SPECIAL EDUCATION PLANNING IMPLEMENTATION AND PROCEDURES
Section 1. Definition. For purposes of definition only in this contract, "Special Education Planning Implementation and Procedures" refers to the Least Restrictive Environment (LRE) as defined by federal law as published in the Federal Register under §§300.550(b), which states: "Each public agency shall ensure--(1) That to the maximum extent appropriate, children with disabilities, including children in public or private
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That special classes, separate schooling or other removal of children with disabilities from the regular education environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily."
Section 2. Building Committees. Building Level LRE Committees shall be established following the standard procedures for establishing building committees to develop a plan for serving children with disabilities within the building. The LRE Committee shall meet a minimum of twice annually in order to implement and monitor. The LRE
Committee shall seek input from, communicate with, and report back to any administrators and bargaining unit members affected by the Least Restrictive Environment plan in the building. The LRE Committee will be charged with developing a plan for:
A. Curriculum adaptations;
B. Establishment of an "Assignment Procedure" for students with disabilities which utilizes subject/area level school employees, special needs school employees and administrators and counselors;
C. Sharing of information with school employees involved with the implementation of the IEP within confidentiality limitations;
D. Training during and after the planning year;
E. Utilization of current special education staff; and
F. An appeals process for addressing problems or concerns with the
implementation of the plan within the building. If concerns or problems cannot be resolved by this process, then such complaints may be adjudicated by a joint committee of up to two (2) Association representatives (appointed by the President) and two administrators.
Section 3. Discipline. Discipline shall be administered in the same manner as any other student unless the behavior is directly related to the student's disability or unless a joint discipline plan has been developed. If the behavior is related to the student's disability and a crisis intervention plan exists, that plan shall be followed until a case conference can be reconvened. In the event that problems develop regarding discipline of a student with special needs, any of the student's school employees may request to reconvene the case conference to attempt to solve the problem.
Section 4. Scheduling of Case Conferences. If the participation of the regular
classroom school employee is required at case conferences for students with special needs (IEPs) and the conferences become excessive in number, making it necessary to protect preparation or lunch time(s), those case conferences will be scheduled at a mutually agreed upon time.
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ARTICLE XXIII REDUCTION IN FORCE
Section 1. General. The parties recognize the Employer's legal authority and its discretion to reduce staff, separately, or together, when the Employer determines any such reduction is necessary for reasons that may include, but not be limited to the following:
A. Budgetary or economic reasons
B. Decrease in corporate-wide student population
C. Program modifications or reductions
D. Decrease in student enrollment in subject areas or program areas; and
E. Laws directly affecting staffing requirements
Section 2. Guidelines for Reduction in Force. The layoff of teachers due to a reduction in force shall be accomplished pursuant to the following provisions.
A. Prior to recommending any staff reduction, the Employer shall discuss with the exclusive representatives of teachers the proposed plans, positions involved, and reasons for such reduction of staff.
B. The Employer shall determine the subject areas, grade levels, and particular professional assignments in which a reduction will occur. It is understood that the Employer has not waived its right to determine assignments of teachers, and such right is not hereby diminished or limited in any manner,
notwithstanding any other term or provision of this Agreement.
C. When the Employer prepares plans concerning staff reductions, it shall consider and determine the appropriateness of reducing staff by eliminating positions which have become vacant due to resignations, retirement,
voluntary transfers, and voluntary leaves of absence.
D. In the event of a reduction in force or recall after lay-off, pursuant to this Article, the following criteria as listed below shall be the sole determinants as to which teacher or teachers shall be laid off.
1. After the elimination of a position, and a school employee is not certified to work in any of the less senior education positions in the School Corporation, that teacher shall be the first to be laid off.
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2. No permanent school employee shall be laid off if there is a permanent school employee with less seniority employed in a position for which the permanent school employee with the greater seniority is certified.
3. No permanent school employee shall be laid off if there is either a semi-permanent or non-permanent school employee employed in a position for which the permanent school employee is certified.
4. No semi-permanent school employee shall be laid off if there is a semi-permanent school employee with less seniority employed in a position for which the semi-permanent school employee with the greater seniority is certified.
5. No semi-permanent school employee shall be laid off if there is a non-permanent school employee employed in a position for which the permanent school employee is certified.
6. Non-permanent school employees shall be laid off if there is no other non-permanent school employee with less seniority employed in a position for which the non-permanent school employee with greater seniority is certified.
E. Seniority is defined as the teachers length of continuous service from his/her date of last employment under regular contract in the West Clark Community Schools, such service is not interrupted by approved leaves of absence; however, no seniority credit shall accumulate during any such leaves of absence. Seniority credit is not given for service under a temporary teaching contract.
F. When two (2) or more teachers have the same length of service the date that the Board approved the teacher's individual contract with the school
corporation, as set forth in the Minutes of the Board, shall govern in
determining which teacher shall be considered senior. In the event two (2) or more teachers individual contracts were approved on the same date, then the teacher with the earliest birth date shall be considered senior; however, this provision shall apply only to teachers employed prior to the effective date of this Agreement. After September 1, 1988, if said individual contracts were approved by the Board on the same date, as set forth in the minutes of the Board, then the time of day the teacher signed said contract in the presence of the Employer, which shall be set forth on said contract, shall govern.
Section 3. Recall
A. One corporation-wide seniority list based on service with the corporation as of September 30 of each year shall be established. The initial seniority list based on service with the corporation as of September 30 of that year shall be posted in each faculty lounge and made available to all certified personnel
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who request a copy thereof. Certified personnel shall have a period of forty-five (45) days to file exceptions to their placement on the seniority list with the Superintendent. No exceptions shall be entertained which have not been filed within this time period and the teacher shall waive any right to contest such placement until the posting of the seniority list the following school year. All years of teaching or administrative experience shall be counted as years of experience for purposes of computing seniority. This list shall be kept updated and posted annually.
B. Teachers who have been laid off will be recalled on the basis of reverse seniority using criteria specified in Article XXII, Section D. If there are positions which the School Corporation intends to fill and there are teachers with recall rights, the School Corporation does not need to post that position as otherwise required by other portions of this contract.
C. A teacher on lay-off shall remain on the recall list for a period of two (2) years from the teacher's last date of employment as set forth on said teacher's individual employment contract unless:
1. A teacher resigns;
2. The teacher's contract is canceled or non-renewed pursuant to law;
3. Refuses a recall notice;
4. Fails to accept the recall notice by responding written acceptance delivered to the Superintendent's Office within three (3) days of receipt if delivered in person, or within fourteen (14) days of its mailing date if mailed by registered or certified mail addressed to the laid off
employee at his/her last address appearing in the teacher's personnel file; or
5. Fails to report to work as specified on the recall notice.
ARTICLE XXIV