ACT 1776

ARTICLE V

Seniority

1. The two levels of seniority within the System are as follows: school seniority, based on the length of continuous service in a particular school; and system seniority, based on the length or continuous service within the System.

1a. On or before October 31 of each school year, the System shall supply to the Association and shall post in the individual schools a complete listing of all full-time lay teachers in the System including those on approved leaves of absence arranged according to system seniority and school seniority.

Teachers shall have until December 15 to call attention in writing to errors or to file grievances with the local school administration concerning their positions on the seniority roster.

1b. On or before April 1 of each school year, the System shall supply to the Association and shall post in each school a complete listing of all full-time lay teachers in that school including those on approved leaves of absence arranged according to the school seniority.

Teachers shall have until May 1 to call attention in writing to errors or file grievances with the local school administration concerning their positions on the seniority roster.

The Association shall also be supplied a listing of the subject(s) taught by each teacher.

2. The Association shall be furnished as soon as possible but no later than ten (10) school days after the first day on the job, the name, school assigned, and status of each newly hired teacher.

2a. A newly hired teacher having full-time, full-year prior teaching experience in any teaching system shall receive up to five (5) years maximum credit for salary purposes only. The number of years credited shall be so noted in the teacher's letter of appointment.

2b. For the 2011-2012 school year, if a lay teacher who has taught in the System as a lay teacher is rehired, he/she shall return with full salary increments and system seniority previously acquired provided the teacher is rehired within four (4) school years of his/her prior service except as modified by Article I, Section 1a and Article II, Section 2. Tenure previously obtained will be restored after one (1) year of satisfactory evaluation following the non-tenured evaluation process.

For the 2012-2013 school year, if a lay teacher who has taught in the System as a lay teacher is rehired, he/she shall return with full salary increments and system seniority previously acquired provided the teacher is rehired within four (4) school years of his/her prior service except as modified by Article I, Section 1a and Article II, Section 2. Tenure previously obtained will be restored after one (1) year of Distinguished, Proficient and/or Basic evaluations following the non-tenured evaluation process.

2c. For the 2011-2012 school year, if an administrator who has taught in the System and who leaves the System while in administration is rehired as a lay teacher, he/she shall return with full salary increments and system seniority previously acquired provided the administrator is rehired as a lay teacher within four (4) school years of his/her prior service except as modified by Article I, Section 1a and Article II, Section 2. Tenure previously obtained will be restored after one (1) year of satisfactory evaluation following the non-tenured evaluation process.

For the 2012-2013 school year, if an administrator who has taught in the System and who leaves the System while in administration is rehired as a lay teacher, he/she shall return with full salary increments and system seniority previously acquired provided the administrator is rehired as a lay teacher within four (4) school years of his/her prior service except as modified by Article I, Section 1a and Article II, Section 2. Tenure previously obtained will be restored after one (1) year of Distinguished, Proficient and/or Basic evaluations following the non-tenured evaluation process.

3.For the 2011-2012 school year, a full-time teacher hired within the period after the opening of school but prior to February 1 shall have this partial satisfactory experience credited as a full year on subsequent contracts.

Beginning in the 2012-2013 school year, a full-time teacher hired within the period after the opening of school but prior to February 1 shall have this partial Distinguished, Proficient and/or Basic experience credited as a full year on subsequent contracts.

3a. A full-time teacher who begins an approved leave within ten (10) days prior to February 1 shall have this experience credited as a full year on subsequent contracts.

3b. For the 2011-2012 school year, a full-time teacher who returns from an approved leave in accordance with the terms of said leave within the period after the opening of school and by February 1 shall have this partial satisfactory experience credited as a full year on subsequent contracts.

Beginning in the 2012-2013 school year, a full-time teacher who returns from an approved leave in accordance with the terms of said leave within the period after the opening of school and by February 1 shall have this partial Distinguished, Proficient and/or Basic experience credited as a full year on subsequent contracts.

3c. For the 2011-2012 school year, a full-time teacher who leaves on an approved leave in accordance with the terms of said leave after the opening of school but prior to February 1 and who returns by February 1 shall have his/her partial satisfactory experience credited as a full year on subsequent contracts if the experiences combined total one (1) semester or more.

For the 2012-2013 school year, a full-time teacher who leaves on an approved leave in accordance with the terms of said leave after the opening of school but prior to February 1 and who returns by February 1 shall have his/her partial Distinguished, Proficient and/or Basic experience credited as a full year on subsequent contracts if the experiences combined total one (1) semester or more.

4. System or school administrators who return to the bargaining unit shall obtain full credit and benefits and school and system seniority for years of service both in their teaching and administrative capacities.

System and school administrators who were appointed on or after September 1, 1979, upon return to the bargaining unit, shall be placed on the assignment which they left, or in the absence of such assignment, an assignment mutually agreed to between the Association and the System.

System and school administrators appointed after September 1, 1982, who accepted administrative positions in buildings other than their own, upon return to the bargaining unit, shall receive the same credit for school seniority as a department head who accepts a position as a department head in a school other than his/her own.

System and school administrators appointed after September 1, 1988, who accepted administrative positions in buildings other than their own and have fifteen (15) or more years school seniority, shall retain their school seniority as well as receive credit for their years as an administrator.

System and school administrators appointed after September 1, 1994, who accept administrative positions in buildings other than their own and have ten (10) or more years school seniority, shall retain their school seniority as well as receive credit for their years as an administrator.

4a. A teacher who accepts a position in an agency affiliated with the System, upon return to the bargaining unit, shall obtain full credit and benefits and system seniority for years of service both in his/her teaching and agency capacities.

4b. If the teacher has fifteen (15) or more years school seniority, he/she shall retain school seniority as well as receive credit for the years in the agency.

4c. Effective September 1, 1994, a teacher with ten (10) or more years school seniority who accepts a position in an agency affiliated with the System shall retain school seniority as well as receive credit for the years in the agency.

5. A Director of School Ministry who returns to the bargaining unit shall be placed on the assignment which he/she has left or, in the absence of such assignment, an assignment mutually agreed to by the System and the Association. A Director of School Ministry not originally a member of the bargaining unit has no right to return to the unit.

5a. A Director of School Ministry shall obtain full credit and benefits and school and system seniority for years of service both in teaching and ministry capacities for the System.

5b. A Director of School Ministry who accepts a position in a school other than his/her own and has ten (10) or more years school seniority shall retain his/her school seniority as well as receive credit for his/her years as a Director of School Ministry.

5c. Provisions pertaining to a Director of School Ministry apply to any former members of the bargaining unit who occupy the position of Director of School Ministry at the time of promulgation.

6. Any teacher who leaves the System in order to enlist in public or charitable services, e. g. Peace Corps, AmeriCorps VISTA, etc. may return to the System without loss of system seniority previously acquired provided that application is made for re-employment within ninety (90) days of discharge from a normal tour of duty with such agency. Such enlistment shall not interrupt a school year.

The teacher shall notify the System in writing thirty (30) days prior to the date the teacher wishes to return. Upon receipt of the teacher’s request, the System shall place the teacher’s name on a list in order of system seniority previously acquired. Such list shall also contain names of teachers who have been laid off due to Constriction as provided in Article VII, Section 1h.

If there are no laid-off teachers as provided for in Article VII, Section 1h, then teachers requesting to return from a Public Service Leave shall be offered openings in the academic area(s) as they occur.

7. Substitutes who have become members of the bargaining unit through continuous employment, and who subsequently, while continuously employed, are appointed full-time teachers shall receive credit for seniority by counting from the first day that their continuous substitution began except as modified by Article V, Section 3 and Article I, Section 1a. All such substitutes shall be provided a copy of the Agreement by their Principal, which shall contain all provisions pertaining to them.

8. Any teacher who leaves the System in order to accompany his/her spouse on a normal tour of mandatory duty with the military may apply to the System and shall be given preference of consideration provided such application is made for re-employment within ninety (90) days of completion of such tour.


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