Reduction in Force POLICY NO: 455A

When the board determines that it is in the best interest of this school district to reduce the number of contracted certificated employees because of a financial emergency and/or decrease in enrollment, a reduction in force may occur.

If it is determined necessary by the board to reduce the number of certificated staff members, the board shall 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 that may be available to the board at that time.

The terms for a reduction in force shall include:

1. Staff reduction procedures shall apply only to contracted, certificated personnel.
2. Staff reduction will be based on seniority, certification, and endorsement held at the time of implementation of reduction in force. Employees reduced under this policy shall be presumed to have been performing satisfactorily.
3. Seniority will be determined by continuous service in this district from the first contract day of the school term in which the certificated employee was hired. In determining seniority, the Military Duty policy shall be followed. Certificated employees hired during the course of an ongoing school term shall have their seniority determined from the first day of job employment. Personnel on approved leave shall be considered as having remained on continuous service. However, the time period in which the individual was on leave shall not be counted in the years of total service unless the individual meets the terms set forth in the military leave policy. Those employees hired on a less than full-time basis will have seniority computed proportionately to the term of their contract, i.e., one half time contract equals one half year of service.
4. Seniority shall be determined by data obtained from the official records of certificated staff members on file in the district as of the date that the board implements the reduction for its policy period.
5. If two (2) certificated employees have the same continuous service, the following sequence shall be followed until the tie is broken:

1. Total contracted service in the school district;
2. Contracted service in other public and/or private schools as a certificated school employee;
3. Highest educational status held at the time of implementation of this policy;
4. Highest educational status attained from the salary schedule;
5. The greatest number of college credits.

Any certificated employees having identical seniority after following the above-stated sequence shall draw lots for places in any available teaching positions for which they qualify.

6. Any employee affected by the reduction in force shall be allowed to compete with other similarly situated employees for any and all positions for which they are qualified. 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 seniority criteria as set forth above, but rather may select an individual it deems to be the most qualified individual for that position.
7. Those individuals on a renewable contract who are affected by the implementation of this reduction in force policy shall be notified in writing of the non-renewal of their contract not later than the twenty fifth (25th) day of May. For those individuals on annual contracts affected by the implementation of this reduction in force policy, notice shall be given in writing no later than the fifteenth (15th) day of June.
8. Any certificated employee laid off pursuant to this policy shall have recall rights for three (3) calendar years from the effective date of the layoff. Such recall rights or opportunities shall also be based upon seniority and shall recur in the reverse order of the layoff. When the district determines that a position is available for which an individual is qualified, the district shall attempt to contact the former employee for a period of seven (7) days by person and/or certified mail. The employee shall have ten (10) days after being contacted to accept or reject in writing the contract offer. If the district is unsuccessful in contacting the employee during the seven (7) days, or if the employee rejects the contract offer, the employee forfeits any future recall rights and the district shall offer the position to the next qualified person on the recall roster. It shall be the responsibility of each former employee on the recall roster to provide a current mailing address, place of residence, and telephone number, or other means by which to contact the former employee.
9. 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 layoff and for additional college course work completed.
10. Any employee wishing to challenge the district's determination of seniority using the criteria set forth above, must file a written challenge within ten (10) days of notification of seniority. The superintendent or his/her designee shall review the written objection and the criteria used in making the initial determination. If it is determined that seniority has been appropriately determined, the determination is final. If it is determined that an error was made in calculating seniority, any other employee or prior employee adversely effected shall be notified of the change.

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ADOPTED: June 18, 1996

LEGAL REFERENCE:

Idaho Code Sections
33-514
33-515