6461 Reduction In Force


1. Reduction in certificated staff which may be required due to decreasing enrollments, limited financial support, changing programs, or other factors, will be accomplished when possible, through the normal procedures of resignations, retirements, leaves of absence, other methods of attrition of staff, and/or alternative assignment of personnel.

2.  In the event that it becomes apparent that the necessary staff reductions may not be accomplished through the normal attrition of staff, the Superintendent will recommend to the Board of Education the names of those individuals impacted by the reduction in force provisions of the continuing contract law.

3. Permanent or tenured employees will not be subject to the provisions of this policy while a probationary employee is retained to render service which such permanent employee is qualified by reason of certification and endorsement to perform or where certification is not applicable, by reason of college credits in the teaching area. (79-846)            

The selection of personnel for reduction shall be based on seniority in endorsed fields and placement on a Performance Improvement Plan. Seniority shall be defined as the number of years of uninterrupted contractual service with the district. Teachers shall have full seniority in all their endorsed fields, even if outside their current teaching assignment.  Also, full seniority shall be granted retroactively to all endorsements acquired in the future. A Performance Improvement Plan shall be defined as an employee on a written plan of improvement, initiated at least 60 days prior to Board of Education approval of RIF. Teachers on a plan of improvement will be considered first for reduction in force in endorsed fields. The Performance Improvement Plan will follow GIPS guidelines.

If the reduction of an employee, based upon the provisions of this policy would place this school district in non-compliance of any federal or state law or regulations requiring affirmative action employment practices, the district may vary from this policy only to the extent necessary to comply with such laws and regulations. (79-849)

A teacher who is removed from the teaching force by this policy shall be considered to be dismissed with honor and shall upon request be provided with a letter to that effect. (79-848)

4. Those employees who have been terminated through a reduction in force will receive priority consideration for replacement for a period of twenty-four months.  Upon re-employment, a recalled employee shall be placed on the salary schedule and provided fringe benefits based on existing district policies and the current negotiated agreement.  One step vertical advancement on the salary schedule, and any approved horizontal advancement, shall be granted from the point of termination.  If the period of absence is spent teaching in another district, that year or years shall be included when determining the employee's position on the salary schedule.

5. Before a reduction in force shall occur, it shall be the responsibility of the board of education and the school district administration to present competent evidence that a change of circumstance has occurred necessitating a reduction in force. (79-847)

6. Due to the nature of the relationship between the administration and the board of education, a certificated employee who is not currently serving in a predominantly administrative capacity shall have no rights under this policy to any administrative position within the school district.

7. Definitions of several key terms listed in this policy are attached for clarification.

A reduction in force shall consist of a reduction of one or more positions or a reduction in the percentage of employment of one or more certificated staff members even if the number or percentage of employment of the certificated staff overall may be increased by other hiring or increases in the percentage of employment of other employees. Reduction in force may result in termination of employment, an amendment to an employee’s contract reducing the employee’s employment, reducing an employee from full-time to part-time status or reducing a part-time employee’s percentage of employment.

A Performance Improvement Plan is a formal plan developed by the supervisor to improve personal/professional performance. The plan must be in place 60 days prior to the board implementing reduction in force to be considered as criteria for reduction in force. A Performance Improvement Plan shall include an introductory statement to include specific events leading up to the need for a plan; identify one to three improvement goals; a statement of performance expectations; staff member’s current performance; direction and support offered by the supervisor; expected performance outcomes; how performance will be measured; and a timeline for meeting expectations.

Seniority and length of service shall be defined as the number of continuous full-time equivalent years of employment in the district as a teacher. A full-time equivalent year is defined as employment on a full time basis for an entire school year. Less than full-time employment would reduce a teacher’s full-time equivalent employment for a school year. For example, a teacher employed on a half-time basis would be credited with a half-year of full-time equivalent employment. A break in service will terminate a teacher’s seniority and length of service under this provision. That period of time when a teacher is on a leave of absence shall not constitute a break in service; however, any years of absences or fractions of years of leave of absences will not count as years of employment for the purposes of determining the length of a teacher’s uninterrupted service.

For the purpose of this policy a teacher is defined as any certificated employee whose major assignment is not administrative in function.

Endorsement:  Shall mean area(s) of specialization or teaching majors and grade level(s).  Title 92, Nebraska Administrative Code, Chapters 21 & 24.

8. All employees, upon notification of possible reduction in force, shall be provided with copies of this policy and procedures.

 

Adopted                        8/12/91

Revised                         9/11/03                 

Policy Reviewed       1/8/09

Policy Revised           08/11/2011