MARCH 2013
Gist threatens districts over teacher seniority
By Common Ground staff
Education commissioner Deborah Gist has threatened to withhold state funding and impose other sanctions on school districts and school superintendents if they use teacher seniority as a major factor in staffing decisions as the March 1 statutory deadline for layoff notices approaches. The Rhode Island Federation of Teachers and Health Professionals has issued a statement denouncing Gist for seeking to “bully, intimidate, and harass” school officials and expressing “outrage” over what it described as her “erroneous, misguided interpretation” of a state education regulatory document, known as the Basic Education Plan. “The Commissioner has exceeded her authority by asserting that a vague provision of the BEP related to staffing decisions trumps local autonomy and teacher bargaining rights,” the state AFT chapter said in a Feb. 1 statement. “In forcing school districts to use this flawed interpretation, she removes a local school au-
thority’s ability to seek solutions that best fit the needs of the district.” Gist threatens severe sanctions over seniority issue This is not the first time Gist has challenged the role of seniority in staffing decisions. She also issued a letter on the matter in 2009—but that letter merely urged districts to not make seniority the sole determining factor in such decisions. In this, her latest missive, dated Jan. 31, Gist goes much further and is much stricter, said Frank Flynn, the president of the Rhode Island Federation of Teachers and Health Professionals. In the letter, Gist states that seniority may only be a secondary factor in decisions on staffing reductions or changes. “In every other profession people value experience and she minimizes and diminishes it,” Flynn said. “She wants you to keep a one-year teacher and let go of a 30-year teacher.” School administrations around the state face a
March 1 deadline for issuing layoff notices to teaching staff. Such notices may be necessary in the event of budget cuts but they may also be triggered by a school closure or an overhaul of a school program, according to Flynn. Seniority could also be a factor when teachers return from long leaves of absences, he said. Districts that fail to comply could face severe sanctions. “Individuals engaging in or countenancing such infractions in derogation of the BEP shall face sanctions by this Department, up to and including loss of certification. LEAs [school districts] engaging in or countenancing such infractions … shall be subject to administrative orders enforceable in Superior Court and the potential loss or diversion of State aid,” Gist said. So far, no sanctions have been leveled against individual superintendents or districts, according to Elliot Krieger, spokesman for Gist. He declined to comment on the teacher union’s response to her letter. See Gist cont. on page 4
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