§ 15.1-16-21 — Salary increase - Unfillable position

1. a. If, after the conclusion of a school calendar, the board of a school district has a
teaching position vacant and if the board, having done all things necessary and
proper, is unable to fill that position by the forty-fifth day prior to the start of the
district's school calendar with an individual who is highly qualified and who meets
reasonable criteria established by the board, the board shall notify the
superintendent of public instruction that:
(1) A teaching position is vacant;

(2) The board has done all things necessary and proper after learning of the
vacancy to find a suitable and highly qualified candidate; and
(3) The board will be unable to meet the statutory requirements for school
approval if the position remains unfilled.
b. Unless the superintendent of public instruction has reason to believe that the
information contained in the notice as provided in subdivision a is not accurate,
the superintendent shall authorize the board, notwithstanding the terms of any
agreement negotiated under this chapter, to increase the compensation offered
for that position to the extent deemed necessary by the board in order to attract a
suitable and highly qualified individual. The compensation paid to a successful
applicant under this section may not be reduced in future years.
2. a. If a teaching position becomes vacant during a school calendar or less than
forty-five days prior to the start of the school calendar, the board of a school
district shall do all things necessary and proper to ensure that the vacancy
causes only minimal disruption to the instruction of students and that the position
becomes filled as quickly as possible by a highly qualified individual who meets
the reasonable criteria established by the board. The board shall notify the
superintendent of public instruction that the vacancy exists and that the board will
be unable to meet the requirements for school approval if the position remains
unfilled.
b. Upon receipt of the notice as provided in subdivision a, the superintendent of
public instruction shall contact the several education associations in this state and
ask that they assist the board of the school district in any way possible to locate
and employ an individual under the terms of the district's existing negotiated
agreement. Only when the superintendent determines that all reasonable efforts
have been unsuccessful may the superintendent authorize the board,
notwithstanding the terms of any agreement negotiated under this chapter, to
offer the level of compensation it deems necessary in order to attract a suitable
and highly qualified individual for the duration of the school calendar.
3. If an individual resigns from a teaching position with a district, the individual may be
rehired by the board of that district to fill a vacancy, but the individual is not eligible to
receive a level of compensation greater than that provided for in the district's
negotiated agreement.
4. If an individual has taught in this state during the preceding twelve months, the
individual is not eligible to receive a level of compensation greater than that provided
for in the district's negotiated agreement.
5. This section is applicable to contracts that are negotiated under this chapter and which
take effect after July 31, 2007.