File:  GCKAA - Teacher Displacement

Overview - Displaced Teacher

A displaced teacher is any non-probationary teacher that does not have a position offered to them for one of the reasons outlined below. Displaced teachers shall have the right to pursue a mutual consent placement in the District through the school-based hiring process outlined below.  This policy and accompanying regulation shall not apply to teacher dismissals, non-renewals, reductions in force or other personnel actions that are not a result of displacement of teachers.

A teacher can be displaced to the extent required by law, for one of the following reasons.

1.  A drop in enrollment;

  The number of students in a school or across the District decreases.

2.  Turnaround;

  An assignment through the School Performance Framework, requiring reform efforts within the school that need to be implemented as a result of this assignment.

3.  Phase-out;

  A program being phased out over time.

4.  Reduction in program; or

  A program being offered by a school or by the District is reduced or eliminated.

5.  Reduction in building, including closure, consolidation or reconstitution.

  A building is closed, consolidated or reconstituted.

A teacher who has been displaced will follow the District's procedures for such displacement and shall attempt to secure another position in the District through the school-based hiring process.  Any teacher, who fails to secure a position through the school-based hiring process within twelve months or two hiring cycles, whichever is longer, from the date of the displacement determination, shall be placed on involuntary unpaid leave of absence.

Consistent with Board policy, nothing in this regulation shall be construed to require a principal to recommend appointment of a displaced teacher.

Definitions

For purposes of this policy and accompanying regulation, the following definitions shall apply:

1.  "Teacher" means a person who holds a teacher's license issued pursuant to the Colorado Educator Licensing Act, C.R.S. 22-60.5-101 et seq. and who is employed to instruct, direct or supervise the instructional program.  "Teacher" does not include those persons holding authorizations or administrative positions within the school District.

2.  "Displaced teacher" means any non-probationary teacher who is removed from the teacher's assigned school as a result of a drop in enrollment; turnaround; phase-out; reduction in program; or reduction in building, including closure, consolidation or reconstitution.

3.  "Mutual consent placement" is triggered as part of a displacement and is the school-based hiring process that occurs when a displaced teacher applies for a position under the supervision of another principal and the receiving principal consents to the new assignment.  The hiring principal's consent must consider input from at least two teachers employed at the school and chosen by the teaching faculty at the school to represent them in the hiring process.

4.  "Priority hiring pool" is a subgroup of displaced teachers who were actively employed and deemed satisfactory or effective in their performance evaluation preceding their displacement and who have not secured a mutual consent placement.  Teachers in the priority hiring pool shall receive the first opportunity to interview for available positions for which they are qualified within the District.

5.  "Transfer" means the reassignment of a teacher from one school, to another school in the District.  Transfers that do not result from displacement will be addressed in accordance with the Board's transfer policy (GCKA).

6.  "Hiring cycle" means the period of time during which the Board or its designee(s) reviews the staffing needs of the District and acts to fill vacant positions, if any.  The Board engages in two hiring cycles each calendar year: first, when the Board or its designee(s) project and fills staffing needs for the next school year and, second, as the Board or its designee(s) reviews current staffing and makes adjustments as necessary during the current school year.

Determination

The superintendent or his/her designee shall determine in coordination with the principal when a teacher is displaced based on one of the above mentioned reasons.

The superintendent or his/her designee in coordination with the principal shall prepare recommendations for appropriate personnel action, which may include teacher displacement, consistent with Board policy and state and federal law.  As necessary and appropriate, the superintendent shall submit to the Board such recommendations via the personnel list.

The superintendent shall cause written notice of displacement to be provided to all displaced teachers.  Notice shall be in writing and delivered via certified mail or email to a displaced teacher's address of record.  The superintendent shall immediately cause a displaced teacher to receive an initial list of all vacant positions for which the teacher might be qualified, including those vacancies in any area identified by the school District to be an area of critical need.

Hiring Cycle

The District has two distinct hiring cycles as follows: 

  The first hiring cycle will begin in April of each year and go through the first day of the contracted school year for teachers (as determined by the District's work year calendar).

  The second hiring cycle will begin on the day following the completion of the first hiring cycle and will end in March.

Displaced Teacher/School Based Hiring Procedures

Notification

1.  Any teacher who is deemed to be displaced shall be notified in writing of his/her removal from his/her current teaching assignment within 5 working days after of the displacement determination.

2.  Upon notice to the teacher of the displacement, the Director of Human Resources or his/her designee shall provide the teacher with access to a list of all vacant positions in the District,

3.  Hard to fill vacancies for the purpose of the priority hiring pool include Early Childhood/Special Education Teachers, Bi lingual -Bi literate Teachers and secondary Math Teachers.

4.  The Director of Human Resource or his/her designee will meet with the teacher upon initial displacement to learn more about the positions/locations s/he is interested in pursuing as part of his/her displacement.

5.  Displaced teachers will be required to complete an on-line application to ensure that they are included in the candidate searches being completed by hiring supervisors.

6.  Any displaced teacher remains solely responsible for identifying available positions within the District and pursuing any and all vacancies for which the teacher is qualified.

Priority Hiring Pool

1.  Displaced teachers who were deemed satisfactory or effective in their performance evaluation preceding their displacement shall be members of a priority hiring pool.

2.  A displaced teacher that earns an evaluation rating of less than proficient is not eligible for the priority hiring pool.

3.  Being in the priority hiring pool means that the said teacher shall receive guaranteed interviews for up to three positions of his/her choice for which he/she is qualified and has applied for in a school based hiring process.

4.  A teacher who has been displaced will follow the District's procedures for such displacement and attempt to secure another position in the District.  During this time he/she will be in the priority hiring pool and will go through the school-based hiring process.

5.  The displaced teacher in the priority hiring pool may be invited to participate in additional interviews (beyond the 3 guaranteed interviews) if the principal at the school with the vacancy offers that teacher an opportunity to interview.  Should the principal choose to do this, he/she will notify the Director of Human Resources.

6.  A list of displaced teachers will be provided to principals.  When a teacher is interested in utilizing #3 above, he/she should contact both the Director of Human Resources and the hiring supervisor.

7.  If a teacher is offered a position through the school-based hiring process and declines the position, he/she is no longer part of the priority hiring pool, although he/she may apply for available positions.

School-Based Hiring Process

1.  Interviews for vacancies to which displaced teachers are applying shall be conducted through a school-based hiring process, which shall include the use of an interview panel consisting of, at a minimum, the principal and two teachers from that school.

2.  A displaced teacher may apply to be selected to a particular school with the consent of the hiring principals, having:

  Received input from at least two teachers employed at the school who were chosen by the teaching faculty at that school to represent them in the school-based hiring process, and;

  Reviewed that teacher's demonstrated effectiveness and qualifications, which review demonstrates the teaching experience in support of the instructional practices of his or her school.

3.  Teachers chosen by the teaching faculty at the school to represent them in the school-based hiring process will be selected at the beginning of the school year through a process held at the school involving either candidates being nominated by others or by nominating themselves and upon identifying candidates, teachers will vote on the two teachers they believe will best represent them.

4.  Mutual consent is required for all displaced teachers wishing to secure a position through the school based hiring process.  Mutual consent is between the applying teacher, who gives consent by making application for the position and the principal, who gives consent by making the recommendation for placement. The principal's recommendation shall also include input from at least two teachers employed at the school and chosen by the faculty of teachers at the school to represent them in the hiring process.

5.  A principal shall recommend appointment of a displaced teacher to an assignment in the principal's school if the review of the displaced teacher's performance evaluations and qualifications demonstrates that employment of the displaced teacher will support the instructional practice of the school.

6.  When a principal recommends appointment of a displaced teacher to fill the vacancy after the school-based hiring process, said teacher shall be assigned to that position and will therefore, no longer be part of the priority hiring pool and no longer be a displaced teacher.

7.  If the Board approves the principal's recommendation of a displaced teacher to a vacant position, the Board shall transfer the teacher into the assignment sought and the displacement/mutual consent provisions of law are satisfied.  At that time, the Board shall reinstate the teacher's salary and benefits at the level they would have been if the teacher had not been placed on unpaid leave, if applicable.

8.  Any displaced teachers who are not recommended to fill a vacancy as part of the school-based hiring process in the hiring cycle immediately following the displacement can access future vacancies on the District's website at: http://www.summit.k12.co.us.

Limited -Term Assignment

1.  During the twelve month or two hiring cycle period within which a displaced teacher is attempting to secure a mutual consent position through the school-based hiring process, the District may place a displaced teacher in a twelve-month assignment or other limited-term assignments, including, but not limited to, a teaching assignment, substitute assignment or instructional support role.  Such assignment by the District is not a mutual consent placement.

2.  Placement in a limited-term assignment shall not be deemed to interrupt the period in which the teacher is required to secure a position through the school-based hiring process.

3.  If the limited-term placement extends into a consecutive school year, then said teacher's salary shall be adjusted according to all applicable policies.

4.  If the District does not place said teacher, then said teacher shall be on paid leave for the remainder of the twelve month or two hiring cycle, whichever is longer.

5.  The District may place the teacher in such an assignment at any time during the remainder of the twelve month or two hiring cycle, whichever is longer.

6.  Teachers who are placed in a limited-term assignment shall continue to receive the same salary and benefits as his/her teaching position for the remainder of the current school year.

Procedures - Displaced Teacher Not Securing a Position within 12 Months or 2 Hiring Cycles

1.  If a displaced teacher is unable to secure a mutual consent placement through the school based hiring process in a school of the District after twelve months or two hiring cycles, whichever period is longer, the District shall place the displaced teacher on involuntary unpaid leave.

Displaced Teacher on Involuntary Unpaid Leave of Absence

1.  During the Involuntary Unpaid Leave of Absence, the teacher:

  Shall not be considered an employee of the District;

  Shall not be eligible for benefits including, but not limited to District health and dental insurance, Public Employees' Retirement Association, workers' compensation, sick leave bank, and vacation.

  Shall receive insurance benefits through the last month of paid employment with the District and then shall be provided information on COBRA coverage from the District's benefits third party administrator;

  Shall be paid any accrued leave pursuant to applicable policies if such policies provide for payment upon separation from employment; however, he/she shall not be provided or accrue any new paid leave time;

  Shall return all District property (including keys, electronics, pass cards, and any other District property);

  May continue to apply to the District for any vacancy for which he/she is qualified and attempt to secure a position through the school-based hiring process.

  Shall continue in the status of "involuntary unpaid leave of absence" until the earlier of the following (1) he/she secures a position with another school District, or (2) for one year or one hiring cycle whichever is longer.

2.  If the teacher secures a position through the school-based hiring process while on the involuntary unpaid leave of absence, then said teacher shall be reinstated to the teacher's salary and benefits at the level he/she would have been if said teacher had not been on the involuntary unpaid leave of absence.

3.  The involuntary unpaid leave of absence shall be considered a break in service when applying the District policies regarding retirement and service award.

Adopted March 26, 2013

LEGAL REFS.:  C.R.S. 22-60.5-101 et seq. (Colorado Educator Licensing Act of 1991)

C.R.S. 22-63-101 et seq. (Teacher Employment, Compensation, and Dismissal Act of 1990)

C.R.S. 22-63-202 (2)(c.5) (displacement and mutual consent provisions)

C.R.S. 22-63-202 (2)(c.5)(II)(B) (requirement to develop policies for Board adoption addressing displacement and mutual consent provisions)

C.R.S. 22-63-206 (permitting transfer of teachers from one school, position or grade level to another)

CROSS REFS.:  GCE/GCF, Professional Staff Recruiting/Hiring

GCKA, Instructional Staff Assignments and Transfers

GCKB, Administrative Staff Assignments and Transfers