Clarifications on the MOU will be posted here.
Contract Types
* Continuing Contract. A continuing contract is issued following completion of three years provisional status as per RCW 28A.405.220. This applies to all employees new to Washington state as well as new to the profession. Those with two years of experience in another district in Washington state have only one year of provisional status required before being issued a continuing contract.
* Leave Replacement: This contract is issued to preserve placement for someone on a leave of absence. These contracts are issued as One Year Only obligations. Leave replacement contracts are governed by RCW 28A.405.900 that stipulate that provisional status in RCW 28A.405.220 does NOT apply to those employees hired to replace certificated employees who are on sabbatical, regular, or other leave by school districts.
Experience Credit
FTE above 1.0 is not counted for seniority purposes. As per Article 14.7A in the CPA, professional education experience in the State of Washington shall mean the State of Washington experience eligible for submission to OSPI on the annual personnel report (S-275).
How does Recall work?
- Any continuing contract employees receiving RIF notices will be placed first.
- Recall will be based on Washington state experience (seniority). Vacancies at sites that are classified as highly diverse high poverty will be offered to individuals from the recall list that came from that specific site starting with highest Washington State experience. Followed by displaced VEA leaders and admin* (up to five). All other vacancies will be filled based on Washington State experience who have applicable certification. *Admin who had previously held a continuing contract ini the VEA bargaining unit – no district admin, no new school admin from other districts, etc.)
- Recall will continue until the 15th school day of the 2025-26 school year.
- Recall will be to a position you are credentialed to teach (eg. you were in elementary but have a K-8 certificate, so they can offer you a middle school position)
- It is likely recall notices will come from the VPS District office with a limited time to respond.
- Do not ignore calls or emails. If you decline a recall offer you will go to the bottom of the list and for all practical purposes likely removed yourself from consideration. If you take a job in another district you would be taken off the recall list as you would be contracted in another district.
- Maternity will not impede your ability to be recalled. The district will temporarily fill your position with a long-term substitute.
- If offered a position that is a partial FTE on recall and you decline, do you go to the bottom of the recall list or retain your place in line for the next available full-time position? At April’s labor management meeting, VPS agreed that if someone is offered a partial FTE position and declined because they want a 1.0 FTE, they would maintain their position in the recall list and HR would go to the next person qualified for the role.
- If offered a position that is a partial FTE on recall and you accept, but a full time position opens up after that point, is that new full time position a possibility to accept? If someone accepts a partial FTE, they will NOT have the option to take a full time FTE that opens up later, it would go to the next qualified individual on the list.
- Who can I contact to find out where I am on the recall list? Position on the recall list will vary depending on seniority, qualifications and the positions which are being recalled. HR may be able to give general information but much of it depends on what is being recalled.
How does bumping work?
Continuing members whose positions are eliminated will be provided an opportunity to complete a preference survey and placed in an unassigned pool. HR will make every effort to assign these members to vacancies that honor their stated preference. There is no ‘bumping’ at the building level. Should there be a need to place a continuing contract holder in a position being held by a provisional employee in a protected position (eg. special ed), or to a continuing contract employee with lower seniority, there may be additional RIF notices issued.
How will unemployment work?
File for unemployment immediately after the last day of school. There is a one-week waiting period for payment of benefits so do not delay. There is “no reasonable assurance of continued employment”. Provide a copy of the non-renewal notice you received from the district. Questions about unemployment? This information from the Employment Security Department supports the VEA guidance to file immediately following the last day of school. The three tests 1) You received a Non-renewal (layoff) notice 2) Your contract is for 180 work days with the last day being the final day of school 3) There is NO reasonable assurance that you will continue working after the last day of school. Guidance on the actual application and process for receiving payments seminar is May 23rd from 6:00-7:30 pm also at Bates. (NOTE: 4/26 the district also confirmed with WorkSource that YES, members may file for unemployment immediately following the last day of school. They will correct this information in future seminars.)
If taking a job at a daycare that requires a P-3 license, does that count as taking a job at another district and remove the individual from recall consideration? If it is employment at a private employer daycare, it would not disqualify an individual as taking a different teaching contract with another district – if it is a district based preschool/daycare, that would have other implications. It would not remove someone from recall consideration.
I received a non-renewal letter (RIF notice) What do I need to do IMMEDIATELY?
Request a meeting with the Superintendent within TEN calendar days of notification (no later than March 25 ) to reconsider your non-renewal. Especially if you have compelling situations such as a possible clerical error with your contract status or personal reasons you want to share about why the district should retain you. Contact VEA for a template of this letter.
What happens to my health benefits?
You will have continued coverage through August 31, 2024. COBRA health benefits are an option (See Nicole Dornan in HR) or you may qualify for health care under the Affordable Care Act.
If you begin subbing during the recall period, how can they qualify for benefits? HR said that benefits are based on 2 years of 630+ hours as typical practice for qualifying substitutes for benefits – not sure how this may apply to someone who was not in a substitute role and would need to consider the impact. It is not likely that someone would qualify unless placed in a substitute position that would confer benefits. SEBB rules drive SEBB coverage – VPS would need to consider what/how it applies to individuals subbing post-RIF
My job application asks if we have ever NOT been renewed for any reason… how should we answer?
If there’s a comment box, select YES and explain it was a reduction in force. If there’s no comment box, answer No and volunteer that you were RIF’d to whichever person you interact with first at that district.
Has the District considered offering those close to retirement an early exit package to make vacancies for recall?
VEA approached the district several times about this but they were not interested.
How does a RIF impact retirement vesting?
As per WEA guidance, upon termination of employment, you become inactive in your retirement system: TRS, PERS or SERS. When this happens, you may apply for retirement benefits, apply for a refund of your contributions to the system, or you may elect to roll your contributions over to another qualified retirement plan like an IRA. In making a decision regarding your retirement contribution, carefully read the pamphlets on TRS, SERS or PERS published by: Washington State Department of Retirement Systems P.O. Box 48380 Olympia WA 98504-8380 Phone 800-547-6657; 711 TTY Line (for the hearing or speech disability) Web site: www.drs.wa.gov You should call the Washington State Department of Retirement Systems with questions about rights under the benefit systems. Members may also consult with WEA Endorsed Financial Planner Cassie Johnson 360-901-9063 or cassie.johnson@corebridgefinancial.com
Which schools in VPS are designated as high diversity/high poverty? Click Here
Why are some positions protected? Non-renewals are from basic education funded positions. Other positions like special education and dual language have different funding sources.
District email and google drive. You are advised to download wanted files from these devices as it is uncertain if the district will retain access for you.
What happens to my District email and google drive files if I’m not recalled?
A termination date will be entered that will cut off access unless the individual remains in the substitute pool, thus preserving “paid employee access.” For those wanting to substitute, wait until the end of May/June to contact Angie O’Leary in HR who will with with Rudi Bersani to get proper access to absence management.
How will the RIF affect my student loan forgiveness pathway?
- Teacher Loan Forgiveness requires 5 consecutive years at a school TCLI Directory. So, if that’s the program they want to qualify for, yes, the break in service that may occur if they don’t start at another school by the end of this contract year would cause the 5 years to start over.
- Public Service Loan Forgiveness requires 120 (10 years) qualified payments in order to be forgiven. These payments do not need to be consecutive, so the break in service that may occur due to layoff would NOT cause them to start over. They pickup where they left off upon returning to full time eligible employment
Can VEA negotiate a retirement incentive to “make room” for newer educators?
VEA suggested a retirement incentive on multiple occasions. The district is not interested in offering an incentive.
Teachers with ??? years of seniority should be nervous about losing their jobs?? Even though on continuing contracts? We do not have a threshold for how many years of experience make an educator “safe” from non-renewal. Staffing is being determined based on the needs of the district and the availability of employees with necessary qualifications/endorsements. VEA does not participate in the employment/staffing processes of VPS.
Budget Crisis Leave
The MOU contains provisions for a budget crisis leave. This is a full year unpaid leave with no restrictions for those receiving non-renewal notices. Members extending an existing leave for a third year or members wanting to take a leave without restrictions may find this offer attractive. Members will return to a similar position (not necessarily the same or at the same site).
How do I maintain my membership while unemployed? If you are not recalled to a position that confers membership (active contract, long-term or building bases sub), you can maintain membership through Reserve Membership. Dues are paid via credit card in a one-time payment and is not prorated. The membership year ends August 31. Do not sign up before September 1 as you are currently covered through August 31 in your current position. Sign up here after September 1.
REASSIGNMENTS AS PART OF THE RIF
If a reassigned teacher is offered another position in May and accepts it, can they still fight for their spot back if their position in their building becomes available again due to “found” FTE in June or later in the summer? VPS HR confirmed on 4/19 that should a vacancy be realized prior to the first pre-duty day (Aug 20), they will contact the reassigned individual to confirm return to original site prior to accessing the recall pool for that specific vacancy.
Members received reassignment notices along with a google form to fill out. All schools are listed. How should these members navigate their top choices when they do not know where positions are going to be open? VPS HR confirmed on 4/19 that when placing individuals in vacancies they are qualified to teach, the survey “ideals” are a factor in placement considerations should there be more than one vacancy that is applicable.
Are the TOSA’s that have lost their positions being placed in the same reassignment pool, and then placed based on seniority, or are they placed in a different way? All individuals with a continuing contract are being placed into the same reassignment pool. Reassignments should occur after all notices have been made and building staffing needs are known.
Will ALL job openings be posted? No. This is a practice which VEA has advocated for in the past and VPS has not agreed to implement. Potential recall possibilities for positions will be exhausted first. Openings posted might be in other areas such as CTE and ESA.
When will Administrators be instructed that they can officially share staffing allotments, i.e. when should building reps be going for meetings with them? VEA and VPS agreed that as soon as solid staffing information is available (so far what has been shared has been incomplete and very preliminary), it should be shared with building reps and SBLT co-chairs, recognizing we are on an accelerated timeline. Per contract, this conversation should happen no later than May 1st.
If the district KNOWS they are WAY overloading Secondary schools, based on class-size projections of 30+ in every class, they are intentionally violating the current contract language. Can we grieve their intentionally NOT following overload language across secondary schools? VEA believes this would be a grievable issue. Once we have received final staffing information following the May 1 deadline, we are poised to file a grievance.
By what date will VEA members know for sure that they will remain assigned to their building next year? This is for those members that are not RIF’d or in the reassignment pool at this time. Per Article 7.11: June 1 notification: An educator may reasonably assume that their assignment in a specific position will continue through the next school year without alteration if they have not been given written notification prior to June 1 that circumstances exist and there is a probability that their position may be abolished or substantially altered, or they may be transferred or reassigned to another position. While changes may be made after this point, these should be recorded as an involuntary transfer.
Are VEA members going to receive communication from the district laying out which jobs were eliminated at the district office level? VEA has asked for this information and VPS has not supplied it. We were told that the information will be released after all affected personnel are notified… stay tuned