Reductions in Force Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com
H & S School Law
The Statutes Probationary teachers must be reduced before tenured teachers Board, by policy, may determine criteria for retention If evaluation is a criterion, the policy must specify: • frequency of evaluation • evaluation forms, and • number & length of observations
Early Retirement Incentives Can target curricular area Make sure have INCENTIVE effect Check for ADEA violations Don’t rely on verbal assurances Offer at same time as RIF
Before A RIF Can Occur: The administration must present “competent� evidence showing: 1. A change of circumstances 2. Necessitating a reduction 3. Specifically related to the teacher being reduced
Two-Step RIF Process Step 1 – the board determines the need to reduce force and the extent of the reduction at a board meeting
Two-Step RIF Process Step 1 – the board determines the need to reduce force and the extent of the reduction at a board meeting Step 2 – administration identifies the affected teachers
Remember: You Don’t Know Who is Affected!!!
Board Cuts FCS EMPLOYEE ASSIGNMENT
TEN. ENDORSEMENTS
EXTRACURRICULAR ASSIGNMENTS
No
• •
English, 7-12 French, 7-12
•
Head volleyball
Jones, Fred Middle School English No
• •
English, 7-12 Elem. Ed K-6
•
Ass’t track
Yes
• •
FCS 7-12 English, 7-12
Yes
• •
English 7-12 School Guidance Counselor 7-12
Cook, Lauren
Crocker, Betty
High School English
FCS
Smith, Sally Guidance Counselor
Assigning and Reassigning
Notice of RIF <Must notify of possible amendment or termination by April 15 ď&#x201A;&#x2019;Comply with any earlier dates in policy or handbook ď&#x201A;&#x2019;March 15: a pesky hold-over <Teacher has 7 days to request hearing <They ALL request hearings
After Hearing Request <Hearing must be held within 30 days <At least 5 days prior to the hearing, the teacher is given: Specific reasons for RIF Exhibit list Witness list Summary of witnesses= testimony Copies of documents
Board Decision <Board must make final decision on or before May 15 <There is no vacancy that the affected employee is qualified to fill <RIF affects classroom as last resort
Dykeman v. Board Dykeman v. Board of Education (1982)
<Board Policy considered: Certification and endorsements Program to be offered Contribution to activity program Length of uninterrupted service Special qualifications Part-time employees get lowest priority
Dykeman v. Board < Two business administration teachers < Board reduces from 2 teachers to 1 < Dykeman had more seniority < Other teacher contributed more to extra-curricular activities < Supreme Court: boards may differentiate on basis of contribution to extracurricular activity program
Dykeman v. Board The Nebraska Supreme Court held: In the absence of statutory or contractual restrictions, the decision of a school board in such a matter [RIF] is generally subject to but a limited review.
Cross v. Board <Board eliminated machine shop program <Ross only shop instructor <Board RIF=d Ross <Supreme Court â&#x20AC;&#x201C; affirmed board â&#x20AC;&#x201C; responsible for curriculum and employment
Required Findings <Board must find: ď&#x201A;&#x2019;There are no vacancies on staff for which the employee is qualified ď&#x201A;&#x2019;RIF affects classroom as a last resort
RIF=ed Teacher=s Rights A Teacher Who is Terminated by RIF
<Considered dismissed with honor ď&#x201A;&#x2019;On request gets a letter to that effect <Recall rights for 24 months ď&#x201A;&#x2019;News flash: 24 months = 3 years
<Recalled on length of service <Must be qualified by endorsement or college preparation to be recalled
Reductions in Force Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com
H & S School Law