Seniority, Recall & Human Resources
Question & Answer Document
formally abolishes a teaching position?
BOE has the right to abolish, reorganize or consolidate positions. The law indicates that if a position is
abolished, the teacher with the least seniority within the tenure area of
that position in that school district must be the person dismissed.
exactly is seniority?
rights are those rights to job security and priority within a school
district based on length of actual paid service in a specific
counts towards seniority in a tenure area?
courts and commissioner of education have defined seniority in terms of
length of actual paid service within a
tenure area in a school district. Therefore:
Paid Family Medical Leave allows the person to
continue to accrue seniority time in their tenure area;
Unpaid Family Medical Leave does not accrue seniority
time for the person on leave; &
Leave of Absence does not accrue seniority time for the
person on leave.
part time teachers receive seniority credit for part – time service?
part time service does not qualify a teacher for any seniority rights
(except in the case of part – time kindergarten teachers). However, the law indicates that part
time service rendered after a full time probationary appointment is
included in the calculation of seniority if the district requests the change in the position but not if
the reduction to part time status is at the request of the teacher.
- I am
currently teaching .6 PE and .4 Health. Which tenure area do I accrue
this case, you would receive a full year’s credit in both tenure
areas. If you are teaching .8 PE
and .2 Health, you receive a full year’s seniority credit in PE and not
- If a
teacher takes a LOA from one tenure area to work in a different tenure
area - do they accrue seniority in both areas?
- No. Their seniority is frozen in their 1st
do the numbers on West Babylon’s seniority
chart actually stand for?
stand for the number of years and months served at the end of the current
1st Example: 045012 means 4 years, 5 months,
at the end of the 2012 school year.
2nd Example: 090011 means 9 years, 0 months,
at the end of the 2011 school year
this coding system changed since the previous 2 Assistant Superintendents
for Human Resources?
This is the same coding system used previously.
happens if teachers have exactly the same seniority i.e. 090012 listed?
if it indicates the same seniority (i.e. 090012), the order of the list
is their actual seniority order.
teachers have equal seniority and the same probationary appointment date, the most senior teacher is the
one whose BOE probationary appointment
occurred first. But if they were
appointed in the same resolution, the law allows a school district to use
any reasonable method to establish seniority.
March 24, 2009, there was a Board of Education Resolution that indicate
Consistent with Education Law 2510, whenever the Board
of Education abolishes a position, the services of the certificated employee
having the least seniority in the District, within the tenure area of the
certificated position abolished shall be discontinued. In the event of equal seniority, the
following tie breakers shall be utilized:
meeting date at which the employee was appointed to the probationary position.
date of employment by the District for consecutive employment as either a teacher,
teaching assistant or regular substitute.
Diem substitute is not considered in this calculation.
of additional certificates
are the teachers who were excessed last year still on the seniority list?
Staff members who were previously excessed remain “frozen” on the
seniority list of their tenure area. They do not lose their seniority
time previously accrued because they were excessed.
district needs to keep track of the seniority of these teachers because upon
return, they will continue to accrue seniority time from that “frozen”
are the teachers who are currently working in a different tenure area
still listed in their old tenure area?
- If a
teacher is currently working in a second tenure area and their position
in this 2nd tenure area gets abolished, they may have bumping
rights into their “old” tenure area (
This applies if they have more seniority than others in their previous
- Can I
be excessed if I have tenure?
- Yes. Seniority rights are different from
tenure rights because they apply to both tenured and probationary
teachers lose accrued seniority when they “voluntarily” sever
service with the district?
Teachers lose their accrued seniority when they voluntarily sever service
within the district that employs them (i.e. through resignation or
should I do if I feel my seniority is not accurate?
the same process introduced last year. Complete the Seniority Dispute
Form ASAP. Your building union
representatives have copies of the Dispute Form. Indicate what you feel
your seniority should be and why the seniority listed is inaccurate. The information will be reviewed by the
WBTA president and HR. A written
response will be provided
is a PEL list?
stands for preferred eligibility list. This list is established by tenure
area once positions are abolished.
A teacher who is excessed because a teaching position has been
abolished must be placed on a PEL of candidates for appointment to a
similar position for seven years after the position is abolished.
counts towards recall time on the PEL?
purposes of determining recall rights of teachers on a PEL, the length of service in the system
is used, not the length of service within a particular tenure
area. This means that if a teacher
worked in 2 different tenure areas, time in both gets calculated in determining their recall order on the
PEL. Per diem substitute time does
rights do I have while under the preferred eligible list (PEL)?
teacher who is excessed because a teaching position has been abolished
must be placed on a PEL of candidates for appointment to a similar
position for seven years after the position is abolished.
rights of reappointment do excessed teachers have?
law indicates, teachers/ TAs are only entitled to reappointment within the same tenure area in
which they are served, even if they hold certification for positions in
other tenure areas.
Teaching Assistants who are excessed have the same PEL rights as Teachers?
excessed how will I know if there is a position available?
will be notified by the Human Resources Office. You will be asked to respond in writing
to your acceptance or declination of the position.
- If I
am on the Special Education PEL, what positions will I be entitled to?
§2510 of the law, you will be offered full time position, part time
positions and regular substitute positions of at least a five – month
duration that are within the same
tenure in which service was severed. In this specific example, the
district would be obligated to contact you for special education positions that are full time, part time or
regular substitute positions longer than 5 months.
- Do I
lose preferred eligibility if I decline a position within the district or
accept a position in another district?
did I receive a letter last week?
letters sent last week were sent to notify individuals that there is a
possibility their position may be abolished. Last year, we were told notifications
were given too late in the year and people had already booked trips,
purchased a new home, or did not seek other employment early in the year. Based on this information, we decided
to inform people of the possibility
of their position being abolished early, so that they can make informed
decisions about their future.
didn’t I receive a “heads up”
about the letter I received last week?
letter sent was serving as a “heads
up” letter. The process that
was set in place was that a general statement would be provided by union
representative at the building level.
Principals that did not speak individually to teachers/ TAs
affected should not be judged for not having formal meetings with
teachers; as this was not the process set forth to begin with. Again, the
letter sent is the “heads up”
that there is a possibility the position may be abolished.
- If my
position is going to be abolished how will I be notified?
Cacciola and I will be meeting with you directly.
you’d like to decline attending this meeting, you can certainly do so.
- A 2nd
letter will be sent to you indicating your position has formally been
will I know for sure whether or not my position is being abolished for
soon as formal BOE action is taken regarding the budget and program
changes, we will schedule meetings with you.
- If I
am excessed and currently hold a professional certificate, does the State
Education Department still require I attend/ log 175 hours of professional
and No. You are required to attend
and log professional development hours.
However, SED indicates that while not employed you are responsible
for 130 hours instead of 175 hours.
should I contact if I have additional questions?
- You can always contact Human Resources at 631-376-7010.