Grounds and Rationale for a Reduction in Force
The reason and rationale for the implementation of a reduction in force (RIF) is due to the anticipated reduction in funding the school system shall incur for the 2011/2012 school year. Decreased funding means that the Board of Education currently anticipates a significant decline in their financial resources brought about by a reduction in funding from local, state and federal revenue sources and that such a decrease shall render the school system unable to continue existing programs at current levels.
The selection of employees for RIF shall be made taking into account the maintenance of a sound and balanced educational program that is consistent with the functions and
responsibilities of the school system and that maintains the continuity and stability of existing programs. This process shall be implemented in accordance with Board of Education Policies 6610 and 6620.
RIF Process
Licensed Employees
For purposes of a RIF, licensed employees shall be grouped as follows:
• Pre-K - 5 elementary school teachers.
• 6-8 middle school teachers grouped separately by licensure areas (Example - middle school Social Studies teachers)
• 9-12 high school teachers grouped separately by licensure areas (Example - high school Math teachers)
• K-12 teachers grouped separately by special subject licensure areas (Example – all Physical Education teachers in the school system) • Career Technical teachers grouped separately by licensure areas
(Example – Electrical Trades teachers)
• Special service personnel and administrators grouped separately by licensure or assignment areas.
(Example – assistant principals, supervisors, instructional specialists)
• Employees with multiple licenses shall be grouped in the current area of assignment in which they work more than 50% of their instructional day.
The RIF of licensed employees shall be based on the following criteria listed in order of priority:
1. Normal attrition (resignations, retirements, non-renewals, time certain contracts) shall be considered prior to any RIF in licensed employees.
2. Probationary and career employees shall be RIFed if they have either failed to satisfactorily complete an Action Plan or were placed on an Action Plan for the second time during their past three years of employment with New Hanover County Schools.
3. Special service personnel and administrators grouped singularly or separately by licensure, program or assignment areas. Special services personnel and
administrators shall be RIFed or involuntarily transferred based on the need to reduce positions due to reorganization of their specific program or assignment area. 4. The least senior probationary employees within their designated licensed employee
groups shall be RIFed based on their length of full-time service beginning with their first day of work with New Hanover County Schools. A year of service shall be defined as not less than 180 days during a normal fiscal year.
5. The least senior career employees within their designated licensed employee groups shall be RIFed based on their length of full-time service beginning with their first day of work with New Hanover County Schools. A year of service shall be defined as not less than 180 days during a normal fiscal year.
6. If it is determined that an individual employee’s degree, license, or professional experience provides for the continuity and stability of an existing program and that retaining that employee is necessary in order to continue the operation of that program or that a specific job cannot be replaced by another employee due to the specific skills needed for completion of the work, that employee shall not be RIFed. The decision not to RIF an employee based on these factors shall be made by the Division of Human Resources.
Prior to a RIF being taken, written notice shall be provided to all licensed employees by certified mail or personal delivery of the recommendation and the basis for which such action is justified. The written notice shall also provide teachers having obtained career status of their right to request a hearing before the Board, as provided by G.S. 115C-325(e)(2). Once the RIF process is completed, the Division of Human Resources shall recommend to the Superintendent all licensed employees to be involuntarily transferred into vacancies which exist due to the RIF.
A. If special service personnel or administrators are assigned to a teaching position, their rate of pay shall be commensurate with their current salary and shall be frozen at that rate until such a time as the regular state teacher salary schedule equals their current salary.
B. If special service personnel or administrators are assigned to a teaching position, their salary shall be commensurate with the state teacher salary schedule already
Assistant Principals
Based on the system’s anticipated funding loss, all assistant principals shall be considered as part of the same pool for the RIF irrespective of their renewal cycle or their current contract status. All RIFed assistant principals shall be placed in a teaching position based on their current teaching license. In order to be placed in a teaching position, the RIFed assistant principal must have achieved career status as a teacher with our school system.
A. If assistant principals are assigned to a teaching position, their rate of pay shall be commensurate with their current assistant principal salary and shall be frozen at that rate until such a time as the regular state teacher salary schedule equals their assistant principal salary.
B. If assistant principals are assigned to a teaching position, their salary shall be commensurate with the state teacher salary schedule already established for that position.
The statutory process for the non-renewal or termination of an assistant principal’s contract during the contract period shall be followed.
Classified Employees
The RIF of classified employees shall be based on the following criteria listed in order of priority:
:
1. Normal attrition (resignations, retirements, non-renewals, time certain contracts) shall be considered prior to any RIF in classified employees.
2. Classified employees who have been placed on a disciplinary suspension without pay for more than three (3) work days within the last two (2) school years or who, during the current school year, either failed to satisfactorily complete an Action Plan or were placed on an Action Plan for the second time during their past three years of
employment with New Hanover County Schools.
3. The least senior classified employees in their system-wide or specifically designated program or department groups shall be RIFed based on their length of full-time service beginning with their first day of work with New Hanover County Schools. The
measurement of length of service applies only to years in which an employee has been employed by New Hanover County Schools. A year of service shall be defined as not less than 180 days during a normal fiscal year.
4. In situations where the program or department undergoes reorganization, the program or department supervisor shall recommend to the Division of Human Resources
classified employees for RIF.
5. If it is determined that a classified employee’s degree, license, or professional experience provides for the continuity and stability of an existing program and that retaining that employee is necessary in order to continue the operation of that program or that a specific job cannot be replaced by another employee due to the specific skills
needed for completion of the work, that employee shall not be RIFed. The decision not to RIF an employee based on these factors shall be made by the Division of Human Resources.
Written notice shall be provided by mail or personal delivery to all classified employees affected by the RIF.
Once the RIF process is completed, the Division of Human Resources shall recommend to the Superintendent all classified employees to be involuntarily transferred into vacancies which exist due to the RIF.
Rehire Process
Probationary Teachers
If the Board votes to non-renew the contract of probationary teachers based on a RIF, the probationary teachers shall have the right to apply for any future positions which become available in their licensure area. When considering such applications, the school system shall consider, among other factors, the prior performance of the teacher. There is no guarantee of re-employment.
Career Employees
If the Board votes to RIF career employees, the career employee’s name shall be placed on a list of available career employees to be maintained by the Board and shall have priority on all positions in which they have acquired career status or are otherwise licensed to hold that become available in the school system for the three consecutive years following their RIF. When considering the order of return to employment for career employees, the school system shall consider the license area need first, prior performance of the employees within the licensure group second, and the seniority of the employees within the licensure group third. However, if the school system offers career employees a position for which they are licensed to hold and they refuse the position, their names shall be removed from the priority list. RIFed licensed employees may apply for any vacant position available within the school system and shall be considered for employment in that position. If RIFed licensed employees are rehired in lower or higher salary schedule positions, their salary shall be commensurate with the salary schedule already established for that position.
Classified Employees
All RIFed classified employees, unless they are RIFed due to poor performance or for disciplinary reasons, shall have their names placed on a list of classified employees to be maintained by the school system for three (3) consecutive years following the RIF.
When considering the order of return to employment for classified employees, the school system shall consider the program area need first, prior performance of the classified employees within the program group second, and the seniority of the classified employees within the program group third.
Such classified employees shall have priority for any position that becomes vacant for which they are qualified. However, if the school system offers RIFed classified employees a position for which they are qualified and they refuse the offer, their names shall be removed from the priority list.
Though RIFed classified employees may not “bump” classified employees in a lower or higher salary grade, they may apply for any vacant position available within the school system and shall be considered for employment in that position. If RIFed classified employees are rehired in lower or higher salary schedule positions, their salary shall be commensurate with the salary schedule already established for that position.
