The more than 100 teachers in the Morgan Hill School District
who received pink slips by March 15 are not taking the
budget-slashing action by the district lying down.
The more than 100 teachers in the Morgan Hill School District who received pink slips by March 15 are not taking the budget-slashing action by the district lying down.
“One hundred percent are appealing,” local California Federation of Teachers President Mary Alice Callahan said Monday. “Why would you not avail yourself of the opportunity to make sure this is done right? It’s very important to use your union rights and benefits to make sure the actions the district is taking are correct.”
The district had to notify teachers by March 15 if they were not going to be rehired, according to state mandate. The district may rescind layoff notices after that date if the position does not need to be cut.
If 111.5 positions are cut, one-fourth of all the positions in the district, it would represent a savings of $3,850,000.
Due to declining enrollment and state education budget shortfalls, the district must cut an estimated $3.4 million from the upcoming fiscal year budget.
The district budget must be approved by June 30. Currently, the district is reviewing recommendations by the performance-based budget committee.
Callahan will be present during the hearings, which were originally scheduled for April 30; but due to the number of notices, two additional days, April 28 and 29, have been set aside.
“What will happen at the hearings is that the lawyers, the district’s and ours, will argue before an administrative law judge which teachers have cases to argue,” Callahan said. “There may be cases where there is nothing to present.”
The lawyers will look closely at seniority.
“The classic case you would see a union lawyer arguing is if the district had put a junior person ahead of a senior,” said Callahan. “For example, if the district says we need another math teacher to be noticed, and they notice someone less junior, that’s the kind of error that would get me my job back.”
Callahan said she doesn’t anticipate many mistakes of this type.
“I do believe the district has worked diligently to get it right,” she said. “(Assistant Superintendent) Denise Tate and I said through all of it, we could be making mistakes just because we are not lawyers. I don’t believe there are any intentional mistakes.”
The judge must respond by May 7, Callahan said.
“At that point, the board has the right to accept, reject or modify the decision, but they must do so by May 15,” she said. “Individuals who are affected by rejection or modification can appeal, although that is fairly unusual.”
Callahan said she could not remember exactly when the district last issued layoff notices, but it was some years ago.
“When Dr. Crow was here (as superintendent), we went through approximately $2 million in budget cuts, and we noticed one music teacher,” she said.
Callahan said administrative cuts, which total seven positions for approximately $700,000, do not fall under the same set of rules as teachers.
“Administrators do not have the same rights,” she said. “They are contract employees, like vice presidents in corporations. If they worked in the district in some degree (prior to becoming an administrator), they have rights in terms of bumping back into the district.”
