4052 Reduction in Force
DEFINITIONS
For the purpose of this policy, the following terms having the meanings indicated:
(a) “Teacher” means any person holding a valid certificate or license who is employed to serve as classroom teacher, counselor, librarian, school nurse, or in any other certified instructional capacity.
(b) “Financial Exigency” means any significant decline in the Board of Education’s financial resources that is brought about by decline in enrollment or by other action or events that compel a reduction of the school’s current or future operating budget.
(c) “Program Change” means any elimination, curtailment, or reorganization of a curriculum offering, program, or school operation or a reorganization or consolidation of two or more individual schools or school districts that is unrelated to financial exigency.
(d) “Declining Enrollment” means any significant decrease in the school district’s enrollment which may affect the school district’s allocation of funds in future years and/or the necessity of maintaining certain class sections or offerings.
GENERAL GROUNDS FOR NON-REEMPLOYMENT
Reemployment may be denied when the Board decides that due to (i) a financial exigency, or (ii) a program change for institutional reasons, or (iii) a decline in enrollment, the Board cannot enter into contractual obligations to one or more teachers for a future school year.
NOTIFICATION OF ASSOCIATION
When the Board of Education determines reduction-in-force is possible, it will notify the association president in writing that reduction-in-force is being considered.
SUPERINTENDENT’S RECOMMENDATION
Upon receipt of the Board’s preliminary determination regarding the necessity of a reduction-in-force, or upon his/her own volition, the Superintendent shall submit to the Board a written recommendation for terminating the employment of particular teachers. In making this recommendation, he/she shall not be limited to considering only teachers in the areas or programs designated by the Board in its initial resolution. He /she shall not make this recommendation until he/she has consulted with each principal in whose school or unit a termination is proposed.
A recommendation of the Superintendent shall take into consideration the criteria set out herein. In the absence of a recommendation from the Superintendent pursuant to this section, or when the Board of Education chooses not to accept the Superintendent’s recommendation the Board may act without such recommendation.
CRITERIA
For affected teachers, the primary consideration in effectuating any reduction-in-force, i.e., a reduction in the number of certified positions, shall be the ratings of teachers as measured pursuant to the Teacher Leader Evaluation. Secondarily, the Superintendent shall consider the priority of programs and the maintenance of a sound and balanced educational program that is consistent with the functions and responsibilities of the school district.
If normal attrition does not sufficiently reduce the staff and after considering the primary and secondary considerations above, the determination to non-renew the employment of certified employees shall be based on the following criteria:
* Probationary Teachers
-
Certification
-
Years of Service in the District
* Career Teachers
-
Seniority in the District
-
Length of Service in Current Assignment Total Number of Years Teaching Experience
-
Academic and Professional Preparation beyond Minimum Certification Requirements
* Superintendent’s Recommendation
-
If the application of the above criteria does not identify the employee for RIF, then the Superintendent shall review the records contained in the official personnel files to identify the employee for RIF.
NOTICE TO INDIVIDUAL TEACHERS
Notice to affected teachers will be accomplished according to applicable Oklahoma law as outlined in UCTA 4050 in the section entitled “Procedure for Dismissal or Nonreemployment - Hearing and Appeal Rights.”
REEMPLOYMENT OR OTHER EMPLOYMENT
Probationary and career teachers who are released because of a reduction-in-force will have priority in filling vacancies and new positions for which they are qualified and have teaching experience. Teachers who are reduced from the staff shall be automatically placed on the recall list for a period of one (1) year with the option to be continued on the list for a second year. A recalled teacher may refuse one offered position and remain on the recall list: however, a second refusal will result in the individual’s being dropped from the recall list. To remain on the recall list for the second year, the individual must so notify the Superintendent, or the Superintendent’s designee, by registered mail, return receipt requested, on or before May 1 of the first year that the employee is on the list.
Reemployment of teachers will be in reverse order of dismissal following the criteria under Section 5 of this policy to the extent possible.
PUBLICATION OF POLICY
This policy and any amendments to this policy shall be distributed to all “teachers” as defined in Section 1 above.
Revised 6/10/96 UCTA 4052
Revised 12/8/97
Revised 1/13/03
Revised 12/10/07
Revised 12/10/12