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In the event that the total FTE of
the teachers in a school exceeds the allocation to the school, a surplus
situation exists. Seniority is the sole determinant of who is surplus in
the school. Generally speaking, the person in the school
with the lowest seniority is the first to be declared surplus, regardless
of the subject area(s) in which the shortage of sections exists that
appears to have caused the surplus. The only exception to this is a
situation in which the program needs of the school would be affected or if
they are a permanent Department Head.
Program NeedsA program need describes the ability of the school to continue to offer a particular program where specific qualifications (as defined by Ontario Regulation 298, Section 19, subsection 14 b and c) are needed to be assigned to teach that subject. In situations where declaring someone surplus would affect the school’s ability to offer program (ie because NO ONE else on staff has those specific qualifications as required by Ontario Regulation 298, Section 19, subsection 14 b and c), that teacher may not be declared surplus. A common example of a program need is that of most technical programs. Since special qualifications are required to teach technical subjects, declaring a Tech Teacher surplus might affect the school’s ability to offer a full range of courses. For example, if a Tech Teacher was the least senior person, and he/she was the ONLY Teacher on staff with senior transportation qualifications, then that Teacher may not be declared surplus if there are senior transportation courses running in the following year. Rather, the next least senior teacher would be surplus. The same does not hold true for a subject such as math or science, because a general studies teacher MAY be assigned to those classes under Ontario Regulation 298, Section 19, subsection 14 a.
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Teacher Qualifications and SurplusA BEd degree allows a Teacher to teach any program of general studies, including those outside of the Teacher’s specific qualifications, providing that the consent of the Teacher, the Principal and the Superintendent is given. Programs requiring specific qualifications are outlined in Ontario Regulation 298, S. 19, and include French as a second language, ESL, design and technology, technological studies and special education. Some restrictions apply to other areas as well. See the handout entitled "Qualifications of Teachers" for further information. NOTE: Only the Board can make a surplus declaration. Refusing to give consent can place a Teacher in a very difficult situation, and should only occur if the Teacher has serious concerns about his/her ability to perform the assigned teaching duties. Have such Teachers call the District Office for advice before they make a final decision. Procedure |
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1. | Determine the total FTE teachers on staff. Do not forget to include people returning from leaves. Take into account those on part time leaves, and those changing their FTE status. Do not include Long-term Occasional Teachers. | ||||||||||||
2. |
Subtract the total allocation of staff. The result, if positive, is the school’s surplus. It is quite likely that it may contain a fractional component! |
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3. |
Starting with the least senior teacher in the school, declare surplus until the total FTE of those declared surplus is equal to the number in step 2. It is entirely possible that the last person to be declared surplus will be declared only partially surplus in order to have the total FTE in the school match the allocation. For example, if you must declare 2.15 teachers surplus, and the bottom three teachers are all full time, then two will be declared completely surplus, and the third will be declared surplus for only one line.
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People Returning from LeavesGenerally speaking, those teachers returning from unpaid leaves of absence return to the staff of the school that they left. This occurs automatically if the person is completing a leave of one year or less. If the person is returning from a leave that exceeds one year, he/she can only return to the school if there is a vacant position available for which the teacher is qualified. Otherwise, the teacher becomes a "system responsibility." Teachers returning from a leave are not specifically entitled to or guaranteed an assignment similar to what they left, in the same way that all teachers may receive varying assignments from one year to the next. The exceptions to this are those returning from a maternity leave. These teachers are entitled to return to the position they left, which in effect means a timetable similar to that which they had previously held.
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Other Ramifications of a Reduced Number of Lines in a SchoolThe reduction in the number of lines in a particular department may cause the department headship to drop to a lower level. The level of a headship is based on student selections as of May 31, and is confirmed on November 15, with any adjustments made at that time. It is possible that a department could fall below seven sections, and therefore no longer be entitled to a head. The only exceptions to this are Library and Guidance, each of which has a headship regardless of the number of sections of each in a school. In the event that a department falls below Level 1 (ie 7 sections), the person who has the headship retains the right to the position if/when there are enough sections to have a Level 1 headship again. In the interim, Article 27.17 states that the In-School Staffing Committee will recommend a resolution to the problem to the Secondary Staffing Committee. The solution could include combining the department with another in the grouping (see Article 27.15).
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Positions of Responsibility - GeneralHeadships that become vacant after June 15 are filled on an acting basis until the next round of filling headships the following spring. Athletic Coordinators, Computer Facilitators and Student Success Teachers are not considered Headship positions. They are currently filed by appointment within a school, not through the normal headship vacancy process.
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