Content

Conversion of NTE Employees

To: FEA Leaders and FRS's (For immediate distribution)
From: H.T. Nguyen, FEA Executive Director/ General Counsel
Date: August 28, 2006
Re: Second Update on New MOU on Conversion of Not-To-Exceed (NTE) employees

Legal Update (August 28, 2006)

On June 13, 2006, we sent out a Legal Update concerning an MOU that the Association had just signed concerning the conversion of not-to-exceed (NTE) employees. This Legal Update is to remind all members of our bargaining unit of the terms of that Update and to offer one final chance for NTE educators who might be eligible for conversion under that MOU to request conversion.

I. The June 13, 2006 Legal Update

In the June 13, 2006 Legal Update, we requested that all NTE educators who believed they met the conditions for conversion listed in the MOU to contact our office no later than June 16, 2006. The June 13, 2006 Legal Update requested all such NTE's to provide our office with the six items of information listed in that update to the FEA Washington office by that deadline.

Please find the signed MOU, as well as the June 13, 2006 Legal Update attached to this message for your own information. I ask you to review the provisions of the MOU and June 13, 2006 Legal Update one more time.

II. One Final Chance for Conversion

In the event that there might be some eligible NTE's who missed the deadline, the MOU provided one final opportunity to attempt to be converted under the terms of the MOU. However, those submitting their names after June 16, 2006, but on or before September 29, 2006 deadline will not be entitled to any back pay or benefits.

The absolute FINAL deadline for any NTE's who believe they may potentially be eligible to be converted under the MOU to submit their name and the required information to the Association is September 29, 2006.

III. I Believe I am an NTE eligible for conversion, but I didn't submit my Name and Information by June 16. What should I do now?

If you believe you meet the eligibility conditions for conversion listed in the attached MOU, but you did NOT submit your name and information to the Association by June 16, 2006, (or if you submitted your name and information to the incorrect email address in June), please submit the information requested below to the FEA Washington office IMMEDIATELY at fea.legal@hq.dodea.edu. If you previously submitted this information by June 16, 2006, you DO NOT have to submit it again.

When you contact the Association to request your name be submitted for a determination of eligibility for conversion, please provide the following information and documents, where applicable:

1) Your name
2) Your school
3) Your non-DoDEA email (if any)
4) Your home telephone number
5) Your home address
6) a copy of your SF-50 given to you at the start of your NTE appointment, as well as any subsequent SF-50's

Please scan these SF-50's and attach them to the email with the above-requested information, if you are able. If you are unable to scan these documents, please fax them to our office at (202) 822-7867.

Once more, if you believe that you may be an NTE eligible for conversion under the terms of the MOU, but you missed the June 16, 2006 deadline to request conversion, the final deadline for submitting your name and information requested, for conversion purposes, is September 29, 2006.

IV. Changes to the Conversion of NTE's Effective the start of SY 2006-2007

Section 4 of the MOU provides that new NTE educators hired beginning with school year 2006-2007, will be given the following NTE appointments:

"New locally hired employees… will be placed on a two year term appointment or a term appointment not to exceed the end of the school year during which their sponsor's DEROS date occurs."

Section 4 of the MOU provides conversion for NTE's newly hired in school year 2006-2007 under the following conditions:

"If reappointed or converted to a continuing position, the employees who have completed eight months or more of service as professional educators in DoDDS will be given permanent appointments in accordance with DoDEA Regulation 1400.13 provided they have signed a DoDDS mobility Agreement and are fully qualified and possess a valid DoDEA license without conditions, including meeting testing requirements, or possess a valid state teaching license."

These will be the conditions for conversion of NTE's beginning with the start of SY 2006-2007 and thereafter.

Once more, if you believe that you may be an NTE eligible for conversion under the terms of the MOU, but you missed the June 16, 2006 deadline to request conversion, the final deadline for submitting this request is September 29, 2006.