"...The district estimates that it will start school today with 3,000 fewer 
students than last year because more parents are opting out, fewer immigrants 
are getting in, and the birthrate is only now rebounding from a dip in the late 
1990s." - It's Peebles first day of school, and there are already tests, by 
Steve Brandt (Star-Tribune). 
http://www.startribune.com/stories/1592/4958403.html

That's good news for the district, right? The 2004-2005 budget document 
predicted 4,600 fewer students compared to last years projection, "resulting in a 
reduction of 210.8 teacher positions." There might also be more money to fund 
programs like all day kindergarten, after school programs, etc.

A reduction of up to 140 classroom teacher positions in the regular education 
program would result from an enrollment decline of 3,000 in grades K-3, which 
has the lowest student / teacher ratio (22 to 1).

It just so happens that 140 tenured elementary teachers were involuntarily 
reassigned to other areas, resulting in the layoff of 140 teachers in high need 
areas (just about everywhere but elementary grades) in order to avoid the 
layoff of 140 elementary teachers who don't have licenses to teach in other areas. 
 All of the elementary teachers who got laid off can be rehired, including at 
least 48 probationary teachers.  

The 2003-2004 budget funded fewer than 1,700 teacher positions in Special 
Education programs and regular K-12 instruction. The 2004-2005 budget passed on 
June 29, 2004 cut 213.8 positions for regular K-12 instruction, and there were 
no job cuts in special Ed. Since last April the district laid off 608 
teachers, including 455 probationary teachers, and 155 tenured teachers. Of the 
tenured teachers laid off, 92 were teaching elementary grades, according to a press 
release from the district dated August 10, 2004. 

The realignment process was designed to shift the burden of laying off new 
teachers to other areas. The realignment plan was cooked up over the weekend 
prior to the June 29 board meeting. Before then, board member Sharon Henry Blythe 
had publicly raised concerns about the new teachers who would get laid off 
(and not get rehired), including many teachers of color.

The MN teacher Tenure Act does not require the district to reassign any 
teachers in order to preserve the employment of probationary teachers, and the 
district may not reassign tenured teachers without their consent, unless their 
jobs are being "excessed" or to preserve the employment of another tenured 
teacher (The Strand decision requires the district to make a reasonable effort to 
preserve the employment of tenured teachers).    

Ross Taylor and other district officials have told the "realigned" teachers 
that they can get back into elementary teaching positions if they drop their 
other licenses, that they can bump low seniority teachers. If I were a realigned 
teacher, I would ask the district put that in the form of a written policy 
statement. It may be necessary to sue the district, alleging a violation of 
tenure rights, in order to force the district to make that accommodation.  The 
first step would be to seek administrative relief (alleging a violation of 
contractual rights and seeking a specific remedy, with or without assistance from 
the union). And that step should be taken no later than the time period normally 
allowed for filing a grievance (check the contract, I think it is 15 days 
after you get notice of a personnel action.) It may be possible to reset the 
clock by alleging that the district withheld critical information that 
contradicted claims that the reassignments were not contestable until the August 31, 
2004 
board meeting. 

I encourage teachers to assert their rights under their contract and the 
teacher tenure act because that is the only way that the district can be force to 
comply with the teacher tenure act, and because I belief the district would be 
better managed if the district management had to play by the rules set down 
in the teacher tenure act. (e.g., would have lower teacher turnover).

The quality of instruction delivered by a teacher generally improves over 
time, and the learning curve is typically very steep during the first five years. 
For that reason, probationary teachers should be distributed evenly through 
the district. The district has never proposed modifications to the teachers 
contract to make that happen, and the union leadership has never advocated it. 
However, some teachers and education advocates (e.g., NAACP education advocacy 
committee members) have urged the school board to do that. 
 
See "I accuse the district of Crimes and cover-ups" at my web site

-Doug Mann, King Field
Mann for School Board
www.educationright.com
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