Board Policy 5096

Reduction in Force

In the event that the Board reduces instructional personnel because of diminished resources, decline in program or District enrollment, elimination of programs, or other circumstances determined by the Board of Education to warrant reduction, the primary consideration will be the preservation of the best possible educational programs for the students.

Reduction in Certified Staff:

The position eliminated will be the determining factor, not the teachers occupying those positions.

If a campus program is removed from the District’s curricula and there is only one teacher teaching that program, then that teacher shall be reduced. However, if the reduced teacher is tenured and is certified at the time of the reduction to teach a position held by a non-tenured certified teacher, then such tenured teacher shall be offered (“bump”) the position held by the non-tenured teacher. The replaced non-tenured certified teacher shall then be reduced. No tenured teacher shall “bump” another tenured teacher nor shall a non-tenured teacher “bump” a non-tenured teacher.

If a position is removed from the District’s curricula at a campus and there is more than one tenured teacher teaching that program at that campus, then the following criteria shall be used, in this order, to determine which of those tenured teachers shall be retained and which reduced.

  1. The teacher with the greatest number of years of teaching experience in the retained position in the District shall be given preference over the teacher with the lesser number of years experience in the District.

  2. If the years of teaching experience in the District are equal, then the teacher with the higher certification will be given preference.

  3. If (1) and (2) are the same, then the teacher with the highest step shall be retained.

As stated above, if the tenured teacher who is to be reduced under the above criteria is certified for a retained position held by a non-tenured teacher at either campus, then the tenured teacher shall have the right to replace (“bump”) that non-tenured teacher.

If there is more than one non-tenured teacher in a position being reduced at a campus, the criteria listed above in numbers (1) through (3) concerning tenured teachers will be used in determining which of those non-tenured teachers at that campus will be retained and which will be reduced. The reduced teacher shall not have a right to replace any other non-tenured teacher.

Procedures for Hearing

Teachers who are to be recommended for reduction due to the implementation of a RIF Plan shall have the right to a hearing before the Board of Education. The following procedures shall be used.

  1. The Superintendent shall inform the teacher who might be affected by a reduction in force of the reason(s) for the Recommendation at least 20 days prior to the employee’s hearing before the Board of Education.

  2. The employee shall be given written notice by certified mail of the opportunity to have a hearing before the Board of Education and to present, either orally or in writing, reasons and evidence of why the employee should not be reduced.

  3. If the employee requests a hearing before the Board of Education, the hearing shall be conducted at the next, or next succeeding, Regular Board Meeting or a Special Board Meeting.

Reinstatement of Program, Area or Position:

When a program, area, or position is closed due to the implementation of a RIF Plan, and it becomes feasible to reopen the program, area, or position, the Superintendent may make that Recommendation to the Board of Education.

Amended by the Board of Education at the March 21, 2006 regular meeting.