ARTICLE VII: RECALL RIGHTS

Smithfield School District

On or before May 15th, the committee shall inform the president of the Association in writing or electronically of those members of the bargaining unit, excluding per diem substitutes, whom it is likely to notify of non-renewal, dismissal or suspension for other than job-related performance.

A. Non-renewals, dismissals or suspensions for other than job-related performance shall be based on length of service; that is, the member with the shortest length of service shall be non-renewed first.

B. The committee shall provide written notice of non-renewal, dismissal or suspension to the individual teacher(s) affected and to the association president. Such notice shall be in accordance with state law.

C. All teachers, who are non-renewed, dismissed, or suspended by the committee for other than job-related performance shall be returned upon recall to their former position as long as it exists. In the event that the position no longer exists, the
non-renewed, dismissed or suspended teacher(s) shall be recalled by the committee based on seniority, available vacancies, certification and relevant experience.

D. The superintendent shall notify a teacher of recall to a position at the last known mailing address and through district email.

That teacher shall notify the superintendent in writing or electronically of his/her intentions to accept or reject the position within a period of seven (7) business days.

Failure to notify the superintendent within the specified time period shall be deemed a rejection of the position and result in the loss of recall rights. Should this occur, the
teacher with the next longest length of service, appropriate certification and relevant experience for the vacancy, shall be notified by the superintendent.

E. For teachers with equal lengths of service (excluding service as a per diem substitute teacher), the date of appointment by the Superintendent shall be the factor used for determining seniority. Where the date of appointment is the same, the involved teachers shall draw lots in the presence of the superintendent and the Association president.

F. Teachers must work a full year (135 days) to be eligible for recall rights. Teachers laid off shall have recall rights for a period of time not to exceed two (2) full school years.