GBNA-P, Reduction in Force Procedures

???????????????????????????????????????? REDUCTION IN FORCE PROCEDURES

?????????????????????????????????????????????????????????????????????????????

TEACHERS, ADMINISTRATORS AND OTHER CERTIFIED EMPLOYEES

I.????????? DEFINITION OF TERMS

???????????

??????????? A.??????? Termination ‑ The cessation of employment of a teacher or other certified employee before the end of a tenured or probationary appointment for reason of financial exigency or program change.

??????????? B.??????? Financial exigency ‑ Any significant decline in the Board's financial resources that is brought about by decline in enrollment or by other action or events that compel a reduction in the school's current operations budget.

??????????? C.??????? Program Change ‑ Any elimination, curtailment, or reorganization of a curriculum offering, program or school operation or a reorganization or consolidation of two or more individual schools that is unrelated to financial exigency.

??????????? D.??????? Teacher ‑ Any employee of the Board who holds a teaching certificate and whose legal employment requires such a teaching certificate.

??????????? E.??????? Certification ‑ As defined by the State Department of Education for employment.

??????????? F????????? .Evaluation ‑ The evaluator's formal written evaluation of an evaluatee's performance.

??????????? G.??????? Professional Staff ‑ Includes teachers and administrators.

??????????? H.??????? Seniority ‑ The length of service in the school district.

??????????? I.????????? Tenure - Status attained by a teacher upon the successful completion of the three (3) year probationary period and re-employment for the fourth (4th) year.

II.????????? GENERAL GROUNDS FOR TERMINATION

??????????? Employment may be terminated when the Board decides that, because of financial exigency or a program change, the Board's obligation to one or more teachers or administrators cannot be further met. Such a decision may be made and any resulting termination may be effected only in accordance with the procedure provided herein.

III.???????? BOARD'S PRELIMINARY DETERMINATION AND STATEMENT

??????????? If the Board decides that a state of financial exigency exists or is imminent or a program change has occurred or should seriously be considered and termination of the employment of employment of one or more teachers may be required con?sequence of either circumstance, it shall take action in an official Board meeting that identifies with reasonable particularity the state of financial exigency or the program change. Simultaneously, a notice of the Board action shall be published by any means reasonable calculated to bring it to the attention of school personnel that reduction in force might be necessary.

IV.??????? STATEMENT OF THE SUPERINTENDENT

??????????? The Superintendent, at the direction of the Board, shall determine all options available to the Board through whatever sources are available. If the Superintendent determines, on the basis of all information available, that action must be taken, he shall transmit to the Board a statement that designates (1) the options available, (2) the areas of school operations in which termination should be effected, and (3) the criteria to be used in selecting individual employees for termination of employment.

V.??????? CRITERIA FOR TERMINATION

??????????? The following set of criteria shall be the determining factor in any and all reductions in force actions recommended by the Superintendent to the Board.? The teachers or other certified employees in the designated area of operations shall be ranked in order of the number of points they receive by the following criteria and the terminations shall commence with the lowest ranked (those receiving the fewest number of points.)

??????????? Professional Staff

??????????? A.??????? Certification

??????????????????????????????????? No ????????????????????????????? ?0

??????????????????????????????????? Yes ???????????????????????????? ?1

??????????? B.??????? Degrees earned (highest level only)

??????????????????????????????????? Bachelors? ???? ?1????????

??????????????????????? ??????????? Masters????????? 2???????????????????????????????????????????????????????? ?????????????????????????????????? ??????????????????????? ??????????? +30?????? ????????? ?3

??????????????????????????????????? Specialist ????? ?4

??????????????????????????????????? Doctorate ????? ?5

???????????????????????????????????????????????????????????????????????????????????

??????????? C.??????? Tenure

??????????????????????????????????? Non-tenure???? ?????????? 0

??????????????????????????????????? Tenure??????????? ?????????? 1

??????????? D.??????? Overall Performance Evaluation for last three years ???????????????????

??????????????????????? (points per year)

???????????????????????????????????????????????????????????????????????

??????????????????????????????????? Unsatisfactory??????????? ?????????? -1

??????????????????????????????????? Needs Improvement ?????????? ?0

??????????????????????????????????? Satisfactory??????????????? ?????????? ?1

??????????? E.??????? Experience

??????????????????????? Teaching??????????????????????????????????????????? 1 point for each year of teaching experience in Parish

??????????????????????? Assistant Principal??????????????????????????? 1 point for each year of experience at assistant principal level in Parish

??????????????????????? Principal level??????????????????????????????????? 1 point for each year of experience at principal level in the Parish

??????????????????????? Supervisory level?????????????????????????????? 1 point for each year of experience at the supervisory level in Parish

??????????????????????? Entry and exit dates will be used to compute years experience at each level.

*Where reduction in professional staff is required, the Board shall use only those years of experience directly related to the area in which reduction is required.? For example, where a reduction in teaching staff is required, use only experience as a teacher; but where the reduction is in the administrative area, use only administrative experience.? However, when a staff member is dismissed from a position in an administrative area, his experience in teaching shall be considered to ascertain whether he should be retained as a teacher.

??????????? In cases of ties, the following criteria shall be used in the order listed to determine the final reduction in force:

??????????????????????? 1.???????? The employee with the highest total number of semesters of certified employment in the Parish school system shall be retained (i.e., total service).

2.???????? If the highest total number of semesters of certified employment are equal, the employee who has rendered the highest total number of semesters of active, continuous, or consecutive semesters of certified employment in the Parish school system shall be retained (i.e., active, continuous, or consecutive semesters of certified employment, which include Board-approved leaves of absence).

??????????????????????? 3.???????? The employee with the lesser degree on his/her certificate shall be affected. (+30 will be treated as a degree.)

??????????????????????? 4.???????? The employee with the highest amount of credit hours earned beyond the highest degree shall be retained.

??????????????????????? 5.???????? The employee with the highest record of attendance in the Parish school system shall be retained.

??????????????????????? 6.???????? The employee with the highest total number of years of verified employment experience in education.

VI.??????? DECISION OF THE BOARD

If the Board determines from this statement presented that it must take action, the Board shall direct the Superintendent to proceed with recommendations on options selected and areas of school operation affected.

VII.?????? NOTICE TO INDIVIDUAL EMPLOYEE

??????????? If, after considering the Superintendent's recommen?dation, the Board acts to terminate employment, it shall give written notice of that fact by certified mail, return receipt requested, to each employee to be terminated at least thirty (30) days prior to termination date. The notice shall include a statement of the conditions requiring termination of employment and general description of the procedures followed in making the decision. The employee's address, as it appears on school system records, shall be deemed to be the correct address. It shall be the responsi?bility of each employee to see that his current address is on file.

VIII. ??? REVIEW OF INDIVIDUAL TERMINATIONS

??????????? A.??????? Request for a Hearing ‑ An employee who receives a termination notice pursuant to Section VII above may request a review of the action by the Board. This request for review must be in writing and received by the Superintendent within ten (10) calendar days of the date of the employee's receipt of the notice of termination.

??????????????????????? Failure of the employee to timely submit such request for review shall constitute a waiver on the part of the employee of his right to challenge his termination under these procedures.

??????????????????????? Review may be held solely to determine whether the decision to terminate the employee was arbitrary or capricious with respect to that individual. The request for review must specify all grounds on which it is contended that the decision was arbitrary or capricious and must also include a short, plain statement of facts that the employee believes will support his contention.

??????????????????????? Upon receipt of the request for a hearing, the Board shall schedule a hearing date and give the employee at least five (5) days notice of such date.

??????????? B.??????? Conduct of the Hearing ‑ The hearing shall be conducted informally before a quorum of the Board, and a quorum shall be defined to consist of a simple majority of the Board's total membership. A board member who has a significant conflict of interest should disqualify himself or be excused by the Board's adoption of a motion to disqualify him. The Board will consider only such evidence as is presented at the hearing, and it need consider only the evidence that it considers fair and reliable. All persons making statements to the Board during such hearing may be questioned by the Board members, the employee, and the Superintendent. Except as herein provided, the conduct of the hearing shall be under the control of the Board President.

??????????????????????? The employee and the Superintendent may each be accompanied by a person who may give counsel, but may not participate directly in the hearing (and otherwise represent the party).

??????????????????????? The hearing shall begin with the employee's presen?tation of his contentions, limited to those grounds specified in the request for hearing and supported by such proof he desires to offer. When this presentation is concluded, the Superintendent may then present such testimonial or documentary proof as he desires to offer, including his own testimony, in rebuttal of the employee's contention or in general support of the decision to terminate.

??????????????????????? Neither the employee nor the Superintendent may present information which would violate the rights of other employees to confidentiality (e.g. performance evaluations).

??????????????????????? After the Superintendent completes his presentation, the Board shall consider all evidence presented to it during the hearing. The burden is on the employee to satisfy the Board by a preponderance of the evidence that the decision to terminate was arbitrary or capricious.

??????????? C.??????? Procedure after Hearing ‑ If the Board determines that the employee's contention has not been established, it shall issue a simple, unelaborated statement so as to notify the employee and the Superintendent. Such a determination finally confirms the decision to terminate. If the Board determines that the employee's contention has been established, it shall so notify the employee and the Superintendent by a written notice that states what corrective action must be taken.

IX.??????? OBLIGATIONS WITH RESPECT TO RE‑EMPLOYMENT

??????????? For one (1) year after the effective date of a termination pursuant to provisions set forth herein, the School Board shall not replace the employee whose employment has been terminated without first offering the position to the terminated employee. Employees will be recalled in reverse order of their lay‑off.

??????????? The offer of re‑employment shall be made by certified mail, return receipt requested, and the employee shall be notified that, if he/she wishes to accept, he/she must do so in writing within fifteen (15) calendar days or rejection of the position eliminates all re‑employment rights of the employee.

??????????? A tenured employee who has been laid off and re‑em?ployed within one (1) year shall be reinstated as a tenured employee. A probationary employee who was laid off but is later re‑employed may be given a maximum credit of two (2) years for the time already served as a probationary employee for the purposes of determining when he/she is eligible to be considered for tenure.

??????????? An employee who is recalled within one (1) year after being laid off shall have restored to him all of the sick leave and unused personal leave he had accrued on the effective date of the lay off.

X.??????? EXCLUSIVENESS AND SAVING PROVISION REGARDING REDUCTION IN ???????? FORCE PROCEDURES

??????????? The procedures outlined herein are the only procedures that may be used in a reduction in force. Any existing procedure for reconsidering or examining an employee discharge, nonreappointment, or grievance will not be considered in implementing a reduction in force. Similarly, no personnel action other than a reduction in force may be considered under these procedures.

??????????? If any provision of these procedures or the application thereof is held invalid, such invalidity shall not effect other provisions outlined herein which can be implemented without the invalid provisions and, to this end, the provisions of these procedures are hereby declared sever?able.

??????????? Any and all provisions stated herein shall yield to existing state law, whether statutory or not, when held to be in conflict with said law or laws.

SUPPORT PERSONNEL

I.????????? SUPPORT PERSONNEL EMPLOYEES

??????????? For the purpose of this policy, support personnel shall be defined as those employees who are not teachers or administrators in the Cameron Parish School System.

II.????????? PROCEDURES TO BE IMPLEMENTED

??????????? With the exception of the criteria for termination, guidelines set forth in the RIF policy applying to teachers, administration and other certified employees shall apply, including the right of an employee to request in writing a review of the reduction in force action.

III. ??????? CRITERIA FOR TERMINATION

??????????? The following set of criteria shall be the determining factor in any and all reduction in force actions recommended by the Superintendent to the Board.? The non-teacher employees in the designated area of operations shall be ranked in order of the number of points they receive by the following criteria and the termination shall commence with the lowest ranked (those receiving the fewest number of points).

??????????? A.??????? Seniority, defined as total years of employment in the Cameron Parish School System.? Entry and exit dates will be used to compute years experience in the system.? Board approved leave without pay will not count toward experience, but will not break service.

??????????????????????? One (1) point for each year of experience in the system.

??????????? B.??????? Experience in classified position categories, i.e., categories of clerical and bookkeeper, tutor, food service, bus driver, aide, sweeper, janitor, accountant, educational interpreter.? Board approved leave without pay will not count toward experience, but will not break service.? Entry and exit dates will be used to compute years experience at each level.

??????????????????????? 1 point for each year of experience for job classification being considered for Reduction in Force.

??????????? C.??????? Education:?????

??????????????????????? High School Degree???????????????????????? 1

??????????????????????? Technical School -

??????????????????????? Successful completion of:???

??????????????????????????????????? Thirty (30) hours??????????????????? 2

??????????????????????????????????? Sixty (60)+ hours?????????????????? 3

??????????????????????????????????? Associate Degree??????????????? 4

???????????????????????

??????????????????????? College Studies -

??????????????????????? Successful completion of:

??????????????????????????????????? Thirty (30) hours??????????????????? 3

??????????????????????????????????? Sixty (60) hours???????????????????? 4

??????????????????????????????????? Associate Degree??????????????? 5

??????????????????????????????????? Ninety (90) hours?????????????????? 6

??????????????????????????????????? Degree - B.A./B.S.??????????????? 8

??????????? D.??????? Overall Performance Evaluation for last three years (points per year)

??????????????????????? Unsatisfactory??????????????????????????????????? -1

??????????????????????? Needs Improvement???????????????????????? 0

??????????????????????? Satisfactory??????????????????????????????????????? 1

??????????? E.??????? Tenure (if applicable)

??????????????????????????????????? Non-tenure???????????????????????????? 0

??????????????????????????????????? Tenure??????????????????????????????????? 1

??????????? F.???????? Certification (if applicable)

??????????????????????? Non-certified????????????????????????????????????? 0

??????????????????????? Certified???????????????????????????????????????????? 1

In cases of ties the following criteria shall be used in the order listed to determine the final reduction in force:

??????????? 1.???????? The employee who has rendered the highest total number of years of active, continuous, or consecutive years of certified employment in the Parish school system shall be retained (i.e., active, continuous, or consecutive employment, which includes Board approved leaves of absence).

??????????? 2.???????? The employee with the highest amount of credit hours earned beyond the highest degree held shall be retained.

??????????? 3.???????? The employee with the highest record of attendance in the Parish school system shall be retained.

Revised:? April, 1996

Revised:? November, 1996

Revised:? April, 1997

Recoded:? November, 2006

Ref:???? La. Rev. Stat. Ann. '17:81.4

??????????? Board minutes, 11‑14‑83, 2-5-97, 7-14-08

Cameron Parish School Board