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NTE Conversion Deadline is September 29, 2006

To: FEA Leaders and FRS's (For immediate distribution)
From: H.T. Nguyen, FEA Executive Director/ General Counsel
Date: September 20, 2006
Re: Third Update on New MOU on Conversion of Not-To-Exceed (NTE) employees


Legal Update (September 20, 2006)

We have sent out two Legal Updates (June 13, 2006 and August 28, 2006) on the MOU that the Association had just signed concerning the conversion of not-to-exceed (NTE) employees. This Legal Update is to provide a final notice that the deadline for NTE educators who might be eligible for conversion under that MOU to request conversion is very close. Once the deadline passes, there will be no more second chances.

Please find the signed MOU, as well as the June 13, 2006 and August 28, 2006 Legal Updates, attached to this message for your own information (see links, below). I ask you to review the provisions of the MOU and the two Legal Updates one last time.

I. 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.

II. I Believe I am an NTE eligible for conversion under the MOU, 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 your name be submitted for a determination of eligibility for conversion, with the following information and documents requested below to the FEA Washington office IMMEDIATELY at fea.legal@hq.dodea.edu.

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.

III. Who should apply for conversion under the new MOU?

If you believe that you are covered by any of the three situations described below, and you have not already requested conversion, please provide the information requested in part II of this Update immediately to our office:

The Department of Defense Dependents Schools (DoDDS) and the Federal Education Association (FEA) hereby agree, regarding the conversion of Not to Exceed (NTE) Appointments, that DoDEA Regulation 1400.13 remains in effect and agree to the following:

1. Employees currently in continuing positions on temporary appointments of one year or less or on term appointments who had completed seven months or more of service as professional educators in DoDDS at the end of the 2004-2005 school year will be converted to permanent appointments by the end of the 2005-2006 school year provided they have signed a DoDDS Mobility Agreement and are fully qualified and possess a valid DoDEA license without condition, including meeting testing requirements, or possess a valid state teaching license.

2. Employees currently in continuing positions on temporary appointments of one year or less or on term appointments who had completed less than seven months service as professional educators in DoDDS at the end of the 2004-2005 school year and served the entire 2005-2006 school year will be converted to permanent appointments upon placement in a continuing position in DoDDS at the beginning of the 2006-2007 school year 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 condition, including meeting testing requirements, or possess a valid state teaching license.

3. Employees hired in 2005-2006 school year on temporary appointments of one year or less or on term appointments who completed eight months service as professional educators in DoDDS will be converted to permanent appointments upon placement in a continuing position in DoDDS at the beginning of the 2006-2007 school year 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 condition, including meeting testing requirements, or possess a valid state teaching license.


Again, I strongly encourage you to please review the attached MOU for additional information and changes to conversion requirements and eligibilities.

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.