DFF - TERM CONTRACTS: REDUCTION IN FORCE

APPLICABILITY

This policy shall apply only to reductions in force of contractual employees when the reduction in force requires the termination of:

  1. A contract governed by Chapter 21 of the Education Code in the following circumstances:
    1. A probationary contract during the contract period,
    2. A term contract during the contract period, or
    3. A term contract at the end of the contract period.
  2. A contract not governed by Chapter 21 of the Education Code during the contract period.

This policy shall not apply to termination at any time of at-will employment (see TSBVI Board Policy DCDA); termination of a probationary contract at the end of the contract period; or termination at the end of a contract period of a contract not governed by Chapter 21 of the Education Code [see TSBVI Board Policy DCE].

DEFINITIONS

Definitions used in this policy are as follows:

  1. "Financial exigency" shall mean any event or occurrence that creates a need for the School to reduce financial expenditures for personnel including, but not limited to, a decline in the School's financial resources, a decline in enrollment, a cut in funding, or an unanticipated expense or capital need.
  2. "Program change" shall mean any elimination, curtailment, or reorganization of a curriculum offering, program, or school operation. The term shall include, but not be limited to, a change in curriculum objectives, a modification or reorganization of staffing patterns, a redirection of financial resources to meet the educational needs of the students, or a lack of student response to particular course offerings, legislative revisions to programs.

GENERAL GROUNDS

A reduction in force may take place when the Board determines that a financial exigency or a program change requires the discharge or nonrenewal of one or more employees. Such a determination constitutes sufficient cause for discharge or nonrenewal .

Education Code 21.211(a)(2)

SCOPE OF REDUCTION

When a reduction in force is to be implemented, the Superintendent may assist the Board by making recommendations to the Board regarding the employment areas to be affected. In determining affected employment areas, the Board may combine or coordinate employment areas, as defined below.

EMPLOYMENT AREAS

A reduction in force may be implemented in one, several, or all employment areas. Employment areas shall be defined as:

  1. Comprehensive Programs Instruction including but not limited to the sub-areas of Lead Teaching, Behavior Support, Self-Contained Instruction, Art Instruction, Music Instruction, Physical Education, other subject matter instruction and Instructional Substitute. Each sub-area is a separate employment area.
  2. Comprehensive Programs Related Services including but not limited to the sub-areas of Occupational Therapy, Physical Therapy, Music Therapy, Educational Diagnostic Services, Psychological Services, Social Work Services, Orientation and Mobility Services, and Speech Language Therapy Services. Each sub-area is a separate employment area.
  3. Special Programs
  4. Outreach Program including but not limited to the sub-areas of Education of Students with Visual Impairments, Education of Students Who Are Deafblind, Teacher Preparation, and Technology. Each sub-area is a separate employment area.
  5. Administrative Positions including but not limited to Principal, Assistant Principal and Program Director.

CRITERIA FOR DECISIONS

Using the following criteria, the Superintendent shall recommend to the Board employees within the affected employment area(s) for discharge or nonrenewal because of a reduction in force.

  1. Certification: Appropriate certification and/or endorsement for current or projected assignment.
  2. Performance: Effectiveness as reflected by appraisal records and other written evaluative information.

If the Superintendent in his or her discretion decides that the documented performance differences between two or more reduction in force prospects are too insubstantial to rely upon, he or she may proceed to apply criteria 3 and, thereafter and to the extent needed, criterion 4.

  1. Seniority: Length of service at the School (this criterion does not require that the service be continuous).
  2. Professional Background: Professional education and work experience related to the current or projected assignment.

CONSIDERATION FOR AVAILABLE POSITIONS

After the Superintendent has identified the appropriate employees in the affected area(s), those employees shall be considered for other available positions for which they are qualified up to the date of a hearing requested in accordance with the provisions below.

NOTICE AND HEARING

After considering the Superintendent's recommendation, and if no vacancies exist for which the identified employees are qualified, the Board shall determine the employees to be proposed for discharge or nonrenewal, as appropriate. The Superintendent shall provide each employee written notice of the proposed action, including a statement of the reason(s) requiring such action and notice that the employee is entitled to a hearing.

NONRENEWAL

An employee receiving a notice of proposed nonrenewal may request a hearing in accordance with TSBVI Board Policy DFBB.

DISCHARGE

An employee receiving notice of proposed discharge during the period of a contract governed by Chapter 21 of the Education Code may request a hearing before an independent hearing examiner in accordance with TSBVI Board Policy DFD.

An employee receiving notice of proposed discharge during the period of an employment contract not governed by Chapter 21 of the Education Code may request a hearing before the Board or its designee in accordance with TSBVI Board Policy DCE.

Adopted: 5/14/83
Amended: 5/29/87, 9/27/91, 11/18/94, 11/17/95, 5/24/96, 3/21/97, 1/24/02, 5/28/03
Reviewed:

DFF - 3 of 3

Search for a Policy
Policy Index Pages A B C D E F G

The URL of this page is: www.tsbvi.edu/policy/dff.htm