Changes to Lay-offs, Reduction in Force and Recall Rights
(Summary from Senate Bill 7)
Prior to the 2011-12 school term, there was a statutory requirement that non-tenured teachers be reduced first, in any order, with a forty-five (45) day notice prior to the end of the school term. Tenured teachers were reduced by inverse District-wide seniority with a 60 calendar day notice prior to the end of the school term. There were no recall rights for non-tenured teachers, and recall rights for tenured teachers were based on reverse order of reduction into vacancies for which they were qualified.
Beginning with the 2011-12 school term, ALL teachers shall receive a forty-five (45) calendar day notice prior to the end of the school term when being laid off or reduced in force. Replacing the prior statutory requirement (to first reduce teachers that had not obtained tenure), is a requirement to place all teachers into four performance groups based on the last two summative PERA (Performance Evaluation Reform Act) evaluations.
The four groups, in order of most to least vulnerable, are as follows:
Group 1 |
Non-tenured teachers with no summative evaluation;
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Group 2 |
Teachers with “unsatisfactory” or “needs improvement” in one of the last two summative evaluations;
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Group 3 |
Consistently “proficient” or “satisfactory” teachers; and
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Group 4 |
Highest performing teachers (defined by joint teacher administration committee of representation). If committee does not agree, teachers with two “excellent” evaluations or two “excellent” evaluations in the last three.
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Teachers must be dismissed in order of their groups: Group 1 teachers are dismissed first and Group 4 are the last to be dismissed.
Existing collective bargaining agreements with reduction in force sequence are grandfathered until expiration or until June 30, 2013, whichever is earlier. Thus, reductions in force should not occur according to groups until the 2012-2013 school year effective for the 2013-2014 year.
Further explanation of dismissal is as follows:
| Within Group 1 |
The dismissal sequence must be at the discretion of the district.
|
| Within Group 2 |
The dismissal sequence must be based on the average performance evaluation ratings. The lowest average subgroup is reduced first.
Should teachers within Group 2 have the same average performance evaluation rating, teachers with the shorter length of continuing service must be dismissed first unless an alternative method of determining the dismissal sequence is established in a collective bargaining agreement. |
| Within Groups 3 & 4 |
Teachers with the shorter length of service are dismissed first unless there is an alternative method of determining the dismissal sequence is established in a collective bargaining
agreement.
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On or before December 1, 2011, a joint committee composed of equal representatives appointed by the Board and Union must convene for the purposes of considering and agreeing to criteria for the placement of teachers into Groups 2-4. A majority vote among the joint committee must be obtained on these criteria or the dismissal order described above will prevail. The Joint Committee must reach agreement on the matter on or before February 1 of a school year in order for the agreement of the joint committee to apply to the sequence of dismissal for that school year. However, legal and district qualifications must be included in job descriptions by May 10th prior to the school year when RIF notices are sent.
