Rehabilitation Act of 1973, and the Affirmative
Action goals of the SPS in placing and transferring employees.
c.
The SPS and SEA
may agree that it is in the best interest of the employee, the site, students
and the SPS to transfer an employee from his/her assignment or building. When
there is such agreement by SPS and SEA the decision is not grievable.
2.
Transfer by
Administrative Decision:
a.
Employees who
are transferred by administrative decision for the following year shall be
notified in writing as soon as practicable, but no later than 06/01 of the
school year. Employees who are to be
transferred at other times shall be given at least one (1) week's notice. The written notification shall include the
reasons for the transfer.
b.
The building
principal/program manager will confer with the individual tentatively selected
for administrative transfer, shall provide tentative notice of transfer in
writing, and shall provide the employee with an opportunity to comment.
c.
Criteria listed
in Item 1 above shall be utilized for administrative transfer.
d.
An employee who
is selected to transfer as a result of administrative decision after the
beginning of the school year shall be assigned to a position as expeditiously
as possible. Unless there are some
unusual circumstances, he/she will remain in the original assignment until a
position is available.
e.
Employees who
are on probation are prohibited from transferring from one site or assignment
to another site or assignment without the approval of the principal/program
managers of the schools/buildings and/or the appropriate education
directors. The SPS will notify the SEA
of any proposed transfers.
3.
Impact of School
Closure: Movement/Transfer of Equipment, Teaching Materials, Personnel and
Programs:
a.
Employees from
closed schools will be responsible for transporting their personal materials
and equipment to their new work location; for example: self-made teaching
materials, gifts, and items purchased by the employee. However, the SPS will
transport the above-mentioned materials on an exception basis for employees
requiring accommodation under Section 504 of the Rehabilitation Act of 1973.
b.
Employees from
closed schools may personally transport SPS-owned personal-use items, such
as: pens, scissors, rulers, binders and
staplers, to their new work locations after filling out an inventory list and
submitting it to the building principal/program manager.
c.
The SPS will
develop a process whereby employees from closed schools will be given the
opportunity to request the transfer of SPS textual materials and/or equipment
they presently use to their new SPS locations.
Textual materials and/or equipment approved for transfer will be
transported to the employees' new assignments by the SPS.
d.
Every effort
shall be made to have the materials of transferring employees from closed
schools transported by the SPS to their new work locations by August 17.
e.
It will be a top
priority of the SPS to have essential equipment, supplies and textual materials
assigned and available in all buildings by August 17.
f.
In the event
that an employee, who has been reassigned as a result of school closure or
relocation of programs, performs duties as mutually determined are necessary by
the employee and the SPS which are associated with school closure or relocation
of programs, he/she will be compensated for duties performed beyond his/her
contracted work year at his/her per diem rate.
SECTION G: Special Staffing Issues at Schools Requiring
SPS Intervention
1.
A school
requiring special SPS intervention is a school identified by the SPS as
qualifying for additional support or resources according to the SPS’s review
process.
2. The
principal and staff at each school requiring special intervention will identify
by January 31st any professional development or training that will be required
of staff to participate successfully in implementing the building’s CSIP.
3. By the
end of February of the current academic year individual staff members will make
a choice and state their intention to commit to successfully complete the
training by September (or by a later date defined in the CSIP) or not to remain
at that school.
4. If a
new category is required by the school’s CSIP, adequate time will be allowed to
complete necessary training.
5. A
teacher who completes the training shall retain a position at the building for
the following year (possibly including training required to earn a new
category).
6. Staff
members choosing to participate in the training must also commit to make the
adjustment in curriculum or instruction as required by the CSIP adopted for the
following academic year.
7. Staff
members who choose not to remain at that school will be prepared to participate
in the site-based hiring process. The positions that they have chosen to vacate
will be filled through this hiring process as well.
8. A
staff member who chooses not to remain at the school requiring special
assistance is eligible to apply for open positions elsewhere in the SPS. Staff members will qualify for the displaced
pool under the terms described in Section B above.
SECTION H: Program
Movement or Closure
1.
Instructional
staff associated with a program that moves from one work site to another are
assumed to move with the program. A
teacher who prefers to stay at the original site may do so, if there is a
vacancy for which he/she is qualified/certified and if he/she commits to the
training or changes in curriculum as the CSIP requires for the next year. A teacher who chooses not to move with the
program or to accept a position at the original site (or for whom no vacancy is
available) will be displaced and must apply and compete for other positions in
the SPS.
2.
If a program is
terminated and then reinstated within two (2) school years, teachers who were
in that program shall have first priority for the re-openings. The teacher will
successfully complete the training as required in the school’s CSIP and will
revise curriculum and instructional methods to reflect the new direction of the
program.
3.
Prior to
terminating a program or the closure of a school, any displaced teacher may
choose from the following options: to remain at the original site if there is a
vacancy for which he/she is qualified/certified and if he/she commits to the
training or changes in curriculum as required in the CSIP for the next year or shall
select or be placed in a vacancy during Phase II, after those needing 504
accommodation have been placed.
SECTION I: Employees Covered Under Section 504 of the
Rehabilitation Act of 1973
The SPS shall comply with
Section 504 of the Rehabilitation Act of 1973 when placing or transferring
employees. In addition to the selection
rights of all employees during the year, Human Resources will assign employees
covered under Section 504 who require transfers or adjustments of their
assignments to an available position within the same job title for which the
employee will be able to perform the essential functions, with or without
reasonable accommodations. This
placement will be made based on the judgment of the Human Resources staff
responsible for the 504 accommodation and will be aligned with the details of
the approved 504 accommodation.
1.
The Seattle
School Board selects employees as needed on the basis of merit, training
and experience so that there shall be no discrimination against any employee or
applicant because of race, creed, religion, color, national origin, gender,
age, marital status, sexual orientation or disability except as may be
permitted to meet a bona fide occupational qualification and the SPS shall
comply with State or national laws as may pertain thereto.
2.
The SPS has as
its goal an Affirmative Action program of recruiting, hiring and assigning
staffs in every department, every school and at every level of operation with
proportions of racial minority to total employees corresponding to the SPS
Affirmative Action program.
3.
In implementing
the Affirmative Action program, the SPS shall recruit, employ and assign
personnel in conformity with State and federal laws, rules, regulations and
directives.
4.
The SPS's
Affirmative Action goals shall not serve as ceilings or quotas for representation
of racial groups among SPS employees.