ARTICLE X NON-RENEWAL, SUSPENSION, DISMISSAL AND RECALL RIGHTS

North Kingstown School District

A. Teachers shall be non-renewed/dismissed/suspended (not due to misconduct or performance) on the basis of seniority. Teachers notified of non-renewal/dismissal suspension (not due to misconduct or A. Teachers shall be non-renewed/dismissed/suspended (not due to misconduct or performance) on the basis of seniority. Teachers notified of non-renewal/dismissal suspension (not due to misconduct or performance) shall be provided recall rights as set forth below. The President of the Association shall receive a copy of the notification.

1. Teachers shall be recalled by the Committee in order of seniority as positions for which they have certification become available and as the Committee decides to fill such positions.

2. When the Committee decides to fill a position for which a teacher on recall has certification, the Superintendent or designee shall notify by certified mail, return receipt requested, the most senior teacher on the recall list in the area of certification. That teacher shall notify the Superintendent or designee by certified mail of their intentions to accept or reject the position offered within a period of five (5) business days of said notification. Should the notified teacher not communicate with the Superintendent or designee within the above time period, it shall be deemed to be a rejection of the position.

3. If the notified teacher fails to notify the Superintendent or designee within the allotted time or if the notified teacher refuses to accept the position offered, that teacher shall lose all seniority rights under this Collective Bargaining Agreement, shall no longer be eligible to participate in the fringe benefit extension provided herein, and said teacher’s contractual relationship with the Committee shall come to an end. Should this occur, the Superintendentor or designee shall notify the next most-senior teacher in the area of certification of said vacancy.

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

5. All teachers on recall shall have the option of retaining all fringe benefits provided for by this Collective Bargaining Agreement during the period of their recall provided they repay for said benefits to the School Department in the same manner the Department pays those benefits. A teacher shall be entitled to the rights under this Article for a period of five (5) years from the date that the layoff became effective.

6. The Committee agrees that it will not send more than thirty (30) notices of lay-off to members of the bargaining unit per year over the life of this agreement unless there is a substantial decline in student enrollment. The Committee agrees that it will not lay-off in excess of thirteen (13) members of the bargaining unit per year over the life of the agreement unless there is a substantial decline in student enrollment. However, in any school year (July 1 - June 30) wherein the Committee affirmatively votes to close a school or schools/program(s)/placement(s), the above layoff limitations shall be waived for that school year in which the school closure is to take effect. However, in such a year, the Administration will meet and confer with the Union prior to said notices being issued.