RI General Law, Title 16-13, Teachers’ Tenure, states that “Teaching service shall be on the basis of an annual contract, except as hereinafter provided, and the contract shall be deemed to be continuous unless the governing body of the schools shall notify the teacher in writing on or before March 1 that the contract for the ensuing year will not be renewed; provided, however, that a teacher, upon request, shall be furnished a statement of cause for dismissal or nonrenewal of his or her contract by the school committee; provided further, that whenever any contract is not renewed or the teacher is dismissed, the teacher shall be entitled to a hearing an appeal pursuant to the procedure set forth in 16-13.4.”

In accordance with the above RI General Law, any Providence teacher whose employment contract may not be renewed for the following school year is notified during the month of February.  Below are some frequently asked questions pertaining to your rights and benefits as a laid-off teacher.

Why did I receive two layoff notices?

The first notice that is handed to you at your school/work site is called the pre-deprivation letter.  This letter informs you that a resolution will be presented to the Providence School Board to vote to terminate your teaching contract as of the last day of the current school year.  The first notice also advises you of the date, time, and location of an informational meeting held by the Human Resources Administrator to answer any questions you may have regarding your layoff.  Representatives from the Union office are also present.  In addition, the notice provides you an opportunity to address the School Board if you so desire.

The second notice is mailed to your residence by certified mail.  This notice advises you of the date that the School Board voted to terminate your teaching contract and your rights for recall.

Both notices indicate the reason(s) for your layoff.

Can you explain what the different reasons are and how they actually affect me?

There are a number of reasons for layoff.  Each layoff notice provides an explanation as to why the School Board is taking action to terminate a teacher’s contract.    However, each teacher’s layoff is unique.  Your layoff notice may have one reason listed or a combination of reasons for layoff.  Below are the various types of reasons for layoff:

         Emergency Certificate:    Emergency certificates expire in August of the school year which it was issued.   Consequently, your teaching contract cannot be renewed unless (1) you have satisfied the course requirements for a provisional certificate, or (2) there is a need for a teacher in the area of certification and your emergency certificate is renewed.   Teachers who are successful in obtaining a provisional certificate should provide a copy to the Office of Human Resources as soon as possible.

         Least Senior/More Senior:    In accordance with RI General Law, Title 16-13-6, suspension of teachers must be in the inverse order of their employment.  In other words, a less senior teacher cannot be employed if a more senior teacher in the same certification area is displaced from his/her position.

         Article 12:    Any teacher appointed to a position subsequent to the annual Job Fair is subject to Article 12 of the Collective Bargaining Agreement.  Each July an annual Job Fair is held where regularly employed teachers transfer by bidding on positions according to their seniority (date of hire).  Given that your position was filled after the Job Fair, it may not have been available to more senior teachers at the Job Fair.  Consequently, your position must be offered at the subsequent Job Fair. If there is a position available at the Job Fair for which you are certified, and the sole reason for your layoff  is Article 12, your layoff notice will be rescinded and you will be allowed to attend the Job Fair to select a permanent position.   

         Temporary Provisional Certificate:    Temporary Provisional Certificates are issued to individuals teaching in areas such as vocational technology, computers, and nursing who have sufficient life experience but who do not posses a Bachelors Degree.  Temporary Provisional Certificates are valid for one year and may be extended provided that said teacher complete six classroom credits.  As a teacher whose certificate will expire prior to the start of the next academic year, your teaching contract cannot be renewed unless you renew your temporary provisional certificate.   Once you obtain your renewed certificate from the Office of Certification, you should provide a copy of your certificate to the Office of Human Resources as soon as possible.  If the sole reason for your layoff is Temporary Provisional Certificate, your layoff notice will then be rescinded.

         Dual Certification:    As a teacher whose position requires dual certification (i.e. health/physical education) and one of which is an emergency certificate which will expire prior to the next academic year, your teaching contract cannot be renewed unless (1) you have satisfied the course requirements for a provisional certificate, or (2) there is a need for a teacher in the area of certification and your emergency certificate is renewed.

         More Senior Teacher Returning From a Leave Without Pay:    In accordance with Article 5-6.1 of the Collective Bargaining Agreement, a teacher on a leave of absence without pay shall be reinstated at the end of his/her leave.  However, said teacher is not guaranteed the specific assignment held prior to the leave.  Consequently, as a teacher with less seniority than the returning teacher, your teaching contract cannot be renewed in accordance with Article 5-6.1 and RI General Law, Title 16-13-6.

         Program Reorganization:    Occasionally, there is a need for fewer teachers in a certification area due to a change in program (e.g. conversion of an elementary class into a bi-lingual class) or a decline in number of students selecting a certain elective.

         LTSP/LTS:    Long Term Substitutes in-Pool and Long Term Substitutes hired after August 31, 1995 have annual contracts without recall rights.  The Providence School Board will re-employ Long Term Substitutes in-Pool and Long Terms Substitutes for the following academic year based on its need for classroom coverage necessitated by teacher absences and vacancies. 

When will I be rehired?

The answer to this question varies from individual to individual.  As the school year progresses, the Office of Human Resources reassesses its staffing needs for the following academic year as a result of teacher resignations, retirements, leaves of absences, etc.  Layoff rescissions/recalls begin as early as the first School Board meeting in March and continue throughout the school year, during summer recess, and after the start of the new school year.

Substitute teachers are rescinded from layoff in August. Teachers who are laid off solely for certification, are rescinded from layoff as soon as they provide the Office of Human Resources with their renewed certificates.  Teachers who are laid off for other reasons (i.e. least senior, Article 12, etc.) are rescinded/recalled from layoff as determined by the district’s staffing needs.

What is the difference between having my layoff letter rescinded vs. being recalled from layoff?

If your layoff notice is rescinded prior to the last day of the academic year, you will return the following school year to the same position – unless you choose to participate in the Job Fair or you are affected by consolidation.

Teachers who remains on layoff (for reasons other than certification) will be invited to attend a Recall Layoff meeting in July if there are sufficient positions in their specific area of certification. At this meeting teachers will select a new position based on seniority in their area of certification (SWACS).

What happens if there are no vacancies in my area of certification?

If there are no positions available in the area of certification from which you were laid off, you will have an opportunity to select a position using another certificate, if applicable.

What happens if I my layoff letter is not rescinded and I am not recalled from layoff?

In accordance with Rhode Island General Law, Title 16-13-6, your name will be placed on a Recall Seniority List for each certificate that you hold.  As positions become available in your certification area(s), you  will be reinstated in the inverse order of your layoff.   No new appointments can be made while there are available teachers on the Recall Seniority List unless the laid off teachers are not certified for said vacancy.  This provision only applies to regularly employed teachers.

In addition, teachers on a Recall Seniority List are given preference to serve as Long Term Substitutes  and Long Term Substitutes in-Pool prior to any teacher not on a Recall  Seniority List. 

Can I collect unemployment compensation benefits during the summer?

Any teacher (regularly-employed, long term substitute, and long term substitute in-pool) who has not been rescinded/recalled from layoff should apply for unemployment benefits.  Detailed information regarding teacher’s rights regarding collecting unemployment will be mailed to teachers who have received layoff notices. 

Occasionally, teachers are initially denied benefits.    Teachers should follow the appeal process instructions on their denial letters.  Teachers who wish to have the Union’s legal counsel represent them regarding their denial of unemployment benefits should complete and return the authorization form contained in the Union’s informational mailing.

What happens to my medical coverage?

Your medical coverage will remain active through September 30.  Teachers who are rescinded/recalled from layoff prior to September 30 will experience no lapse in coverage.  Teachers who remain on layoff after September 30 will have an opportunity to purchase his/her medical coverage (at the group rate) until which time he/she is recalled from layoff.

At what point in my tenure will I be exempt from layoff?

No teacher is exempt from layoff at any point in time in his/her tenure.  For example, in 1983 the Providence School Board eliminated the Vocational Training/Protective Services program from its course offerings.  Consequently, any teacher utilizing his/her Protective Services Certificate – whether he/she was a first year teacher or a veteran of twenty years – received a layoff notice if he/she (1) did not posses another certificate for which a position was available, and (2) was the least senior teacher in his/her other certificate area(s).