GCPA-R
REDUCTION IN WORK FORCE – PROFESSIONAL STAFF
The Buena Vista City School Board shall, in its discretion, determine when and if a reduction in professional staff work force (RIF) is necessary. For purposes of this policy, “professional staff” or “professional employee” shall mean those persons employed on a full-time basis and who hold a license as either a teacher, an administrator, and/or supervisor, as defined by the State Board of Education under its rules and regulations. A RIF may be required and implemented because of any one or more of the following conditions affecting school division operations: a decrease in enrollment; insufficient student program demand; abolition of particular subjects; lack of sufficient funding by the appropriating body; declining revenues; a budget reduction or adjustment resulting in decreased or insufficient funds; the consolidation of schools; the phasing out of programs, departments or grade levels; expiration of special grants; and other conditions that may cause a reduction in the number of staff needed in a building, program or department, or in the entire school division.
The School Board may reduce the number of teachers/administrators under this policy, whether or not such employees have attained continuing contract status. In implementing a RIF, the School Board shall treat all teachers/administrators as though they have not attained continuing contract status.
In the event the Superintendent determines that a RIF is necessary and in the best interests of the school division, the Superintendent shall determine and identify those positions, programs and/or endorsement areas where reductions are to be implemented. The Superintendent shall then make specific reduction recommendations to the School Board for consideration and approval.
A. Order of Reduction
1. Program and/or Position Elimination
If the School Board determines, upon recommendation of the Superintendent, that a reduction is necessary and would be best accomplished through program elimination or reduction and/or the elimination or reduction of specific positions (either because the duties of the job shall be eliminated or combined with the duties of some other position(s)), then reduction shall occur by program and/or by specific positions and professional employees employed in such program and/or specific positions shall be reduced.
2. Reduction by Endorsement Areas on a Division-Wide Basis
If the School Board determines, upon recommendation of the Superintendent, that either a further reduction is necessary after eliminating one or more programs or one or more specific positions, or that a reduction is not best accomplished through program elimination or specific position elimination, then reduction shall occur division-wide in endorsement area. In developing a RIF plan division-wide by endorsement area, the Superintendent shall make reduction recommendations by applying the following criteria to all professional employees in an endorsement area in no particular order:
a. The licensure or other qualifications of the employee and the corresponding curricular or other needs of the school division;
b. The employee’s current and previous performance evaluations;
c. The employee’s contribution to the total school program, both curricular and extracurricular;
d. Program or class demand based on enrollment history; and
e. The employee’s seniority.
In developing a proposed RIF plan by endorsement area division-wide, the Superintendent will take into account the above-identified factors to develop a plan that is in the best interests of the school division. No single factor shall be determinative. If the Superintendent determines that two or more employees under consideration for reduction are equal after application of the above-identified criteria, then and only then shall seniority be the determining factor. For purposes of this policy, “seniority” shall be defined in the following order of priority:
a. Total length of continuous service in an endorsement area as a professional employee with the Buena Vista City Public Schools. For purposes of this provision, “continuous service” shall be defined as the period of continuous, uninterrupted service from the date the employee assumed employment duties in his/her current position in the endorsement area required for that position. While time off for approved leaves of absences in excess of twelve (12) weeks shall not count toward total length of accumulated service, such leaves shall not be considered as an interruption of continuous service;
b. Total length of accumulated service in an endorsement area as a professional employee with Buena Vista City Public Schools. While an employee may be credited with service time in multiple endorsement areas, service credit will be earned only for actual service rendered in a given endorsement area;
c. Total years of service as a professional employee in the Commonwealth of Virginia; and
d. Total years of service as a professional employee in the United States.
For purposes of determining “seniority,” for those professional employees who began employment with Buena Vista City Public Schools at the beginning of a school year, service shall be determined to have commenced on the date students first returned to school to begin the school year in which the professional employee was hired. For professional employees who began employment on a date after students first returned to school to begin the school year, service shall be determined to have commenced on the date the professional employee first reported to work. This determination of commencement date of service shall be applied to the determination of both continuous service and accumulated service.
B. Recall
Professional employees released as the result of a reduction in force shall be eligible for recall and reemployment as set forth in this paragraph. Released professional employees shall be offered reemployment as vacancies occur in positions for which the released professional employee is qualified. When a vacancy occurs, recall will be based on the criteria identified in Section A. No new professional employee shall be employed in a vacant position until all properly certified and endorsed professional employees released from employment have been provided with the opportunity of filling the available positions through recall. Pursuant to the provisions of this paragraph, a professional employee shall have the right to be offered a position by recall letter for a period of eighteen months from the date of the professional employee’s release. Such recall letter shall be sent by certified mail. It shall be the responsibility of the professional employee to keep the Human Resources Department informed of the employee’s current address. A professional employee’s eligibility for recall shall automatically terminate at the end of the eighteen (18) month recall period. Eligibility for recall shall also terminate if he or she:
a. Fails to respond affirmatively in writing within ten (10) calendar days after the mailing of a recall letter offering him or her a position;
b. Otherwise indicates in writing that he or she no longer wishes to be considered for recall; or
c. Fails to maintain certification/license requirements.
Professional employees employed in a program funded through special grants or other special sources of funding shall have recall rights to vacancies in the program from which they were released because of a reduction in force. Additionally, such professional employees would also be eligible for recall to a vacancy in the program or area in which he or she was actively assigned prior to serving in the funded position, provided his or her certification is still valid.
Professional employees subject to a reduction in force who are no longer eligible for recall, as provided for in this policy, but who wish to be considered for employment with Buena Vista City Public Schools in the future must reapply for a vacancy in the school division.
BUENA VISTA CITY PUBLIC SCHOOLS
Legal Refs: Virginia Code §§ 22.1-78, 22.1-79, 22.1-304, 22.1-305(G); Virginia Constitution Article VIII; Underwood v. Henry County School Board, 245 Va. 127 (1993).
Policy Revised:2/25/2010
REDUCTION IN WORK FORCE – SUPPORT STAFF
The Buena Vista City School Board shall, in its discretion, determine when and if a reduction in support staff work force (RIF) is necessary. For purposes of this policy, “support staff” or “support employee” is defined to include all employees other than those who are defined as “professional staff” or “professional employee” in Policy ______. A RIF may be required and implemented because of any one or more of the following conditions affecting school division operations: a decrease in enrollment; insufficient student program demand; lack of sufficient funding by the appropriating body; declining revenues; a budget reduction or adjustment resulting in decreased or insufficient funds; the consolidation of schools; the phasing out of programs, departments or grade levels; expiration of special grants; and other conditions that may cause a reduction in the number of staff needed in a building, program or department, or in the entire school division.
In the event the Superintendent determines that a RIF is necessary and in the best interests of the school division, the Superintendent shall determine and identify those positions, programs and/or job titles where reductions are to be implemented. The Superintendent shall then make specific reduction recommendations to the School Board for consideration and approval.
B. Order of Reduction
1. Program and/or Position Elimination
If the School Board determines, upon recommendation of the Superintendent, that a reduction is necessary and would be best accomplished through program elimination or reduction and/or the elimination or reduction of specific positions (either because the duties of the job shall be eliminated or combined with the duties of some other position(s)), then reduction shall occur by program and/or by specific positions and support staff employees employed in such program and/or specific positions shall be reduced.
2. Reduction by Job Title on a Division-Wide Basis
If the School Board determines, upon recommendation of the Superintendent, that either a further reduction is necessary after eliminating one or more programs or one or more specific positions, or that a reduction is not best accomplished through program elimination or specific position elimination, then reduction shall occur division-wide by job title. In developing a RIF plan division-wide by job title, the Superintendent shall make reduction recommendations by applying the following criteria to all support staff employees employed in the same job title in no particular order:
a. The employee’s job performance history and evaluations;
b. The employee’s education, training and experience;
c. The necessity of the position to provide expected and/or essential services and to meet school division goals;
d. The employee’s contribution to the total school program, curricular and extracurricular; and
e. The employee’s seniority.
In developing a proposed RIF plan under this policy, the Superintendent will take into account the above-identified factors to develop a plan that is in the best interests of the school division. No single factor shall be determinative. If the Superintendent determines that two or more employees under consideration for reduction are equal after application of the above-identified criteria, then and only then shall seniority be the determining factor. For purposes of this policy, “seniority” shall be defined in the following order of priority:
e. Total length of continuous service with Buena Vista City Public Schools. For purposes of this provision, “continuous service” shall be defined as the period of continuous, uninterrupted service from the date the employee assumed employment duties in his/her current position. While time off for approved leaves of absences in excess of twelve (12) weeks shall not count toward total length of accumulated service, such leaves shall not be considered as an interruption of continuous service; and
f. Total length of accumulated service as an employee with Buena Vista City Public Schools.
For purposes of determining “seniority,” the commencement date of service for support staff employees shall be the date the support staff employee first reported to work.
B. Recall
Support staff employees shall be eligible for recall and reemployment as set forth in this paragraph. Released employees shall be offered reemployment as vacancies occur in the position they held at the time of reduction. When a vacancy occurs recall will be based on the criteria identified in Section A. All employees subject to recall must remain fully qualified and credentialed, as necessary, to perform the essential functions of the position held at the time of release. No new persons shall be employed in a position until all persons released from such position have been provided with the opportunity of filling the available position. Pursuant to the provisions of this paragraph, an employee shall have the right to be offered a position by recall letter for a period of eighteen (18) months from the date of the employee’s release. Such recall letter shall be sent by certified mail to the employee’s current address. It shall be the responsibility of the employee to keep the Human Resources Department informed of his or her current address. An employee’s eligibility for recall shall automatically terminate at the end of the eighteen (18) month recall period. Eligibility for recall shall also terminate if he or she:
a. Fails to respond affirmatively in writing within ten (10) calendar days after the mailing of a recall letter offering him or her a position;
b. Otherwise indicates in writing that he or she no longer wishes to be considered for recall; or
c. Fails to maintain certification/license requirements, if required, for the position.
Employees subject to a reduction in force who are ineligible for recall into a vacant position under the terms of this policy, but who wish nonetheless to be considered for employment with Buena Vista City Public Schools, must reapply for a vacancy in the school division.
BUENA VISTA CITY PUBLIC SCHOOLS
Adopted: 2/25/2010
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