Know Your Contract
Reduction in Force (RIF)
Our school has not met AYP and is in danger of being “blown up.” When a school is “blown up,” the school is converted to a charter school and all district employees are laid off. Because of NCLB, all schools will be in this position over the next 8 years. What will happen to me when this happens?
WEA Teachers have their rights to continued employment specified in:
ARTICLE 13 – Reduction in Force
Article 13-1 The Board may cancel the employment contracts of teachers without penalty to the District when the Board, in its sole discretion, determines that there has been a justifiable decrease in the number of teaching positions within a particular endorsement area, the contracts of teachers employed under letters of authorization, and probationary teachers shall be cancelled or non-renewed before the employment contracts of non-probationary teachers are canceled.
13-1-1 The Board further agrees that teacher employment contracts will not be canceled at mid-year.
Article 13-2 The employment contracts of non-probationary status teachers within a particular endorsement area shall be canceled-in the reverse order of such teacher’s seniority in the District.
WEA ESP Staff have the following rights which are specified in:
ARTICLE 9 - Reduction in Force
Article 9-1 If the Board of Education is going to consider the reduction in the number of positions within the bargaining unit, it shall first notify WEA of its desire to explore such a reduction. WEA and District representatives shall meet within ten (10) days of such notification to discuss the potential reduction in force. The parties will explore the need for the reduction and any alternatives.
Article 9-2 In the event the Board decides to move ahead with the implementation of a reduction in force, the Board may institute a reduction in force in any department or division when it deems it necessary. In the event that a reduction in the number of positions within a given department or division is necessary, the District shall provide thirty (30) days written notice to the affected employees.
Article 9-3 Normal attrition, volunteers, and probationary staff shall be considered prior to any staff reductions, after which staff reductions shall be based on job performance and length of service with the District.
Article 9-4 Employees who are separated as the result of a reduction in force shall be placed on a layoff list, which shall be maintained by the District; and such employees shall have a right to recall to the position they previously held if such positions become available for the period of eighteen (18) months from the date of layoff.
As with many other rights you have under the contract, the district is not obligated to inform you of your rights. It is up to you to Know Your Contract.
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This page was last updated on 11/13/2008
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