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Administrative Procedure

AP-712 — Reduction of Professional Work Force

Section Seven: Personnel and Employee Relations
Effective Date: May 30, 2016 Last Reviewed: March 30, 2020

Background

Through Policy 720, the Board has delegated to the superintendent the responsibility to create an administrative procedure to guide the process of professional staff reduction. The superintendent's responsibility includes determining whether or not reduction of professional staff is required, and determining the process by which it will occur. If the reduction involves the termination of continuing contracts, that recommendation shall be made to the Board.

Guidelines

  1. The superintendent will consider such factors as deemed appropriate in determining whether the ability to provide educational services has been affected and, without limiting the generality of the matters to be considered, may consider any or all of the following factors:
    1. student enrollments, both current and projected;
    2. population patterns;
    3. financial support for education, both current and projected;
    4. funding from all sources;
    5. student educational needs, both current and projected;
    6. curricular content or practices;
    7. programs offered by the Board;
    8. changes in function to existing facilities, both current and projected;
    9. new and/or revised curricula;
    10. other factors that the Board considers relevant.
  2. Changes in any of the above-noted factors may have a negative impact on the ability fulfill the Board's educational goals within the limits of its financial resources. If the superintendent concludes that any of these factors warrants a reduction in the number of professional staff positions, this administrative procedure shall be applied.
  3. In the event that it is determined that the division needs to implement the professional staff reduction procedure, the primary consideration shall be to retain staff members who best meet the program requirements and the educational needs of the students in each school.

Procedures

  1. The principal of each school shall be responsible for collaborating with the superintendents in identifying the number of teachers (FTE) required at each site.
  2. The superintendents will determine the overall professional staffing component for the division and determine if reductions are necessary division-wide, and if that reduction can be accomplished without affecting those teachers who are on continuing contracts.
  3. Each principal shall communicate with the superintendent of any concerns about the suitability of staff members on continuing contracts to meet the needs of students in specialized programs. Such specialized programs would include, but not be limited to, the areas of in-school administration, second languages, inclusive education, counselling, specialized career and technology studies, art, music programs and specialized senior courses.
  4. Wherever possible, professional staff reductions at specific schools will be accommodated through:
    1. retirements;
    2. natural attrition (for example, voluntary resignations, leaves, and conclusion of contracts with specific end dates);
    3. teacher requested transfers;
    4. superintendent determined transfer(s) of a teacher or teachers as provided for in the Education Act Section 212 (all provisions within the current collective agreement between the Board and the Alberta Teachers' Association shall be adhered to regarding the transfer of teachers);
    5. voluntary changes in employment status (for example full time to part time);
    6. varying the assignment of part-time teachers according to provisions in the collective agreement, and unless otherwise prohibited by contract.
  5. If, after these actions, there are more teachers employed on continuing contracts than there are professional staff positions in the division, termination of a continuing contract, or contracts, will be necessitated. Termination of a continuing contract, or contracts, might also be required if the only vacancies are in specialized teaching areas for which the teachers on continuing contracts would not be suitable candidates.
  6. If termination of one or more continuing contracts is determined to be necessary, the following criteria may be utilized to determine which contracts of employment will be recommended for termination:
    1. seniority based on years of service with the Board; (including time in the employ of the Brooks School District #2092 and County of Newell #4) will be the primary consideration when determining which contracts of employment are to be terminated. To determine years of seniority, the following principles will be used:
      1. seniority will be determined from the original date of hire to the date of application of the procedure, provided that there has been no break in service, other than as described below:
      2. maternity leaves, sick leaves, and educational leaves will be included as years of service with the division. Other leaves of absence, of a duration of 30 days or longer, will not be counted for determining years of service. Length of service shall be calculated based upon the number of years and full months of service provided to the Board.
    2. employees who are on part-time continuous contracts will be treated in the same manner as employees who are on full-time contracts;
  7. This administrative procedure shall apply to all teachers on leave of absence, subject to any legal considerations regarding return to work requirements under any statute, regulation or Board policy.
  8. The needs of each school with regard to "specialized teaching assignments" will be carefully considered, and a teacher placed in a "specialized teaching assignment" may be considered temporarily exempt from the staff reduction process at the discretion of the superintendent.
  9. Administration will, from time to time, review "specialized teaching assignments" and make recommendations to the superintendent regarding recognition of the same. The superintendent may earmark administrative services as "specialized teaching assignments."
  10. Where required, recommendations for termination of continuous contracts of employment shall be made by the superintendent to the Board after informing the teacher in writing of:
    1. the recommendation for recommending the termination of the teacher's contract of employment;
    2. the reasons for the recommended termination;
    3. the date, time, and location of the Board meeting at which the Board will consider the recommendation;
    4. the teacher's right to attend the Board meeting and be represented by a member of the ATA or legal counsel, or both, and to make representations to the Board in person or through his or her representative, or both.
  11. Nothing in this procedure is to be construed as limiting the options of the Board to dismiss or release teachers for cause or as otherwise permitted by law.