32 BEA 4.25 ARTICLE UNREQUESTED LEAVE OF ABSENCE PROCESS SENIORITY AGREEMENT Section 1. Effective June 30, 2019, the purpose of this section is to set forth a plan providing for unrequested leaves of absence (ULA) because of discontinuance of position. lack of pupils, ?nancial limitations, or merger of classes caused by consolidation of districts. Subd. 1. Timelines: Teachers proposed for unrequested leave of absence shall occur by school board action prior to May 15'h with ?nal action occurring according to state statute. Subd. 2. De?nitions: Board Priorities: The Board will approve. on an annual basis, staf?ng retention priorities in August of the current ?scal year. The identi?ed priorities shall not be subject to the unrequested leave process, but will use the secondary seniority list in the event of cuts. An example of the letter is found in Appendix X. Probationagr releases: The annual non-renewal of probationary teachers as identi?ed by administration and approved by the Board shall follow MN122A.40 subd. 5. The identi?cation, selection, and approval of probationary teachers to be released is solely at the Board?s discretion. The release of probationary teachers is not a required component of ULA prior to the implementation of Article Subd. 3, paragraph 2. Quali?ed: For purposes of Article and the placement of teachers on ULA. a teacher is "quali?ed" to teach in a "subject matter or ?eld" if the teacher is licensed in that subject matter or ?eld, has taught in that subject matter or ?eld forat-least?QG?duty?dayeer one (1) semester or two (2) quarters in the previous eight (8) years, and has attained continuing contract rights. Realignment: The District is not required, under any circumstance, to realign positions to different subject matters, ?elds, lioensure areas, or other positions to accommodate the claims of another teacher. Consequently, the District is not required to realign any positions when placing teachers on ULA or when recalling any teachers from ULA. Subd. 3. Process: Unrequested leaves of absences shall occur in the following order for all teachers: Any teacher teaching under a Tier 1 or Tier 2 license or exemption. Teachers impacted by reductions who are on a Tier 1 or Tier 2 license or exemption will be placed on an Unrequested Leave of Absence if they are not quali?ed under a Tier 3 or higher license. Non-Quali?ed teachers. Teachers impacted by reductions who are not quali?ed per Subd. 2 will be placed on an Unrequested Leave of Absence. The least senior, quali?ed teacher. The least senior, quali?ed teacher within a department or license area will be placed on Unrequested Leave of Absence using the appropriate seniority list as de?ned in Article Subd. 4. Recall Provisions: 1. 2. 3. Teachers wiil be recalled to vacant positions for which they are quali?ed in the inverse order in which they were placed on ULA. The District will not hire a new teacher to ?ll a vacant position if a quali?ed teacher is on ULA and is available and willing to accept the vacant position. The District shall not be required to create part?time positions from full-time positions while placing teachers on or recalling teachers from ULA. No teacher shall have rights to a position with an FTE greater than his or her FTE at the time of placement on ULA. No full-time teacher will be required to accept recall to a part-time position. If a teacher accepts recall to a position with a lesser FTE than their recall rights provide, they may remain on unrequested leave for the remaining unassigned portion of their FT E. A teacher who declines the offer of reinstatement will remain on unrequested leave at their full FTE, but will not receive another offer of reinstatement for a position equal to or less than the offer declined for the remainder of that year. Only offers of reinstatement to a greater FT than the position declined will be extended to this teacher for the remainder of that school year. 5. A teacher placed on unrequested leave of absence may engage in teaching or any other occupation during the leave, may be eligible for unemployment compensation if otherwise eligible under that law for such compensation. and a leave will not impair the continuing contract rights of the teacher or result in a loss of credit for years of service in the district earned prior to the commencement of such leave. 6. The District will use certi?ed mail. return receipt requested, to notify a quali?ed teacher on ULA of recall to a vacant position. . 7. It shall be the responsibility of all teachers placed on ULA to maintain a current listing of their name and mailing address in writing in the Human Resources of?ce. Teachers shall have ten (10) business days from the receipt of certi?ed mail or personally served notice of recall to advise the School District in writing of intent to accept or the intent to reject the offer. Failure to so notify the School District within such ten (10) day period shall constitute waiver on the part of the teacher to any further rights of employment or reinstatement, and that teacher shall forfeit any future reinstatement or employment rights. 8. If a teacher waives his or her right to reemployment in the position offered. the position shall be offered to the next teacher on ULA that is licensed and quali?ed for the position. 9. A teacher placed on ULA will be eligible for recall for a period of three (3) years. 10. Pending completion of the recall process, positions may be ?lled on a temporary basis. Subd. 5 Termination of Recall Rig? A teacher's recall rights will terminate if any of the following occur: Voluntary removal by a teacher of his/her name from the recall list which must be a written request. Resignation of teaching position. Retirement. Discharge or termination of the teacher. The expiration of three (3) years from the commencement of the ULA without having been recalled. The expiration or revocation of a valid teaching license. Subd. 6 Insurance Participation. Any teacher placed on unrequested leave of absence shatl remain eiigible for all teacher insurance bene?t plans if helshe is not employed in anotherjob in which insurance bene?ts are available. The teacher must pay the entire premium during the period of such leave. If a teacher is on an ULA and a spouse is employed by the district, the District will only contribute the portion identi?ed under family coverage. Dual employment language will not apply. Subd. 7 ULA Challenge Any challenge by a teacher who is proposed for placement on ULA or recall therefrom shall be subject to the hearing and review procedures as provided in Minn. Stat. 122A.40 and, therefore, shall not be subjected to the grievance procedure. ARTICLE SENIORITY AGREEMENT Section 1. Procedure: M.S. 122A.40, Subd 11 shall govern unrequested leaves of absences. Section 2. Date of Service: The ?rst date of continuous employment in any certi?cated capacity shall be the date of service in this District for purposes of placement on the seniority list. The seniority date for teachers that have retired ?om Independent School District 191 and are rehired in any certi?cated capacity shall be the date of rehire for purpose of placement on the seniority list. Section 3. Seniority for Leaves of Absence: 1. A teacher will continue to accrue seniority during all leaves of absences. Section 4. Ties in Seniority: In the event of a tie, any teacher who has received disciplinary action within the last ?ve (5) years would be released. In the event a tie remains, affecting teachers whose ?rst date of employment commenced on the same date and thus have equal seniority, the teacher with the lower license ?le number as required by the State Department of Education shall be deemed senior. Section 5. Posting of Seniority List: A corrected, up-to-date seniority list shall be drawn up by the Human Resources Of?ce by December 15th of each calendar year. The seniority list shall be posted in a PDF ?le on the district website no later than December 15 of each school year, beginning with the 2007 school year. Secondary seniority list goes ARTICLE COMPENSATION Section 2. Licensure: Each teacher must submit a copy of a valid Minnesota teacher's license, and an of?cial transcript of all college credits. This material will be kept on ?le in the District of?ce during the entire time that the teacher is employed in the school system. Subd 1 2. In the event a teacher does not have a current, valid license by the ?rst day of class of a given . year, he or she will not be allowed to teach, will not be paid and will not receive bene?ts until such time a current, valid license has been printed as documented on the MDE website. Subd. 2 3. In the event a teacher does not have a current, valid license by October 15th of a given year, he or she will be terminated immediately. Subd 3. 4. A teacher may petition the Executive Director of Human Resources by August 15th if the teacher believes that their license will not be renewed prior to the ?rst day of class. If evidence supports that the Department of Education caused the delay in issuing the license, the Executive Director of Human Resources may waive Subd. 2 and Subd. 3.