3.4—LICENSED PERSONNEL REDUCTION IN FORCE
SECTION ONE
The School Board acknowledges its authority to conduct a reduction in force (RIF) when a decrease in enrollment or other reason(s) make such a reduction necessary or desirable. A RIF will be conducted when the need for a reduction in the workforce exceeds the normal rate of attrition for that portion of the staff that is in excess of the needs of the district as determined by the superintendent.
In effecting a RIF, the primary goals of the school district shall be: what is in the best interests of the students; to maintain accreditation in compliance with the Standards for Accreditation of Arkansas Public Schools and/or the North Central Association; and the needs of the district. A RIF will be implemented when the superintendent determines it is advisable to do so and shall be effected through non-renewal, termination, or both. Any RIF will be conducted by evaluating the needs and long- and short-term goals of the school district and by examining the staffing of the district in each licensure area and/or, if applicable, specific grade levels.
If a RIF becomes necessary in a licensure area or specific grade level(s), the RIF shall be conducted for each licensure area and/or specific grade level on the basis of each employee’s points as determined by the schedule contained in this policy. The teacher with the fewest points will not be recommended for renewal or will be terminated first. There is no right or implied right for any teacher to “bump” or displace any other teacher except when permitted by policy 8.30. It is each teacher’s individual responsibility to ensure their point totals are current in District files.
Points
Most recent summative evaluation rating (If the employee has not received a summative evaluation at the District, the district where the employee was employed prior to the District shall be contacted for the employee’s most recent summative evaluation:
- 4 points—Received a “highly effective” rating
- 3 points – Received a “effective” rating
Holds a license along the teacher career continuum:
- 2 point – Lead Professional Educator license
- 3 points – Master Professional Educator License
Graduate degree in any area of licensure in which the teacher will be ranked (only the highest level of points apply)
- 1 point—Master’s degree
- 2 points—Master’s degree plus thirty additional hours
- 3 points—Educational specialist degree
- 4 points—Doctoral degree
- National Board of Professional Teaching Standards certification—3 points
- Additional academic content areas of endorsement as identified by the State Board—1 point per area
- Licensure for teaching in a State Board identified shortage area—2 points
- Multiple areas and/or grade levels of licensure as identified by the State Board—1 point per additional area or grade level as applicable. For example, a P-4 license or a 5-8 social studies license is each worth one point.
When the District is conducting a RIF, all potentially affected teachers shall receive a listing of licensed personnel with corresponding point totals. Upon receipt of the list, each teacher has ten (10) working days within which to appeal their assignment of points to the superintendent whose decision shall be final. Except for changes made pursuant to the appeals process, no changes will be made to the list that would affect a teacher’s point total after the list is released.
A teacher with full licensure in a position shall prevail over a teacher with greater points but who is lacking full licensure in that subject area. “Full licensure” means an initial, or standard, non-contingent license to teach in a subject area or grade level, in contrast with a license that is provisional; temporary; conditional on the fulfillment of additional coursework or passing exams or any other requirement of the Division of Elementary and Secondary Education, other than the attainment of annual professional development training or teaching under a waiver from licensure.
In the event of a tie between two (2) or more employees, the employee(s) shall be retained based on the following:
- An employee with a summative rating of “highly effective” shall be retained over an employee with a summative rating of only “effective”.
- If both employees have the same summative rating, the employee whose name appears first in the Board minutes to be hired shall be retained.
Pursuant to any RIF brought about by consolidation or annexation and as a part of it, the salaries of all teachers will be brought into compliance, by a partial RIF if necessary, with the receiving district’s salary schedule. Further adjustments will be made if the length of the contract or job assignments changes. A Partial RIF may also be conducted in conjunction with any job reassignment whether or not it is conducted in relation to annexation or consolidation.
There shall be no right of recall for any teacher.
SECTION TWO
The employees of any school district which annexes to, or consolidates with, the West Fork School District will be subject to dismissal or retention at the discretion of the school board, on the recommendation of the superintendent, solely on the basis of need for such employees on the part of the West Fork School District, if any, at the time of the annexation or consolidation, or within ninety (90) days after the effective date of the annexation or consolidation. The need for any employee of the annexed or consolidated school district shall be determined solely by the superintendent and school board of the West Fork School District.
Such employees will not be considered as having any seniority within the West Fork School District and may not claim an entitlement under a RIF to any position held by a West Fork School District employee prior to, or at the time of, or prior to the expiration of ninety (90) days after the consolidation or annexation, if the notification provision below is undertaken by the superintendent.
The superintendent shall mail, email, or have hand-delivered the notification to such employee of the superintendent’s intention to recommend the employee not be renewed or be terminated pursuant to a RIF within ninety (90) days of the effective date of the annexation or consolidation in order to effect the provisions of this section of the West Fork School District’s RIF policy. Any employees who were not renewed or were terminated pursuant to Section Two are not subject to recall. Any such employees shall be paid at the rate for each person on the appropriate level on the salary schedule of the annexed or consolidated district during those ninety (90) days and/or through the completion of the RIF process.
This subsection of the RIF policy shall not be interpreted to provide that the superintendent must wait ninety (90) days from the effective date of the annexation or consolidation in order to issue a notification of the superintendent’s intention to recommend dismissal through RIF, but merely that the superintendent has that period of time in which to issue a notification so as to be able to invoke the provisions of this section.
The intention of this section is to ensure that those West Fork School District employees who are employed prior to the annexation or consolidation shall not be displaced by employees of the annexed or consolidated district by application of the RIF policy.
Legal Reference: A.C.A. § 6-17-2407
Date Adopted: May 11, 2009
Last Revised: May 18, 2023
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