SECTION A: Three Phase Hiring Process:

Phases I and II in the Memorandum of Understanding (MOU) entitled Three-Phase Hiring Process (located in the MOU section) shall supersede Section B: General Description and Section VII.J.2 below for the 2005-06 and 2006-07 school years. After that time, if the parties do not renegotiate the terms of the MOU, the terms of Article VII will be effective.

SECTION B: General Description of the Staff Adjustment, Displacement, Layoff and Recall Processes

The following is a general explanation and, as such, is not grievable. Section VII.B is a general description of staff adjustments (including displacement, layoff and recall) that are either a result of the Spring Staffing Process or a large reduction in funding.

• Employees are notified of their seniority and verified job titles
• Principals and program managers identify positions that are funded and not funded for the ensuing year
• SPS identifies the number of people in each job title that will be retained and laid off
• Criteria to exempt specific employees from layoff are applied
• Employment Services notifies employees of their employment status (retained, displaced, or laid off) prior to the end of the school year
• Displaced employees are placed in vacancies before laid-off employees are recalled
• Laid-off employees are recalled before inside- or outside-SPS applicants are considered for vacancies

The provisions of Articles VI and VII describe the staffing processes in greater detail and are grievable unless otherwise noted.

SECTION C: General Provisions

1. The SPS will develop job groups and determine which job titles will make up each job group. Job groups will be based upon broad, common characteristics such as similarity of duties, training, and minimum qualifications. Any additions, deletions or other changes to the job groups will be done by the SPS after consultation with the SEA.

2. Job groups for the bargaining unit shall be as follows:

a. Office/Clerical/Secretarial
b. Specialized Support

3. Each employee will be notified annually of the Job Group he/she holds and all of the job titles that are in his/her Job Group. Each employee will select job titles within his/her Job Group for which he/she meets minimum qualifications and/or within titles previously held in another Job Group. An employee's request for additional job titles will be subject to verification by the SPS and confirmed in writing to the employee.

4. The SPS will provide the SEA with a master copy of the bargaining unit seniority list and two (2) copies of the building seniority list given each principal/program manager prior to the beginning of the staff adjustment process.

5. SPS efforts to secure comparable positions for employees who are displaced or laid off are based first on verified job title(s), second on FTE, and third on length of the most recent work year.

SECTION D: Seniority

1. Seniority lists for staff adjustments, displacement, lay-off and recall, shall be established for employees by their current job titles. For the purpose of this procedure, seniority is defined as regular employment in the SPS, excluding time worked as a substitute, an hourly employee or extra time. A 198-day work year of 7 hours per day (1386 hours) is equivalent to one year of seniority. Regular part-time employment is prorated based on the number of hours worked. An employee shall not accrue more than one year of seniority in any given work year regardless of the total number of hours worked.

2. Former employees who return to SPS employment are entitled to seniority previously earned.

3. Each employee will be retained by seniority order in their current job title.

4. Seniority for a laid-off employee who is rehired by December 1 of the first year after being laid off shall be calculated as if the employee had not been laid off.

SECTION E: Staff Adjustments and Displacements

1. Principals, program managers and other administrators shall make recommendations for staffing consistent with program requirements and services based on financial resources available.

2. In the event that staff displacements within the bargaining unit are necessary, such adjustments shall take the form of total displacement and/or partial displacement as a reduction in work hours per day and/or work year. Partial displacement in the form of a reduction in work hours and/or work year must leave the employee at .5 FTE or greater in the assignment.

3. Any employee whose work hours and/or work year have been reduced to greater than .5 FTE but less than 1.0 FTE may choose between the following options:

a. Remain in his/her present assignment and accept the reduction in work hours and/or work year, thus accepting the reduction in employment work hours and/or work year in order to retain the present assignment. This means that the SPS has no obligation to restore the reduced work hours and/or work year. Return rights are retained.

b. Being totally displaced to the full extent of the present work hours and/or work year.

4. An employee whose position is reduced to .5 FTE may choose between the following options:

a. Remain in the present position .5 FTE and be displaced for the remainder of his/her FTE. If this option is chosen, he/she may seek a second position equal to the amount of FTE that has been displaced or seek a totally new position equal to the present total FTE (to make him-/herself whole).

b. Being totally displaced to the full extent of the present work hours and/or work year.

5. Principal/Program Manager Recommendations

Staff adjustment recommendations by the principal/program manager shall be accomplished by the following process:

a. Positions funded for the next work year will be identified.

b. Based on seniority within the job title, regardless of FTE and/or length of work year, employees whose positions are identified as not funded for the next work year will be tentatively identified as “displaced.”

c. The principal/program manager will notify Employment Services of the staffing adjustments they are recommending.

SECTION F: Program Movement or Closure

1. Employees associated with a program that moves from one work site to another are assumed to move with the program. An employee who prefers to stay at the original site may do so, if there is a vacancy for which he/she is qualified. An employee 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 either
• displace a less senior employee in the job title at the site, or
• be displaced

2. If a program is terminated and then reinstated within two (2) school years, employees who were in that program shall have first priority for the vacancies in the job title they held when the program was terminated.

3. Employees who are displaced as a result of school closure shall select from open vacancies after people with return rights to previous positions have been placed and before any other step of the staffing process occurs. Employees displaced as a result of school closure will select in their own seniority order.

SECTION G: Layoff

1. Adverse developments which can necessitate substantial layoffs include:

a. Failure of a special levy election;

b. Large insufficiencies in State funding; or,

c. Large reductions in categorical funds or projects.

2. In such cases where large-scale layoffs are necessary, the SPS shall minimize the number of employees to be laid off by reducing cash reserves in a prudent manner to replace depleted revenues and by reducing expenditures in a prudent manner in areas of capital outlay, travel, contractual services, books and supplies. The SPS may reduce the levels of employees as necessary to remain within reasonably secure revenues for the following fiscal year, but in so doing shall give priority to those programs and services which relate to instruction and welfare of students.

3. In the event of layoffs determined for other reasons such as declining enrollment, changes in programs, priorities within and among programs, adoption of a different manner of providing services, and non-large funding losses and insufficiencies, the SPS shall inform the SEA when the nature and approximate size of the proposed staff adjustments are known. The SPS and the SEA will immediately meet to review the changes.

4. The performance ratings (evaluation) of employees shall not be a factor in determining the order of layoff under this Section.

5. Layoff Criteria

a. Based on budget allocations, the SPS will identify positions to be retained, eliminated and/or adjusted in hours or days.

b. The number of employees to be laid off will be based on the number of positions to be retained/eliminated or adjusted.

c. Those employees to be laid off will be selected by identifying the least senior employee in the job title.

6. Layoff Procedures

a. Lay-offs will be made within the bargaining unit and within the employee’s current job title.

b. In the event that a displaced employee is more senior than an employee with the same job title who was initially identified as “retained” (because his/her position was identified as funded for the next work year), the least senior employee is bumped by the more senior displaced employee and re-identified as “laid-off”. The position of the now “laid-off” employee will be made available at the In-Person Staffing and the now displaced employee will be scheduled to attend the In-Person Staffing.

c. All position vacancies created because of the layoff of employees with the least seniority or because of normal attrition will be identified by job title.

d. All employees will be listed by SPS seniority within current job titles.

e. Displaced employees who are not qualified for placement in any vacancy will be re-identified as “laid-off”.

f. "Unassigned pool(s)" shall be created separately from the displacement pool in order to reduce the number of employees who might otherwise be laid off.

(1) Job titles for the unassigned pool(s) shall be mutually agreed upon by the SPS and the SEA. Each unassigned pool will contain no more employees than there were in the job title during the previous work year.

(2) The number of unassigned employees in this pool shall be determined by the SPS based on anticipated vacancies for the coming work year.

(3) Employees in the unassigned pool will be merged with the displacement pool in seniority order.

(4) Employees initially placed in the unassigned pool shall have the same return rights as displaced employees as outlined in Section VII.J.4 below.

SECTION H: Exemption Process

1. The SPS shall take action on principal/program manager recommendations for exemptions to lay off using the following two (2) specific criteria:

a. Critical program and/or organization function: a position which is unique or essential to maintaining at least a minimum continuity level of a critical or legally mandated SPS program or function.

b. Special and unique skills and expertise: unique expertise or training in a critical instructional area as demonstrated by training, specific experience and education.

2. The SPS shall notify the SEA within five (5) working days of any exemption recommendations that are approved. The notice shall include the following information: the exemptions granted, the positions involved, the name(s) of the incumbent(s), the rationale for granting the exemption(s), and the person(s) affected.

SECTION I: Notification of Employment Status

1. The SPS will notify employees of their employment status for the following work year prior to the end of the school year or fiscal year, whichever is first.

2. Employees whose positions are in question due to funding uncertainties will receive written notice prior to the end of the work year or as information is received by the SPS which affects their positions.

3. Whenever the SPS becomes aware that a program will be changed or terminated or a school or a department is to be closed and positions are to be terminated as a result thereof, the SPS will notify the affected employees in writing no less than two (2) weeks prior to the termination date.

4. Employees who do not receive reasonable assurance by the end of the school year of continuing employment for the following school year may wish to investigate the possibility of unemployment compensation benefits pursuant to RCW Title 50.

SECTION J: Placement of Displaced Staff

1. Staff Placement Guidelines

a. In placing and transferring employees, it is recognized that the appropriateness of the assignment will have significant impact upon the effectiveness of the total educational program for children and upon the morale of the employees.

b. In placing displaced employees, an effort shall be made to maintain ethnic balance of staff members insofar as possible. Compliance 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 shall have consideration in the placement, transfer and recall of employees.

c. Prior to the In-Person Staffing process described in Section VII.J.2 below, employees with approved 504 accommodation needs will be contacted in seniority order to select or be assigned a position from among the available vacancies.

2. In-Person Staffing

The SPS shall hold In-Person Staffing during which displaced employees will select from vacancies for which they are qualified. Based on the number of available vacant positions due to new funding, leaves, retirements and resignations, the most senior qualified displaced employees will be scheduled to attend an In-Person Staffing to select new assignments for the next work year. Displaced employees scheduled to attend the In-Person Staffing will be able to select positions with job titles approved via the Job Title Verification Process.

Each displaced employee shall select a position in seniority order within the bargaining unit. In doing so, a displaced employee may:

a. Choose in seniority order from vacant positions for which he/she meets the minimum qualifications, within the appropriate Job Group.

b. Select a position with work hours equivalent to or less than his/her most recent position. Selection of a position with fewer hours than the most recent position results in a permanent reduction in employment work hours, without an SPS obligation to restore work hours. Return rights are retained. However, if there are no other choices available, a position with more hours may be selected.

c. If no position with work hours equivalent to his/her most recent position is available, the least senior person in a job title must select a position with fewer hours, and the difference in hours is treated as a lay off.

d. Choose a vacant position in a job title previously held within the same bargaining unit.

e. Refuse a position, sign a waiver form, and remain in the Displaced Employee Pool.

f. All open positions shall be filled in a reasonable time by regular employees except when the SPS is unable to identify a person(s) who meets the necessary qualifications to fill the position.

g. The SPS shall make every reasonable effort to assign displaced employees to positions at the earliest possible date after determining that an appropriate vacancy exists.

3. Post In-Person Staffing Assignment Process

a. If the least senior displaced unassigned employee does not select a position for which he/she is qualified, he/she shall be assigned by the last week of August to any open position within his/her current verified job titles and SP Salary Schedule level or below, based upon his/her seniority and qualifications. If the employee, after being notified of his/her least senior status in the Displaced Employee Pool, refuses an assignment, he/she shall be laid off and placed in the Re-employment Pool. The SPS shall send a certified letter to the employee confirming his/her refusal to accept an assignment

b. In the event that there are positions available for which displaced unassigned employees are not currently qualified, such employees will agree to:

(1) Select any open position at his/her current SP Salary Schedule level or below based on his/her seniority, and participate in a retraining program at SPS expense in order to qualify for the position; or,

(2) Sign a waiver form and be placed on the recall list.

c. In the event that there are no positions available, the displaced employee may remain in the Displaced Employee Pool and serve as a substitute, at his/her current salary level, until a position becomes available within his/her current SP Salary Schedule level or below, at which time he/she will be assigned in accordance with Sections VII.J.2.a and VII.J.4 a. and b.

Employees not assigned to a position by the first day of the subsequent work year will remain in the displaced pool and shall serve as substitutes in any appropriate position for which the employee is qualified in priority order:

(1) Job title for which the employee was retained;
(2) Job title on employee’s job title verification sheet;
(3) Job title for which an employee is qualified but is not listed on verification sheet;
(4) Job title employee could qualify for as per Substitute Office evaluation.

d. Employees in the displacement pool(s) who refuse temporary or substitute assignments shall not be paid for the day(s) of non-acceptance of an assignment. Rejection of more than three (3) temporary or substitute assignments within the retained job title shall be grounds for layoff and placement on the recall list.

e. As permanent positions are authorized, the SPS will offer those positions in seniority order to qualified employees in the displacement pool. Employees may decline offers until they are the least senior in the job title, at which time they must accept the offer or be laid off and placed on the recall list.

f. Employees placed in the displacement pool shall suffer no loss of salary and/or benefits. The probability of being assigned to substitute and the possible need to be able to travel to several building/program locations will be made clear in the retention letter sent to employees or at the In-Person Staffing, prior to these positions being selected.

g. The exercise of the right to return as noted in Section VII.J.4 below shall take precedence over the assignment of positions to employees in the displacement pool.

4. Return Rights

a. Return to a comparable position: Based upon his/her seniority and qualifications, an employee who has been reduced in hours, work days, or SP Salary Schedule level shall have the right to return to a position comparable to the one held during the previous school year and shall request the right to return in writing to Employment Services each year. If the above does not occur within one year, the right to return to a comparable position shall be extended for a second year.

b. Return to the building: Subsequent to the filling of vacancies under Section VII.J.4.a above, and based upon seniority, any employee shall have the right to return to the same building in the same job title held during the previous school year.

(1) In order for an employee to be able to exercise their right to return to a building, the vacancy must be identified by October 31st. The vacancy identification will be by submission of a RSVP, written staff request to a (DSU) Committee or a District-level administrator/supervisor, and/or by filing a grievance.

(2) The right to return will be implemented as soon as possible, but no later than Winter Vacation.

5. Filling Remaining Vacancies

Subject to Section VII.J.4. above, positions available at a higher SP Salary Schedule level than held by any displaced unassigned employee will be advertised and filled in accordance with the transfer procedures of Section VI.E.

SECTION K: Reemployment of Laid Off Employees (Recall)

1. Employees who are laid off may add verified job titles to which they wish to be recalled until the last day of June in the year they are notified of their lay off. Job titles added under this section are for recall purposes only, and shall have no impact on displacement or lay off for which the employee has already been notified.

2. Employment Services shall identify positions to which to recall laid off employees consistent with Section VI.C.1. A Re-employment Pool shall be created from which laid off employees will have priority for available vacancies for which they are qualified. Those having the greatest seniority will receive first offers of employment in positions for which they are qualified. When the employee is re-employed his/her prior service with the SPS shall be utilized in determining his/her placement on the salary schedule upon return to active service. Those laid off shall have the right to be recalled without increment credit for two years following their last day of work after being laid off unless:

a. They notify Employment Services that they are no longer available.

b. They fail to inform Employment Services in writing by the 10th of every other month beginning in September that they are available to return to work and any change in contact information.

3. The SPS shall contact the employee for available positions for recall, except for the assignment(s) which the employee refused. If the employee accepts a permanent position with another school district, the employee shall be deemed to have forfeited his/her recall rights under this Section.

4. Those laid off and recalled shall have a right to return to their previous position for one year if their previous position is identified as vacant by October 31st of the first year following lay off.

5. Employees who are recalled to, or apply for and are hired into, positions of lower hours per day, shorter work year or lower SP Salary Schedule level than the assignment from which they were laid off may continue to notify the SPS in writing of their desire to be recalled to their former job title, FTE and/or work year pursuant to the requirements of Article VII.K.2.b above. If they do so, they shall continue to be eligible for recall to their former job titles, FTE and/or work year on the same basis as other employees on the recall list.

5. Accumulated seniority and sick leave are retained for those reemployed following layoff due to staff adjustments. Prior service with the SPS shall be utilized in determining salary placement for those re-employed within two (2) years. Increment credit shall not be granted during the period prior to reemployment.

6. Seniority for laid-off employee who is rehired by December 1 during the first year after being laid off shall be calculated as if the employee had not been laid off.