Layoff and Recall of Staff Whose Employment is Regulated by the Teachers’ Tenure Act
It is the policy of Walled Lake Consolidated Schools when making a staffing or program reduction or any other personnel determination resulting in the elimination of a position, to make such decision based on retaining effective teachers.
In the event of a layoff or recall of teachers whose employment is regulated by the Teachers’ Tenure Act, per Section 1 of Article I of 1937 (Ex Sess), PA 4, MCL 38.71 et seq., the District will lay off the least effective teachers first and recall the most effective of those who were laid-off. However the District retains full discretion and authority as to whether to fill positions vacancies by way of recall, reassignment, or new hire. The District may also consider building, grade, and subject assignment; certification; qualifications; and regency of relevant teaching assignments when identifying the group of teachers subject to layoff and/or recall.
The District will determine teachers’ effectiveness by reference to their three most recent annual year end performance evaluations. Fewer annual year end performance evaluations will be used if fewer annual year end performance evaluations are available. If no annual year end performance evaluation is available, the District will base its decision on the factors set forth herein regarding individual performance; significant, relevant accomplishments and contributions; and relevant special training. However, in no event will a teacher who has been rated as ineffective within the most recent performance evaluation be retained over a teacher who was rated as minimally effective, effective or highly effective within the most recent performance evaluation.
Performance evaluations shall be consistent with Section 1249 of the Revised School Code, as amended, and shall include, but not necessarily be limited to, an assessment of the teacher’s:
- Individual performance, which shall be the majority factor.
- Significant, relevant accomplishments and contributions. That is, whether the teacher contributes to the overall performance of the school by making clear, significant, relevant contributions above the normal expectations for an individual in his or her peer group and having demonstrated exceptional performance.
- Relevant special training. Whether the teacher has completed relevant training other than the professional development or continuing education that is required by the District or by Michigan law and has integrated that training into instruction in a meaningful way. Activities and accomplishments within his or her field of expertise outside the regular teaching assignment, including, but not limited to, graduate/post-graduate coursework, authorship, presentations, and professional organizations.
Assessment of the teacher’s individual performance shall include, but not necessarily be limited to, the following factors:
- Evidence of student growth, which shall be the predominant factor in assessing an employee’s individual performance.
- The teacher’s demonstrated pedagogical skills, including at least a special determination concerning the teacher’s knowledge of his or her subject area and the ability to impart that knowledge through planning, delivering rigorous content, checking for and building higher-level understanding, differentiating, and managing a classroom; and consistent preparation to maximize instructional time.
- The teacher’s management of the classroom, manner and efficacy of disciplining pupils, rapport with parents and other teachers, and ability to withstand the strain of teaching.
- The teacher’s attendance and disciplinary record, if any.
Seniority and/or tenure status will not be a factor the District considers under this policy, except as a tie-breaker to distinguish between or among otherwise equally effective teachers. The district’s superintendent, or designee, will submit his or her recommendation for layoff or recall to the Board of Education. The district will follow administrative guidelines for teacher layoff and recall.
Legal Reference: Revised School Code MCL 380.1248
Adopted: 7/1/93; Revised: 5/2/13