It is the responsibility of the Board of Education to provide the staff necessary for the implementation of the educational program of the District and the operation of the schools and to do so efficiently and economically. The Board reserves the right to evaluate positions in the District and to increase or reduce the staff as necessary.

This policy shall not operate or be applied to retain or recall a teacher whose most recent performance evaluation contains an overall rating of Minimally Effective or Ineffective in preference to any properly certified and qualified teacher with a higher effectiveness rating as reflected in that teacher’s most recent performance evaluation. This policy also shall not operate or be applied to retain or recall a probationary teacher who has received a rating of either Minimally Effective or Ineffective in preference to any properly certified and qualified teacher with a higher effectiveness rating. A probationary teacher who is rated as Effective or Highly Effective on his/her most recent annual performance evaluation is not subject to being displaced under this policy by a tenured teacher solely because the other teacher has attained tenure under the Teachers’ Tenure Act.

Administrator and Teacher layoff and recall decisions shall be made based on the goal of retaining effective teachers. Therefore, when conducting a staffing or program reduction, recalling from a staffing or program reduction, making any other personnel decision resulting in the elimination of a position, hiring after a staffing or program reduction, or making any other personnel determination related to such decisions, the Superintendent and administrative staff shall ensure that all such decisions are based on the retention of effective teachers and administrators.

For purposes of this policy, "teachers" include individuals whose employment is regulated by the Tenure Act, individuals with teaching certificates (as defined by the Teacher Certification Code) who are assigned to positions within the District for which the Michigan Department of Education (MDE) requires a teaching certificate. For purposes of this policy, "administrators" include administrators with instructional responsibilities who have acquired tenure within the District or who are serving a probationary period under the Tenure Act.

In the event of a layoff of teachers whose employment is regulated by the Teachers' Tenure Act, the District will lay off the least effective teachers first. However, the District retains full discretion and authority as to whether and how to fill vacant positions.

Teacher effectiveness shall be measured in accordance with M.C.L. 380.1249 and will include, but not be limited to, an assessment of the teacher's:

Teachers rated as Minimally Effective or Ineffective on their year-end final evaluation shall not be given preference over a teacher who is evaluated as Effective or Highly Effective. In rare cases, with the written approval and rationale of the Superintendent, a Minimally Effective or Ineffective teacher may be retained due to unique certification and/or highly qualified status.

Probationary teachers rated as Effective or Highly Effective shall not be displaced by a teacher on continuing tenure solely because the other teacher has continuing tenure.

The District may also consider building, grade, and subject assignment; certification; qualifications; and recent relevant teaching assignments when identifying the group of teachers subject to layoff and/or recall.

In the event that a personnel decision within the scope of this policy involves two (2) or more teachers, and all of the above factors, as well as any other job related factors identified by the Superintendent or designee are equal, then length of service or tenure status may be considered as the final tiebreaker.

The development and content of policies and procedures relating to decisions concerning the layoff and recall of teachers and administrators shall not be the subject of any terms and conditions within a collective bargaining agreement between the District and employees who are covered by this policy.

The Superintendent or designee may develop administrative regulations to support this policy.

Public Act 102 of 2011, Section 380.1248 of the Revised School Code;
Public Act 103 of 2011, Section 423.215(3)(k)
M.C.L. 380.129

Revised 1/25/16
Revised 6/27/16