3131.01 - RECALL OF STAFF

Jennings County School Corporation

Bylaws & Policies

3131.01 - RECALL OF STAFF

Recall of personnel who have been affected by reduction in staff will be based on the need for meeting the educational program, curriculum, enrollment, and financial resources of the corporation.

The School District will establish a recall list showing the seniority and areas of certification of all teachers with recall status.

	A.	An eligible teacher shall automatically be place upon the recall list at the time of the teacher's reduction-in-force notification. The RIF notification is delivered via a certified letter or in person by the Superintendent or his/her designee.
	B.	The areas of certification shown on such list shall be changed and/or enlarged upon proof by the teacher that additional certification exists or has been obtained.
	C.	Seniority shall be defined as the length of continuous service (including approved leaves of absence) with the School District. This seniority shall have been determined by the procedures set forth in Reduction in Force Policy.
	D.	As person are removed from the recall list, the School District shall from time to time update the same by reflecting the changes therein.
	E.	Upon written request at any reasonable time, teachers on recall status shall be provided with a copy of the (original or updated, as appropriate) recall list.
	F.	When a recall is in effect, is shall be posted in the Central Administration Building and sent to the Association President.

Teachers on the recall list shall have the following preferential hiring rights to regular teaching positions until such teacher is either actually rehired by the Corporation or otherwise loses his/her recall status:

	A.	Teachers on recall status will, in order of their seniority, be offered the first opportunity to accept re-employment to any available regular teacher position (whether such position has been added as new or is a vacant position which the Corporation desires to fill) for which they are qualified. It is understood that such right does not allow any teacher on recall status to return to employment by obtaining an expanded license certification and then "bumping" an employed teacher who is working in the new license area.
	B.	Qualification for the purpose of this policy shall be regarded as synonymous with the teacher's areas of license certification.
	C.	Nothing in this policy shall require the Corporation to add any particular position, restore any position, fill any position which becomes vacant, or refrain from reassigning any responsibilities of its teacher employees.

Rules Relating to Re-employment Offers

The School Corporation shall offer re-employment to any teacher on recall list in writing, by delivery in person, or by certified or registered mail to the last known address of the recalled teacher as reflected in the teacher's personal file.

Any teacher who is recalled to work must provide the Office of the Superintendent with a written notice of acceptance within ten (10) calendar days of its certified mailing date, if mailed.

Should such written acceptance not be received by the Superintendent's Office within such time limits, the teacher will be conclusively deemed to have turned down the offer of employment. If the teacher can document that an illness or other emergency prevented the acceptance within ten (10) days timeline, then the teacher remains on the recall list though has no right to the position for which the teacher did not timely accept recall.

A teacher shall lose all recall rights and the name of such teacher shall consequently be removed from the recall list permanently if the teacher:

rejects or turns down a written off for re-employment by the School Corporation unless:

		1.	the offer is for a position for a less than full-time position that is fewer hours than the position from which the teacher was laid off; or
		2.	if the teacher is under contract with another School Corporation. Except that a teacher who is notified pursuant to this Policy that the School Corporation is offering employment (a teaching contract), and at the time of the notification the teacher has previously signed a teaching contract with another School Corporation, that teacher may finish his or her contract obligation which do not exceed one (1) school year before re-establishing his or her employment with the School Corporation if the teacher provides written notice of the following within the time limits set forth in this section:

			a.	that the teacher has signed a teaching contract with another School Corporation;
			b.	the name and location of the School Corporation which the teacher has signed a teaching contract;
			c.	a statement that after finishing the school year in the other School Corporation for which the teacher has signed a contract, the teacher will return to the Jennings County Schools.

	B.	submits a letter or resignation;
	C.	fails to report for work as required by the terms of re-employment. However, if the teacher is unable to report for work because of a documented temporary illness or documented temporary physical disability, attempts shall be made to accommodate his/her return insofar as such attempts are not judged by the Administration to be unduly disruptive for the affected students. Should the temporary illness or disability intervene in a way which the Administration does deem to disrupt the learning process unduly and therefore effectively prevents the teacher's return, the teacher shall not be penalized and shall be returned to the recall list subject to the normal rules of recall;
	D.	has his/her recall status revoked for cause.

Any teacher with recall status shall be eligible for employment as a substitute teacher and/or for employment under temporary contract under the same rules, terms and conditions, and compensation which apply to any other qualified person. However, such teacher shall be free to reject, turn down, or pass up any offer of such substitute and/or temporary employment, and such a rejection will not jeopardize or in any way affect the teacher's recall rights or recall status. Likewise, the acceptance and performance of substitute and/or temporary employment will also not affect the teacher's recall rights or recall status and will not operate to advance the teacher's name on the recall list.

Any eligible teacher with recall status upon being rehired will be so rehired at the seniority level they held when laid-off and with the same number of sick days accumulated, unless the teacher was under contract with another School Corporation. In that event, sick days accumulated will be transferred in accordance with applicable State law.