Update August 4, 2011—Rescission List
Please note that there are two sets of employee IDs in the list above. Your ID may be located on either set. For previous lists of recalled educators, scroll down the page.
Layoff Impact and Effects Tentative Agreement
The SDEA and SDUSD bargaining teams reached an agreement today to continue laid off members’ health and welfare benefits through September 30, 2011 — a huge victory in the face of immense District pressure to open our contract and make deep concessions before they would agree to the benefits extension. Today’s settlement also included agreement to pay any laid off teachers who work the 14 days of year-round school in July their 2011-2012 pro rata (rather than visiting teacher) pay. The agreement finalized the other protections for laid off unit members conceptually agreed to at previous bargaining sessions (including transfer rights, packing and moving, leave/job share deadline extensions, and other logistical elements).
- Click here to download the complete Tentative Agreement.
UNEMPLOYMENT BENEFITS INFORMATION FOR LAID OFF
SDEA MEMBERS
Am I eligible for Unemployment Insurance (“UI”)?
Laid off educators are eligible for UI, even if you accept an assignment as a visiting teacher. Educators who are not in laid off status cannot collect UI.
What is the application process?
The California Employment Development Department (“EDD”) is the authority that administers UI. Go to EDD’s website www.edd.ca.gov in order to initiate the application process.
How long do benefits last?
Anyone applying for UI before December 25, 2011 will be eligible for benefits up to a maximum of 20 weeks.
What if I’m denied benefits?
If the EDD denies a claim for UI, then you may appeal the denial. The appeal letter should be submitted to the address provided by the EDD within 20 calendar days from the date of the denial.
The Legal Aid Society has a guide to UI appeals available on their website at http://www.las-elc.org.
*** Please note that this flyer does not constitute legal advice on which you should rely. Unemployment benefits are not administered by your school district or CTA chapter and CTA does not provide representation in Unemployment proceedings. Any questions about Unemployment benefits should be directed to EDD (tel. 800-300-5616). ***
“Final Layoff Notice Q & A”
Q. I received a Final Notice, what does that mean?
A. The Education Code requires the District to furnish this notice to all permanent unit members whose layoff notice is yet to be rescinded.
Q. Does receiving a Final Notice mean that I should plan on not having my job next school year?
A. While the term “Final Notice” sounds ominous, it should be made clear that the issuance of a final notice does not preclude the District from reappointing noticed educators as the year progresses. The State of California’s revised budget (released on May 16, 2011) allocates an additional, and hitherto unexpected, $3.3 billion to K-14 education. The District can use these monies to rescind layoff notices immediately.
Q. I am a probationary educator who received a layoff notice but I have not received this Final Notice that some of my colleagues received, why is that?
A. The Education Code does not require the District to furnish this Final Notice to probationary unit members.
Q. I am a permanent educator who received a layoff notice back in March, but I have not received this Final Notice, why is that?
A. The Education Code is clear in its requirement that this Final Notice must be sent to all permanent unit members that the District has previously served with a layoff notice.
Q. What should I do if I fit the description of being a permanent unit member served with a layoff notice but I have not received a Final Notice?
A. If you believe you did not receive this final notice please ensure that your address is up to date on PeopleSoft and that no one else at your address has received the notice on your behalf. We often have members who believe they did not receive mail from the District, when in fact the mail in question was sent to the last known address. Last known is defined as the address that the District has on the PeopleSoft system for you.
If you still believe you did not receive a notice, and your address is up to date, then we would like to hear from you. Please send an email titled “Did not receive Final Notice” to sayid_a@sdea.net . Please include your name, Employee ID number and a phone number you can be reached at in the email.
Update May 11, 2011—Permanent RIF Hearing Decision
On April 18 and 19, an Administrative Law Judge (ALJ) heard arguments from SDEA and the District as to whether the District’s layoff notification was legally acceptable. The hearing only dealt with the notifications that went to permanent unit members; there is a separate grievance process to adjudicate the layoffs of probationary unit members. The ALJ upheld the notices of roughly 390 permanent unit members. However, the ALJ also ruled the District should refrain from issuing final notices to 50 noticed permanent educators based on the noticing errors demonstrated by SDEA—a very high percentage! The ruling to uphold the majority of the notices was expected, as ALJs generally uphold Districts’ layoffs—even in cases where some districts may be sitting on double-digit reserves. Their decisions are generally procedural and don’t weigh in on political decisions about budget priorities or excessive reserves.
Last night, the SDUSD Board of Education, voted to accept the ALJ’s decision. As a result, the District will send out what is referred to as “Final Notice” to permanent unit members whose notices have not yet been rescinded. You should be on the look out for this notice if you are a permanent unit member whose notice has not been rescinded. While the term “Final Notice” sounds ominous, it should be made clear that the issuance of a final notice does not preclude the District from recalling noticed educators as the year progresses. The District continues to hold the reins on the future of all of our noticed brothers and sisters, and it is well within the Board’s authority to recall those served with a layoff notice.
Finally, since its initial vote for layoffs back on March 10, the District has rescinded the notices of 581 unit members. Individuals whose notices were rescinded were primarily the result of mistakes on the part of the District regarding credentials, seniority dates, etc. Also, the District has been able to rescind several hundred more notices so far because they were able to partially fix their initial overzealous notification. Click below for a link to a document that lists all of the 581 educators whose notices have been rescinded to date.
Update May 11, 2011—Rescission List
Update April 24, 2011—Rescission List
Click on link! - Rescissions as of 4-29-11
Update April 13, 2011—Rescission List
Click below to download the most recent layoff rescission list provided to SDEA by the District. As soon as we have a format more easily searched, we will upload it.
Your Union Stands with You.
As the SDUSD School Board moves forward with layoff notices, SDEA staff, union legal counsel, and leadership are working hard to protect all of our members. We recognize how stressful this situation is and we want to assure you that we will do our best to protect your job.
What Can You Do Right Now?
If you have received a layoff notice:
Download the appropriate informational packet and complete and return all forms immediately! Please note: Permanent unit members have a very short timeline to return the required forms to the District office.
- Probationary Member Resources
- Permanent Member Resources
- Permanent and probationary members — complete a RIF data form, available for download here. Fax the data form to the SDEA office attention Maureen Purvis at 619-282-7659, or hand-deliver the form the SDEA office at 10393 San Diego Mission Road, Suite 100.
- Download our layoff FAQ here for additional information.
- Do not take any actions regarding your job status or personnel information without consulting SDEA. Mistakes in your seniority or other personnel information may be grounds to have a layoff notice overturned—so do not help the District to take away your job!
- Schedule a one-on-one appointment. If after attending one of the above layoff informational meetings you believe there has been an error or discrepancy in the District’s decision to issue your layoff notice, call the SDEA office at 619-283-4411 to make a one-on-one appointment with an SDEA staff member. Gather all documents you have regarding your employment, particularly:
- Employment contract(s) that you signed with the District.
- Documentation showing your first date of paid service.
- Information relating to any breaks in service with the District.
- Information regarding work in any subject/program other than your current assignment.
- To view SDUSD’s layoff resolution click here.
- Download the most current list of noticed educators. This list is current as of March 17, 2011. It is organized in the following order:
1. Employee ID
2. School/Program (organized A-Z)
3. Job Title
4. Contract Status
5. Seniority (organized oldest-newest)
6. Layoff Group (also known as Particular Kind of Service)
You can organize this list, in whatever fashion that you may like, by using the Excel filter options.
Thank you for your dedication to the children of San Diego and to SDEA. We stand with you in opposing the unnecessary decisions of our School Board which are hurting our students and our sisters and brothers across SDUSD. Please speak directly with your site Association Representative (AR) or call our office if you have any questions or concerns. We will also continue to disseminate information to members through you site AR, your personal and/or District email, and on the SDEA website.