POLICY TITLE: Reduction in Force Regarding Certificated Employees POLICY NO: 468 Page 1 of 1 A reduction in force may occur when the Board of Trustees determines that it is in the best interest of this district to reduce the number of contracted certificated employees because of a financial emergency, shifting student population levels, decrease in enrollment, changes in curriculum, and reorganization or consolidation. The District hereby adopts procedures to implement a Reduction in Force (RIF) without regard to seniority or contract status attached as 468P. If it is determined that a RIF is necessary, the Board of Trustees directs the Administration to effect the reductions by implementing this policy after having attempted to reduce the staff to a desired number through attrition and/or reassignment or other means to preserve the staff s employment that may be available at that time. It is the intent of the Board that the individual and cumulative effect of the procedures on the education of students and the best long-term and short-term interest of the school district be considered. It is further the intent of the Board that primary consideration be the quality of instruction and the progress that students are making throughout the course of the school year as well as properly endorsed Highly Qualified instructors to be in classroom positions in order for the District to be compliant with federal and state education requirements. Therefore the procedures set forth as attached (468P) shall be considered in terms of this total context. If the Board determines that a RIF will be implemented, the Superintendent shall submit a list of the certificated employees recommended for release, through the District procedures, and shall make recommendations to the Board as to what due process, if any, the Board is required to implement for each individual personnel situation. Definition As used in this policy, certificated employee shall mean any employee defined by Idaho Code 33-101 (as now existing or hereafter amended) and apply to any employee of the District who holds a certificate issued by the State Board of Education and who is employed in an instructional or administrative position that requires such a certificate. The Superintendent is exempt from this policy. LEGAL REFERENCE: Idaho Code Section 33-514, 33-515, 33-5, 33-53, 33-101 Adopted: 6/11/01 Reviewed: Revised:
Page 1 of 3 PROCEDURE 468P PROCEDURES: 1. Staff reduction procedures will apply only to certificated employees as defined by policy.. Employees reduced under this policy will be presumed to have been performing satisfactorily. 3. Prior to commencing action to terminate certificated employee contracts under these procedures, the District Administration will determine what building(s), grade level(s), and/or subject matter(s) need to reduced per this policy. The District Administration will make a list of the certificated employee s name, subject, grade level and building. 4. Prior to commencing action to terminate certificated employee contracts under these procedures, the District Administration will give due consideration to its ability to effectuate position elimination and/or reduction in staff in positions identified in #4 above by: a. Voluntary retirements b. Voluntary resignation c. Reassignment/Transfers of existing staff members d. Voluntary leave of absence 5. In the event a RIF is required, certificated employees, who are retained pursuant to this policy, may be reassigned if suitable position openings are available in instructional areas for which they are endorsed, highly qualified and for which the principal has approved transfer as per Idaho Code requirements. 6. In making a determination as to the individuals to be released pursuant to the RIF, consideration (without priority) will be given to the following criteria. Each criterion, below, shall be considered in terms of the total context when selecting those employees who are to be considered for reduction. The following criterion will be considered: a. Evaluations b. Professional Standards and Conduct c. Educational Certification and Credentials d. Professional Contributions 7. Certified employees on the RIF list cannot transfer into a position that would cause another employee (not on the RIF list) to lose their position. 8. For each employee subjected to RIF, a certificated employee profile shall be developed by the HR department, applying the criterion to each respective certificated employee. 9. The Human Resource Department shall advance notice (notification) of the possible RIF to all certificated employees who may be released, based upon the number of such employees who may be released, in whole or in part, and the school programs, certificated positions or categories of positions that may be affected. 10. Accompanying the notification, the Human Resource Department shall provide a copy of their certificated employee profile, utilizing the established point system, along with a copy of this policy and procedures. 11. If a certificated employee receiving a Certificated Employee Profile believes that there is an error that has been made on their profile, the certificated employee shall notify the Human Resource Department of his/her concern of an error, in writing, by the close of the school day on the 3 rd school day after the employee Profile has been delivered to the certificated employee. The written notice shall specifically identify what element(s) of the Certificated Employee Profile are believed to be erroneous and explain specifically why the element(s) is/are believed to be in error.
Page of 3 PROCEDURE 468P 1. If the Human Resource Department receives notice of possible error, each such written notice, timely received, shall be individually reviewed for possible reconsideration or evaluation of the information used to create the Certificated Employee Profile. This may include a member of the District s or School s Administration communicating directly with the certificated employee to obtain more information or documentation relating to the alleged error. a. If the Human Resource Department determines that an error was made in completion of the Certificated Employee Profile, a new profile will be created and forwarded to the certificated employee in question. b. If the Human Resource Department determines that no error was made in completion of the Certificated Employee Profile, the certificated employee shall be notified of the determination. c. The certificated employee shall have a period of three school days to file written notice of an appeal of this decision to the District s Superintendent. Thereafter the Superintendent or designee of the Superintendent shall review the dispute, in whatever manner the Superintendent/designee deems appropriate for the circumstances, and make a final decision on the issue of the appeal and questioned error of the Certificated Employee Profile. The final decision is exempt from any Grievance Policy now in existence or hereafter modified/created. 13. The General Standards governing selection of employees subject to RIF are as follows: a. such selection shall not discriminate in violation of the law; and b. such selection shall provide for the highest quality instruction to the students within the available means; and c. the procedures to be implemented under such circumstances provide to employees of the District their rights in conformity with statutes of the State of Idaho. 14. Certificated staff members not affected by this reduction in force policy may be reassigned and may have extra duty assignments removed with appropriate reductions of salaries from pre-existing salary levels. In the event that an administrative position becomes available in this district while the reduction in force policy is in affect, the board is not obligated to follow the criteria as set forth above, but may select an individual it deems to be the most qualified individual for that position. 15. Certificated employees who are affected by the implementation of this reduction in force policy will be promptly notified in writing of the Board s decision or actions that need to be taken by the Board relating to applicable due process activities, if any. Any certificated employee who loses a position as a result of the Reduction in Force shall be placed on a recall list for two years from the effective date of the RIF. When an opening occurs, Principals may choose whether or not to use the list for recall of a position, subject to approval by the Board of Trustees and the Administration. However, if a position is opened, it shall be opened to all RIFed. Such recall rights or opportunities are also based upon the same criteria and will be implemented in the reverse order of the RIF. 16. If a position becomes open during such period, and the certified employee has been selected by the District as a person on the recall list who is Highly Qualified and most capable of holding the position, then the district will attempt to contact the former employee. Time permitting, the District will attempt to contact the former employee for a period of seven (7) days in person, email, telephone and/or certified mail. The employee will have five (5) days after being contacted to accept or reject, in writing, the contract offer. If the district is unsuccessful in contacting the employee after reasonable attempts during the seven (7) days, or if the employee rejects the contract offer, the employee forfeits any future recall rights and the district will offer the position to the next qualified person on the recall list. It will be the responsibility of each former employee on the recall list to provide a current mailing address, place of residence, and telephone number, or other means by which to contact the former employee.
Page 3 of 3 PROCEDURE 468P 17. The recalled employee will return with no loss of prior service credit placement on the current salary schedule. Any employee who has been recalled is entitled to credit on the salary schedule for any contracted teaching experience gained during the RIF and for additional college course work completed. Reference: Idaho Code Sections 33-513, 33-514, 33-515, 33-5 Baker v. Independent School District, 107 Idaho 608 (1984)
Page 1 of FORM 468F Certificated Employee Profile for: Date Subject Matter: Completed by: CRITERIA DOCUMENTATION POINTS ALLOWED 1. EVALUATION TOTAL PTS AWARDED Received the lowest rating on any of the 4 domains on the last evaluation summary Received highest rating in domains 1,, 3, and/or 4 on the last evaluation summary Date of evaluation: Date of evaluation: -5 pts per lowest rating +5 pts per top rating #1 TOTAL POINTS. PROFESSIONAL STANDARDS AND CONDUCT Maximum 0 For a documented offense within the last three (3) years to include: letter or reprimand, professional assistance, probation, or violation of professional standards. For two or greater documented offenses within the last ten (10) years to include: letters or reprimand, professional assistance, probation, or violation of professional standards. Date of offense: Date of offenses: -5 pts per offense -15 pts per offense # TOTAL POINTS Maximum 0
Page of FORM 468F 3. EDUCATION, CERTIFICATION AND CREDENTIALS Highly Qualified in Hard to fill position HQT & Hard to fill positions: as determined by Board and Idaho State Department Highly Qualified in Subject Matters HQT Subject Matters: per subject matter Advanced Degree MA/MS Yes or No Adt l endorsements not included above Endorsements: per endorsement Advanced Degree Doctorate Yes or No National Board Certification Yes or No #3 TOTAL POINTS Maximum 10 4. PROFESSIONAL CONTRIBUTIONS Regularly volunteers for school activities before or after contract time Regularly volunteers for leadership roles in the Building To be completed by Building Administrator/Supervisor Explain: Explain: Participation in Building Committee Work Participation in District Committee Work List Committee(s): List Committee(s): Participation in State and/or National Committee Work List Committee(s): #4 TOTAL PTS: Maximum 6 CERTIFICATED EMPLOYEE NAME: GRAND TOTAL POINTS AWARDED: For detailed information on the R.I.F. policy and procedures, please see Policy #468 available at the District Office, School Offices, or on District website at cdaschools.org>board>policies.