AP 423 - Position Redundancy

Background

The division recognizes the importance of its staff in achieving success for all students. To meet the goals of the division, The Director of Education maintains the right to deploy staff in a manner that meets the needs of the system.

This procedure outlines the process in the cases that necessitate the declaration of staff redundancy, the Director of Education recognizes the importance of staff in the delivery of effective programming for all students. Notwithstanding that recognition, the Director also recognizes that its ability to provide staffing levels may, from time to time, be constrained.

These constraints may include, but are not limited to, decline in student enrolment, reduced provincial financial funding, student educational need, staff availability and/or new or revised curricula. When changes in one or more constraining factors occur, the Director may deem it necessary to reduce the number of staff full-time equivalents (FTE) and/or alter staff assignments to meet identified Division needs.

Horizon School Division No. 205 will take into consideration known resignations, retirements and approved leaves of absences, before implementing procedures for lay-off or terminations.

Procedures

1.  The total number of FTE staff required in the Division takes into consideration current and projected enrolments, financial resources, program offerings, identified needs and the circumstances of schools and/or services of the Division. The total number of FTE required is determined in accordance with Division priorities, and is reviewed annually within the staffing & budgeting process. The staff allocation needed to support programming for each school, is then determined;

2.  Division staffing is a collaborative process done between the school principal and/or the service supervisor and the Deputy Director of Education (or designate);

3.  Should constraints as outlined above necessitate the declaration of staff redundancy within a school and/or service, the Deputy Director of Education (or designate), in consultation with the principal/supervisor, shall review staff and make recommendations to the Director of Education

Professional Staff

When the identified needs for the school/service are not sufficient to provide assignments to all the teachers, those teachers will be declared redundant to the school/service.

1.  With respect to which teachers are necessary to meet student need, the principal/supervisor in collaboration with the Deputy Director of Education (or designate) in arriving at a recommendation, the following criteria shall be considered, in decreasing order of priority

1.1.  Teachers with the most appropriate curricular background/training, experience and personal qualities to meet the programming needs of the school and/or service;

1.2.  Where comparative data is available, the teacher deemed more effective as determined on the basis of performance;

1.3.  The versatility and ability to teach in a wide variety of subjects as well as grade level adaptability and flexibility;

1.4.  Where comparative data is available, the greatest degree and level of involvement in professional development and school life activities;

1.5.  Those with the greater number of years of post-secondary training in education;

1.6.  Teacher’s suitability for anticipated future programming needs;

1.7.  Where the above factors do not determine all teachers to be retained in the school/service, seniority may be considered;

1.7.1.  For the purposes of these guidelines, seniority may be defined as the length of time of the teacher provided uninterrupted service with the Division, as defined by the Provincial Collective Bargaining Agreement, expressed in full-time equivalent years. For the purpose of calculating seniority, only temporary, replacement or continuing contracts will be included in the calculations;

4.  In the event a teacher is deemed redundant to the needs of a school/service, reasonable effort will be made to find a placement for that teacher within the Division, where a vacancy exists, relative to the programming needs of the students and to the educational background and/or experience of the teacher

5.  If it is deemed that there is no appropriate assignment for the teacher who is declared redundant to the needs of the Division, the teacher’s contract will be terminated in accordance with Clause 210(1) (b) of The Education Act, 1995;

6.  This redundancy administrative procedure does not apply to adding or removing administrative duties, (i.e. principals and vice-principals).

Support Staff

When the employment needs for the projected school or service are not sufficient to provide assignments to all the staff employed, the Deputy Director of Education (or designate), in consultation with the principal or supervisor, shall make a recommendation to the Director of Education of identified position(s) that may be declared redundant.

1.  Support Staff declared redundant will be considered for placement in other vacant positions within the division. If no suitable placement can be made, procedures for lay-off or termination of employment will be implemented.

The guidelines for lay-off or termination of employment contracts for support staff are as follows:

1.1.  Unionized staff will be laid off or terminated in accordance with the layoff and/or termination provisions of the applicable collective agreement;

1.2.  Non-Unionized staff will be laid-off or terminated in accordance with layoff and/or termination provisions of the applicable working conditions by giving appropriate notice or pay in lieu thereof, in accordance with the employee's contract of employment.

1.3.  Out-of-scope staff will be terminated by giving appropriate notice or pay in lieu thereof, in accordance with the Saskatchewan Employment Act or the employee's contract of employment. Severance pay provisions will be made in accordance with the employee’s contract of employment.

Reference:  Education Act 1995, Sections; 85, 87, 109, 174, 175, 210, 213, 215, 216;
Human Rights Code; Saskatchewan Teachers’ Provincial Collections Bargaining Agreement;
Horizon Support Staff Association Agreement; CUPE #4799 Agreement;
Deer Park Employees Association Agreement; Saskatchewan Employment Act