ARTICLE IX RIGHT OF RECALL

Jamestown School District

All appointed certified teaching personnel, excluding one year appointments and long-term substitutes, whose contract will not be renewed for other than job related performance, will be rehired by the Committee based upon the Superintendent's assessment of what teacher is the most highly effective staff member to meet the particular student needs in the open position, including but not limited to consideration of their Rhode Island certifications, work history, including but not limited to attendance, effectiveness with various student populations, student achievement, recent experience in relevant subject matter, cooperativeness and collegiality. Seniority will be used as a tiebreaker in the event that two employees are deemed by the Superintendent to be equally highly effective. The following procedures will apply to such non-performance related non-renewed teachers:

1. By the deadline established in §16-13-2 of the General Laws of the State of Rhode Island, the Committee shall inform in writing those teachers whose contract will not be renewed pursuant to this Article and the President of the Association. The President shall meet with such teachers so named for the purpose of obtaining waivers. Any waivers signed by teachers must be returned to the Superintendent within seven (7) days of the first School Committee meeting held after the Town’s Annual Financial Town Meeting. For those teachers who voluntarily agree to extend the deadline to June 30th' the Committee agrees to provide the Recall Rights listed below. Teachers failing to file such waivers or failing to file within this time limit will not be eligible for Right of Recall pursuant to this article.

2. When the Committee decides to fill a position in any grade, for which a non-renewed teacher has certification, the Superintendent or designee will notify by certified mail the teacher selected pursuant to the individualized assessment described above. Where the Superintendent determines that special qualifications are required, the teachers on the recall list will not automatically be recalled. If special qualifications are required for a position, teachers on the recall list may compete for the position with other candidates. There will be no penalty or loss of position on the recall list if a teacher applies, but is not chosen, for any opening. Persons who are recalled, but refuse the recall will be removed from the recall list. Any teacher who is recalled must notify the Superintendent by email and by certified mail of his/her intentions to accept or reject the position offered within a period of ten business days of said notification. Business days for purposes of this section are defined as Monday through Friday not inclusive of holidays as defined under RIGL 25-3-1.

3. If the notified teacher fails to notify the Superintendent within this time allotted, that teacher will lose all seniority rights under this contract, will no longer be eligible for recall rights, and said teacher's contractual relationship with the Committee will come to an end.

4. It shall be the responsibility of all teachers on the recall list to keep the Principal notified of their latest address where communications can be forwarded.

5. Non-renewed teachers shall retain, but not advance, their seniority for the duration of the time in which they have right of recall.

6. Non-renewed teachers will return on the next higher salary step over the last step in which they completed a one hundred thirty-five (135) day year of teaching in the Jamestown school System, except in a year when steps are frozen.

7. Certified personnel qualifying under IX above will have Right of Recall for twenty four (24) months calculated from the date of the school year in which that person was not renewed. If a person is rehired and then not renewed an additional time, a new Right of Recall period will begin as above.