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Professional Agreement Between The Lincoln Public Schools and The Lincoln Education Association
2006 - 2008

ARTICLE VI
CHANGES IN PLACEMENT

6-1 General Information

a. Voluntary transfers shall be defined as those initiated by the employee as documented by written application.

b. Involuntary transfers shall be defined as those resulting from written administrative action.

c. Surplusing shall be defined as the need for reassignment of staff due to enrollment decreases, budget limitations, or program changes; it is not a reduction in force where termination or contract amendment will occur.

d. Reduction in Force (RIF) shall be defined as reduction in staff by termination or contract amendment due to enrollment decreases, budget limitations, or program changes in the event no vacancy exists in the district for which the certificated employee is qualified.

e. Seniority shall be defined as the length of a certificated employee’s continuous service in the bargaining unit from the most recent date of being placed on a continuous contract. Seniority shall begin on the first contract day on which the employee reports for duty.

(1) Seniority shall accrue during authorized leaves of absence, and layoffs up to twenty-four (24) months or as otherwise mandated by law. Seniority shall not be interrupted by voluntary or involuntary transfers.

(2) The district-wide seniority order for certificated employees will be determined by the start date of their continuing employment agreement. Certificated employees with identical reporting dates will have their placement order determined by random computer placement within that report date. Once the order is established, no changes will occur except those allowed within the negotiated agreement.

(3) The district-wide seniority list shall be prepared and made available on the LPS website on or about November 1. The validity of the seniority list shall become final and no longer subject to grievance following the first contract day in January. Paper copies fo the seniority list will be produced for the Association and the District after finalization.

(4) Seniority shall end upon resignation, retirement, failure to return to work at the expiration of a leave of absence, failure to be recalled within twenty-four (24) months from the date of a layoff, or termination of employment for other reasons.

f. Assignment shall be defined as:

(1) school building for elementary certificated employees assigned to an elementary building;

(2) subject area assignment for certificated employees in a middle school building;

(3) department for certificated employees in a high school building;

(4) positions within any assigned building requiring special endorsement(s) or qualifications; PROCOM will agree on positions requiring special qualifications for purposes of applying the provisions of surplusing and reduction in force. The list of positions will be distributed on or about November 1. Revisions may be made by PROCOM at any time;

(5) duties assigned in the current year within any school, other location, or configuration of work sites for itinerant certificated employees;

(6) a list of certificated staff and their assignment shall be prepared and made available in every school office, at the Lincoln Public Schools District Offices and at the Association office on or about November 1. The accuracy of the assignment list shall become final and no longer subject to grievance following the first contract day in January.

6-2 Placement of Staff

a. Consideration for filling vacancies shall be in the following order:

(1) Voluntary transfers
(2) Surplus/RIF
(3) Leave of absence
(4) Part-time
(5) New hires

b. Once there is assurance that positions exist for current certificated employees, part-time employees may be considered for an increase in their contractual time, and new staff may be considered for employment. Within areas of endorsement or qualification, current surplused certificated employees will be assigned before newly hired certificated employees.

c. Within a hiring cycle of any given year, if qualified voluntary transfers apply for a position or similar multiple positions, a minimum of four (4) will be interviewed before a position is filled. Similar multiple positions are defined as positions at the same location, within the same high school department, same middle school department/team or same elementary grade/team.

d. If vacancies are available, Human Resources shall make at least three (3) interview offers or job offers to eligible surplused certificated employees. In the event a surplused person declines three (3) interview offers or job offers, Human Resources may place the employee in an appropriate position.

e. During the transfer process, any position for which there are no in-district surplused certificated applicants may be filled by a new hire.

6-3 Surplusing

a. Prior to declaration of a surplusing in an assignment, the Principal shall make a request for a volunteer to accept surplusing status and/or the Principal may exercise his/her right to reassign current staff to an anticipated vacancy within that school. Declaration of a surplusing and reassignment within a building shall be documented in writing.

b. In the event the need arises for surplusing certificated staff, district-wide seniority shall be the determining factor in reduction within an assignment.

c. Certificated employees involved in surplusing will be encouraged to participate in the voluntary transfer process.

6-4 Voluntary Transfer

a. An updated list of present vacancies and known vacancies for the following school year will be posted in all school buildings, at least every two weeks starting March 15. The posting of vacancies will continue up to 30 calendar days prior to the first contract day of the building with the vacancy. If all surplused teachers have not been assigned, posting shall continue past 30 days prior to the first contract day. The vacancy list shall include:

(1) Position title

(2) Building location

(3) Status, i.e., permanent, temporary, part-time or itinerant

(4) Qualifications: Courses to be taught and if elementary, grade and subject matter emphasis.

At all times, an updated list shall be available at the Human Resources Office.

b. Posting: If posted, no vacancy shall be permanently filled within five (5) working days of the date of posting.

c. Procedures: Every employee on continuing contract shall have the right to apply for any vacancy for which he/she is certificated and endorsed by contacting the Human Resources Office within the five (5) day posting period. All certificated employees applying for a voluntary transfer shall, after contacting the Human Resources Department, be allowed to submit a letter of application and resume to the principal or supervisor where the vacancy exists. All applicants shall receive written notification within five (5) days from the principal indicating receipt of their application for the position.

The Human Resources Department will notify all applicants, in writing, within ten (10) days of the closing date for the application when the screening process and subsequent interviewing will occur.

Applicants selected for an interview will be notified by the Human Resources Department. Other applicants will be notified, in writing, by the Human Resources Department within ten (10) days that they have not been selected for an interview. Interviewees not selected for the position will be notified by Human Resources within ten (10) days from the time the position has been filled.

d. Certificated employees exchange shall be defined as the exchange of assignments between two staff members in different buildings with the approval of both principals. Such exchange shall be for a one (1) year trial. At the end of one (1) year, a request for discontinuation of the exchange by any of the affected teachers or principals will be honored. An exchange extended beyond one (1) year shall become permanent.

6-5 Reduction In Force

a. Bumping Procedures - In the event no vacancy exists for the certificated employee who is subject to reduction in force, the certificated employee may exercise system-wide seniority to bump the certificated employee with the least amount of system-wide seniority in the school system in the assignment in which the certificated employee has been teaching. If no such less senior certificated employee exists, he/she may bump the least senior certificated employee to which he/she is senior in another field or teaching area for which he/she is certificated and endorsed or where certification and endorsement is not applicable, by reason of college credits in the teaching area. Certificated employees may not bump to administrative positions.

b. Reduction in Force - When it is no longer possible for any certificated employee who is subject to reduction in force to bump another certificated employee, the certificated employee will be laid off according to Nebraska School Law.

c. Recall from Layoff - Any certificated employee whose contract has been amended because of reduction in force shall be considered to have been terminated or to have had his/her contract amended with honor and shall upon request be provided a letter to that effect. Such certificated employee shall have preferred rights to reemployment for a period of twenty-four (24) months commencing at the end of the contract year and the employee shall be recalled on the basis of length of service to the school district, to any position for which the certificated employee is qualified by endorsement or college preparation to teach. The certificated employee shall, upon reappointment, retain any benefits which had accrued to said certificated employee prior to termination or contract amendment, but such leave of absence shall not be considered as time of employment by the district. A certificated employee under contract to another education institution may waive recall but such waiver shall not deprive the certificated employee of the certificated employee’s right to subsequent recall.

ARTICLE VII
PROFESSIONAL APPRAISAL

7-1 Professional appraisal is the systematic formal summative review instrument recommended by a joint committee made up of five persons appointed by the Board of Education and five persons appointed by the Lincoln Education Association. Said committee shall be called the Teacher Appraisal Joint Committee.

7-2 Any proposed changes in the summative review instrument will be recommended by the Teacher Appraisal Joint Committee and shall be jointly agreed upon by the Lincoln Education Association Board and the Lincoln Public Schools Board.

7-3 The appraisal process and summative review instrument shall be consistent with the Board policy on appraisal.

7-4a. All certificated employees will be appraised at least every three years. On or about October 1 of each year, all certificated employees who are to be appraised shall be informed by their appraiser of the instrument to be used, and the administrative procedures which will be followed.

b. The immediate supervisor shall be the principal. In the case of itinerant or cluster assignments, the immediate supervisor shall be designated by the Associate Superintendent for Human Resources.

c. The written appraisal will be confidential and will be reviewed in private by the appraiser and the certificated employee.

d. Written appraisals shall be based on information gathered openly during formal or informal observations and other data collected concerning criteria identified in the summative review instrument.

e. All formal classroom observations shall be conducted with full knowledge of the certificated employee with at least one day’s advance notice.

f. The certificated employee may submit a written statement and/or rebuttal which must be attached to all file copies of the appraisal.

g. The certificated employee and the appraiser shall sign the appraisal form. The signature of the certificated employee does not indicate approval of the appraisal but only that the certificated employee has reviewed and received a copy of the document.