BEFORE THE GOVERNING BOARD OF THE
SOUTH PASADENA UNIFIED SCHOOL DISTRICT
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RESOLUTION NO. 2008-2009-28
REDUCTION OR DISCONTINUANCE OF PARTICULAR KINDS OF SERVICE
WHEREAS, pursuant to Education Code Section 44955, it is the opinion of this Board that it has become necessary to reduce or discontinue particular kinds of services; and
WHEREAS, this Board does not desire to reduce the services of permanent certificated employees based upon a reduction of average daily attendance during the past two years; and
WHEREAS, it is the opinion of this Board that the following particular kinds of service be reduced or discontinued for the 2009-2010 school year:
Reduce K-5 Classroom Teaching Services
21.00
F.T.E.
Reduce Elementary Reading Intervention Specialist
.60
F.T.E.
Reduce Elementary School Art Teaching Services
.80
F.T.E.
Reduce Elementary School Drama Teaching Services
.80
F.T.E.
Reduce Elementary School Music Teaching Services
.80
F.T.E.
Reduce Elementary School Band Teaching Services
.40
F.T.E.
Reduce Middle School Music Teaching Services
.20
F.T.E.
Reduce High School Music Teaching Services
.40
F.T.E.
Reduce Middle School English Teaching Services
.40
F.T.E.
Reduce High School English Teaching Services
3.00
F.T.E.
Reduce High School Math Teaching Services
1.00
F.T.E.
Reduce High School Biology/Science Issues Teaching Services
.40
F.T.E.
Reduce Middle School Social Studies Teaching Services
.20
F.T.E.
Reduce High School Spanish Teaching Services
.40
F.T.E.
Reduce Middle School Life Skills Teaching Services
.40
F.T.E.
Reduce AVID Teaching Services
1.00
F.T.E.
Reduce Elementary Counseling Services
1.20
F.T.E.
Reduce Secondary Counseling Services
3.20
F.T.E.
Discontinue Teacher Specialist
1.00
F.T.E.
Reduce ROP Dance Teaching Services
.60
F.T.E.
Reduce ROP Medical Careers Teaching Services
.20
F.T.E.
Reduce ROP Computer Applications Teaching Services
.20
F.T.E.
Reduce ROP Financial Occupations Teaching Services
.20
F.T.E.
Reduce ROP Sports Medicine Teaching Services
.20
F.T.E.
Reduce ROP Photography Teaching Services
.40
F.T.E.
TOTAL CERTIFICATED POSITIONS:
38.80
F.T.E.
WHEREAS, it is the opinion of this Board that due to the foregoing reduction or elimination of particular kinds of services, it is necessary to decrease a corresponding number of certificated employees for the 2009-2010 school year pursuant to Education Code section 44955;
WHEREAS, in determining the amount of service to be reduced, the Governing Board has considered and included all assured attrition known at the time of this resolution, that is, all deaths, resignations, retirements, and nonreelection of probationary employees, in the services identified above, to be effective no later than the end of the current school year and unrelated to the foregoing reductions, and other permanent vacancies in the services identified above;
WHEREAS, the Board of Education is required by the No Child Left Behind Act of 2001 (“NCLB”) to take steps to ensure that all elementary and middle teachers who are assigned to teach core academic subjects meet NCLB requirements as “highly qualified” no later than the beginning of the 2006-07 school year;
WHEREAS, this Board has determined that due to a significant population of English language learners with specialized educational needs, a specific and compelling need exists to employ and retain certificated employees who have authorization to teach English Learner (“EL”) students, as determined by the California Commission on Teacher Credentialing, and the special training and experience that comes therewith;
WHEREAS, compliance with the provisions of the No Child Left Behind Act and the Williams Settlement require that EL students be served by certificated employees with appropriate EL authorizations. Thus, each failure to staff a classroom containing one or more EL students with a certificated employee possessing an appropriate EL authorization is a “misassignment” subject to sanction by the County Superintendent of Schools;
WHEREAS, in order for an employee serving in a position identified for reduction or discontinuance to be eligible for reassignment to a position held by an employee with less seniority, the senior employee must be both credentialed and competent to render the service currently being performed by the junior employee pursuant to Education Code Section 44955. “Competency” shall be determined based on current possession of a clear or preliminary credential in the subject matter or grade level and an appropriate EL authorization.
WHEREAS, this Board is authorized by Education Code Section 44955 to deviate from terminating certificated employees in order of seniority where the district demonstrates a specific need for personnel to teach a specific course or course of study;
WHEREAS, the Education Code requires that various actions be taken and notices be forwarded no later than March 15th of each school year regarding layoffs of certificated personnel resulting from reductions of particular kinds of service;
NOW, THEREFORE, BE IT RESOLVED, by the Governing Board of the South Pasadena Unified School District, that for the 2009-2010 school year, the particular kinds of services to be provided by said District shall be and hereby are reduced to the extent hereinabove set forth.
BE IT FURTHER RESOLVED that due to the reduction or discontinuance of particular kinds of services set forth above, the legal number of employees of the District, pursuant to Education Code Section 44955, not be reemployed for the 2009-2010 school year.
BE IT FURTHER RESOLVED that the Superintendent or designee is directed to give Notice of Recommendation Not to Reemploy, in accordance with the provisions of Section 44949 and 44955 of the Education Code, to the number of certificated employees allowed pursuant to Education Code Section 44955.
BE IT FURTHER RESOLVED that the Superintendent or designee is delegated the authority to take all actions necessary and proper to the accomplishment of the purposes of this Resolution.
The foregoing Resolution was adopted by the Governing Board of the South Pasadena Unified School District on the 3rd day of March, 2009 by the following vote:
AYES:_____
NOES:_____
ABSENT:_____
__________________________________
President, Governing Board of the
South Pasadena Unified School District
I, ______________________, Clerk of the Governing Board of the South Pasadena Unified School District, do certify that the foregoing Resolution was regularly introduced, passed and adopted by the Governing Board at its special meeting held on March 3, 2009.
__________________________________
Clerk, Governing Board of the
South Pasadena Unified School District
