REDUCTION IN FORCE REGULATIONS. For purposes of the RIF Policy Regulations, the following definitions apply:

What can the Superintendent make to the School Board in regards to the reduction of teachers?
Can a teacher be offered re - employment for post - rif vacancies?

Transcription

1 FILE: GCPA-R REDUCTION IN FORCE REGULATIONS General The School Board may eliminate positions and reduce the number of employees as a result of a decrease in enrollment, budgetary restrictions, insufficient appropriations, expiration of a special grant, reorganization, closing of a facility, abolition of subjects, modification of educational programs, or other conditions as permitted by law. In such event, the Superintendent shall make recommendations to the School Board as to which teaching areas, positions, programs, and/or employees are to be reduced or eliminated. The recommendations of the Superintendent and the School Board s ultimate determinations of programs and employees to be eliminated, or redistribution or reassignment of personnel, shall be in accordance with the Reduction In Force ( RIF ) Regulations procedures and guidelines as set forth below. Except as circumstances may warrant, as determined by the School Board, reduction in force shall be applied to the division as a whole rather than to individual facilities or sites. Furthermore, in taking those actions warranting RIF, the School Board and Superintendent retain complete discretion to vary applications of the procedures and guidelines in reduction of programs and personnel and the transfer, reassignment, or recall of employees in any manner as determined by them as necessary and in the furtherance of the best interests of Pittsylvania County Schools. Definitions For purposes of the RIF Policy Regulations, the following definitions apply: Administrative/Supervisory Personnel shall mean those employees currently serving in positions and/or identified on the administrative/supervisory list maintained by the Pittsylvania County Public Schools. Seniority shall mean that length of time beginning with the most recent period of continuous service, including approved leave, with Pittsylvania County Schools. For purposes of these policy regulations only, an employee in active service for the equivalent of at least 160 work/teaching days in a school year will be credited with one (1) year of service for each such equivalent period in service. The Department of Human Resources will develop and maintain seniority listings in accordance with the foregoing for each position or classification subject to reduction or elimination in accordance with these policy regulations. In the event of a tie in determining seniority related to a particular reduction under these policy regulations, the tie will be broken by consideration of the following additional factors in sequential and progressive order until the tie is first broken:

2 1. The date of School Board appointment; 2. The date of the most recent application resulting in employment with the Pittsylvania County Schools; and 3. By lot. Support Personnel shall mean those employees assigned to a position with the Pittsylvania County Schools and not categorized by definition as a teacher or administrative/supervisory personnel. Teacher shall mean an individual who holds a current teaching license, whether provisional or full, issued by the Virginia Department of Education and who is employed on a contractual basis and on the teacher s salary schedule by formal action of the Pittsylvania County School Board. Procedures for Reduction In Force A. Teachers: Reductions of teachers due to a RIF shall be in accordance with the following: 1. The School Board on the recommendation of the Superintendent shall determine on a division-wide basis the specific endorsement areas of instructional programs in which reductions are to be made and the extent of reductions necessary. 2. The School Board on the recommendation of the Superintendent shall then determine which teachers shall be subject to reduction by first classifying individual teachers into the following categories: a. Provisionally certified teachers; b. Probationary teachers; and c. Continuing contract teachers. Reductions shall begin in the first category, provisionally certified teachers, based on seniority within that category with the least senior being subject to reduction first and reductions continuing in ascending order from least senior to most senior. To the extent that reductions are necessary beyond the first category of provisionally certified teachers, further reductions shall be made by utilizing the same seniority ranking process within the probationary teacher category. The same process is also applicable in the event that reductions are necessary in the continuing contract teacher category, such that continuing contract teachers with the most seniority are the last subject to reduction.

3 3. Each teacher in an affected endorsement area or instructional program who is subject to reduction in accordance with the foregoing may be considered for vacancies immediately created by RIF in other areas or programs if endorsement requirements are then fully met by consideration of and reference to the endorsement on which the teacher s active assignment subject to reduction had been based. Likewise, continuing contract teachers may be offered re-employment for post-rif vacancies occurring in areas or programs if their endorsement requirements were previously fully met, and then continue to be met, by consideration of and reference to the endorsement on which the teacher s previous active assignment subject to reduction had been based. In the event that more than one teacher warrants consideration for a vacancy created by RIF or a post- RIF vacancy, consideration for those vacancies will be based on a combination first of the category in which they were classified, as set forth in paragraph A2 above, and secondly seniority within each category, such that teachers previously in the continuing contract category with the most seniority are first considered for vacancies with the least senior teachers in the provisionally certified teacher category considered last. B. Support Personnel: Reductions of support personnel due to a RIF shall be in accordance with the following: 1. The School Board on the recommendation of the Superintendent shall determine on a division-wide basis the specific position classifications in which reductions are to be made and the extent of the reductions necessary. 2. The School Board on the recommendation of the Superintendent shall determine which individual employees within specific position classifications will be subject to reduction based on seniority within each such classification with the least senior being reduced first and continuing in ascending order from the least senior to the most senior. 3. An employee subject to reduction may be considered for other positions in which there are vacancies when the Superintendent determines the other position to have generally similar duties and responsibilities and for which the person is otherwise qualified. Likewise, individuals released as a result of reduction may be offered reemployment as subsequent vacancies occur in the position which they last held. In the event that more than one individual warrants consideration for vacancies created as a result of RIF or subsequent vacancies in the same position occur, consideration for filling of these vacancies will be based on seniority, with the most senior individual being considered first. C. Administrative/Supervisory Personnel: Reductions of administrative/supervisory personnel due to a RIF shall be in accordance with the following:

4 1. The School Board upon the recommendation of the Superintendent shall determine on a division-wide basis the specific position classifications in which reductions are to be made and the extent of the reductions necessary. 2. The School Board on the recommendation of the Superintendent shall determine which individual employees shall be subject to the reduction based on seniority within each such position classification, such that the least senior in that classification is reduced first and continuing in ascending order from least senior to most senior until the necessary reductions are achieved. 3. During RIF implementation, administrative/supervisory personnel will have reversion or bumping rights. Accordingly, in the event that such employees are released as a result of RIF, they may replace teachers in their particular area of certification, on the condition that they have more experience, which shall include both teaching time and time dedicated to work in school administration, and they may replace other administrative/supervisory personnel on the condition that they have more experience with work on school administration and supervision. Therefore, for example, in applying reversion or bumping rights, Central Office Administrators may replace principals, principals may replace assistant principals, and assistant principals may replace teachers. Reassignment/transfer Once reductions have been made on a division-wide basis, then reassignments shall be made in the specific schools by the Superintendent. The affected employees may be reassigned to the open positions created by the reductions, and reassignment or transfer will be made in an effort to accommodate retention of employees having seniority in the areas affected by RIF. When possible, employees will be permitted to volunteer for open positions. Reassignment of certificated persons will be based on licensure, as more particularly described above. However, the ultimate selection of personnel to be reassigned or transferred will be governed by the need to maintain maximum effectiveness of the facilities involved as determined by the Superintendent, in his sole discretion. The School Board will have final approval of all reassignments. Recall A recall period shall exist after the effective date of a formal RIF. Individuals released from employment due to implementation of RIF procedures shall be listed in order of seniority within their last active assignment and shall be offered re-employment by seniority during the recall period if openings within their last active assignment area occur. A person may decline to accept one recall. However, failure to accept the second recall will result in removal from the recall list. Recall notices will be provided in writing as provided in these regulations. Failure to respond to a recall within ten (10) calendar days of receipt of a notice of recall shall

5 constitute rejection of the recall and offer for re-employment with Pittsylvania County Schools. The ten (10) calendar day period shall begin on the post mark mailing date of the notice of recall. It shall be the responsibility of the individuals subject to recall to inform the Department of Human Resources of any change of address and to otherwise make any necessary arrangements to ensure receipt of notice of recall. Individuals on the recall list who have not been notified of a recall by July 1 st must notify the Assistant Superintendent for Human Resources in writing as provided below that they desire to remain on the recall list. Any individual not notifying the Assistant Superintendent of Human Resources by July 10 th of an intention to remain on the recall list shall be removed from the recall list. Persons on the recall list may be eligible for temporary positions such as part-time and substitute positions based on proper application. Acceptance of temporary positions will not affect recall status. Upon re-employment as a result of a notice of recall, salary, fringe benefits, and length of service shall be restored to pre-rif release status in accordance with records maintained by the Pittsylvania County Schools. Time which has elapsed between RIF release and re-employment based on recall shall not be taken into consideration concerning the level of salary, fringe benefits, or length of service. Notifications The Department of Human Resources shall notify employees subject to release as a result of RIF implementation and/or recall opportunities in writing by hand-delivery or by regular and certified mail, return receipt requested, utilizing the address information maintained in the records of Pittsylvania County Schools. For purposes of corresponding with the Pittsylvania County Schools related to the RIF implementation or recall, those subject to reduction or on the recall list must provide notices or correspondence by hand-delivery or sent by regular and certified mail, return receipt requested, to the attention of the Assistant Superintendent for Human Resources for Pittsylvania County Schools. Effect of RIF Except as otherwise governed by the terms of these RIF Regulations, any person who is released from employment as a result of RIF Regulations shall have the rights and responsibilities of an employee who voluntarily resigns his/her employment in good standing. ADOPTED: March 12, 2012