Louisiana Department of Education                                              Employee Policies

Special School District (SSD)                                                           Effective Date: 8/12/2013

 

Reduction in Force

 

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Applicability

 

This policy applies to unclassified employees of SSD. Layoffs, and layoff avoidance measures, impacting classified employees will be done in accordance with Civil Service Rules and any applicable policy.

 

SSD will implement a reduction in force when the workforce must be reduced greater than can be accomplished through voluntary attrition. A reduction in force may be necessary because of decline in enrollment, budget reduction, position reduction, facility closure, or other reasons.

 

A reduction in force is not necessary for the reduction of temporary or intermittent positions. 

 

Policy

 

It is the policy of SSD to retain the employees who have the greatest positive impact on our students when a reduction in force is necessary.

 

Avoiding a Reduction in Force

 

When a reduction in force is based on funding, the SSD Superintendent may take any or all of the following measures to avoid the necessity for a reduction in force, or to reduce the number of employees impacted by a reduction in force:

 

 

Employees who may be impacted by one of these measures will be notified as soon as reasonably possible.

 

Reduction in Force Plan

 

When reduction in force is necessary, the SSD Superintendent will consider the reason for the reduction (position cuts, budget cuts,…) and the impact of the reduction on our students, and create a plan to implement the required cuts, minimizing disruption to our students.

 

A reduction in force need not be implemented District-wide. For example, if legislation reduces the number of positions in SSP, but not in LSDVI or LSEC, a reduction in force may be implemented only in SSP.

 

The plan will identify:

 

Retaining Employees

 

Teachers and administrators will be retained based on (1) SSD’s need for the teacher’s or administrator’s certification area(s) and (2) performance, as determined by performance evaluations and documented performance, and (3) effectiveness, as determined through applicable Value-Added data or Student Learning Targets. The least effective teacher(s) within each targeted subject area or area of certification will be separated before more effective teachers in the same targeted subject area or area of certification. 

 

Other unclassified employees will be retained based on performance and effectiveness, as determined by performance evaluations and documented performance, and by certification or academic preparation, if applicable.

 

Implementing a Reduction in Force

 

Employees who may be impacted by the reduction in force will be notified, and given a copy of the plan, as soon as reasonably possible.

 

Employees whose positions are eliminated through a reduction in force may be able to “bump” into remaining positions. This option is only available to employees whose last two evaluation ratings have been in the top two tiers of the employee’s performance evaluation system. These employees may only move into positions for which they qualify, which are at the same or a lower level, and which are either vacant or held by employees whose last two evaluation ratings have been in the bottom two tiers of the employee’s performance evaluation system. When an employee has not received two evaluation ratings, the SSD Superintendent will determine how to proceed in order to best serve our students. The SSD Superintendent or designee will determine which position(s) an employee may bump into. The pay of an employee who is placed in a lower position may be reduced.  

 

Priority Rehire

 

An employee who was separated or moved to a lower position, with a cut in pay, through a reduction in force may be placed on a Priority Rehire list. The employee will be on the list for the shorter of two years or the length the employee was in the position that was impacted by the reduction in force. SSP, LSD, LSDVI (Shared Services), LSVI, and LSEC will have separate lists. Employees in LSDVI Shared Services may also be placed on the list for the school (LSD or LSVI) in which they are qualified to serve.

 

 

 

If SSD refills a position that was eliminated in a reduction in force, within two years of the reduction in force, employees who are on the list, who meet the qualifications for the position and apply for it, will receive priority consideration when the position is filled.

 

Review of Reduction in Force Personnel Actions

 

An employee who is affected by a personnel action which results from the implementation of a reduction in force may file a grievance, starting at the second level of the second step of the grievance procedure (directly to the SSD Superintendent), within ten calendar days of receiving notice of the action. Failure to do so will constitute a waiver of any rights the employee may have to challenge the action. Review under this provision will not delay or suspend the implementation of a reduction in force.

 

Exclusiveness and Saving Provisions Regarding Reduction in Force Policy

 

This Reduction in Force Policy is the only procedure that may be used in a reduction in force.  Any issues arising from the application of this Reduction in Force Policy will be considered under the provisions of this policy.

 

If any provision of this policy or the application thereof is held invalid, such invalidity will not affect other provisions of this policy which can be implemented without the invalid provisions and to this end the provisions of this policy are hereby declared severable.