DFFB(LOCAL) - REDUCTION IN FORCE: PROGRAM CHANGE
This policy shall apply when a reduction in force due to a program change requires the nonrenewal of a term contract. A program change may be due to, for example, a redirection of resources; efforts to improve efficiency; a change in enrollment; a lack of student response to particular course offerings; legislative revisions to programs; or a reorganization or consolidation of two or more individual schools, departments, or school districts.
Definitions used in this policy are as follows:
- "Program change" shall mean any elimination, curtailment, or reorganization of a program, department, school operation, or curriculum offering, including, for example, a change in curriculum objectives; a modification of the master schedule; the restructuring of an instructional delivery method; or a modification or reorganization of staffing patterns in a department, on a particular campus, or District-wide.
- "Nonrenewal" shall mean the termination of a term contract at the end of the contract period.
A reduction in force may take place when the Superintendent recommends, and the Board approves a program change. A determination of a program change constitutes sufficient reason for nonrenewal.
When a reduction in force is to be implemented, the Superintendent shall recommend the employment areas to be affected.
Employment areas may include, for example:
- Elementary grades, levels, subjects, departments, or programs.
- Secondary grades, levels, subjects, departments, or programs, including career and technical education subjects.
- Special programs, such as gifted and talented, bilingual/ESL programs, special education and related services, compensatory education, or migrant education.
- Disciplinary alternative education programs (DAEPs) and other discipline management programs.
- Counseling programs.
- Library programs.
- Nursing and other health services programs.
- An educational support program that does not provide direct instruction to students.
- Other District-wide programs.
- An individual campus.
- Any administrative position, unit, or department.
- Programs funded by state or federal grants or other dedicated funding.
- Other nonteaching staff.
- Professional employees holding temporary certificates or permits.
- Other contractual positions.
The Superintendent's recommendation may address whether any employment areas should be:
- Combined or adjusted (e.g., "elementary programs" and "compensatory education programs" can be combined to identify an employment area of "elementary compensatory education programs"); and/or
- Applied on a District-wide or campus-wide basis (e.g., "the counseling program at [named elementary campus]").
The Board shall determine the employment areas to be affected.
Criteria for Decision
The Superintendent or designee shall apply the following criteria to the employees within an affected employment area when a program change will not result in the nonrenewal of all staff in the employment area. If there is only one individual in the identified employment area or if all individuals in the employment area will be affected by the reduction in force, there is no need to apply the criteria to the individual(s) in the affected employment area(s). The criteria are listed in the order of importance and shall be applied sequentially to the extent necessary to identify the employees who least satisfy the criteria and therefore are subject to the reduction in force. For example, if all necessary reductions can be accomplished by applying the first criterion, it is not necessary to apply the second criterion, and so forth.
- Performance: Effectiveness, as reflected by the most recent formal appraisal and, if available, consecutive formal appraisals from more than one year [see DNA] and any other written evaluative information, including but not limited to disciplinary information from the last 36 months. If the Superintendent or designee at his or her discretion decides that the documented performance differences between two or more employees are too insubstantial to rely upon, he or she may proceed to apply the remaining criteria in the order listed below.
- Extra Duties: Currently performing an extra-duty assignment, such as department or grade-level chair, band director, athletic coach, or activity sponsor. In making the determination of whether this criterion applies, the Superintendent or designee may consider whether a replacement may be found from among campus members who are not subject to the reduction in force and who can perform these duties at the same level.
- Professional Background: Professional education and work experience related to the current or projected assignment.
- Seniority: Length of continuous service in the District, as measured from the employee's most recent date of hire.
The Superintendent shall recommend to the Board the nonrenewal of the identified employees within the affected employment areas.
After considering the Superintendent's recommendations, the Board shall determine the employees to be proposed for nonrenewal, as appropriate. If the Board votes to propose nonrenewal of one or more employees, the Board shall specify the manner of hearing in accordance with DFBB(LOCAL).
The Superintendent or designee shall provide each employee written notice of the proposed nonrenewal. The notice shall include a statement of the reason for the proposed action and notice that the employee is entitled to a hearing of the type determined by the Board.
Consideration for Available Positions
An employee who has received notice of proposed nonrenewal may apply for available positions for which he or she wishes to be considered. The employee is responsible for reviewing posted vacancies, submitting an application, and otherwise complying with District procedures to be considered for a particular vacancy.
An employee proposed for nonrenewal under this policy shall be considered for positions for which he or she applies and is qualified up until:
- Final action by the Board to end the employee's contract, if the employee does not request a hearing.
- The evidentiary hearing by the independent hearing examiner, the Board, or other person designated in DFBB(LOCAL), if the employee requests a hearing.
An employee receiving notice of proposed nonrenewal of a term contract may request a hearing in accordance with DFBB.
If the employee requests a hearing, the Board shall take final action after the hearing in accordance with DFBB and shall notify the employee in writing.
No Hearing Requested
If the employee does not request a hearing, the Board shall take final action in accordance with DFBB and shall notify the employee in writing.