RCPS School Board Policy GCPA, Reduction in Professional Staff Work Force, directs that the School Board may reduce the number of teachers due to budget reduction or adjustment, consolidation of schools, phasing out of programs, decreasing enrollment, a

ADMINISTRATIVE DIRECTIVE GCPA—6/09

Reduction in Professional Staff Work Force

TO: All Rockingham County School Professional Staff Employees

FROM: Carol S. Fenn, Ed.D., Division Superintendent

DATE: June 1, 2009

RCPS School Board Policy GCPA, Reduction in Professional Staff Work Force, directs that the School Board may reduce the number of teachers due to budget reduction or adjustment, consolidation of schools, phasing out of programs, decreasing enrollment, and/or abolition of particular subjects. Policy GCPA provides specifically as follows:

REDUCTION IN PROFESSIONAL STAFF WORK FORCE

A decrease in enrollment, a budget reduction or adjustment, a consolidation of schools, the phasing out of programs, departments or grade levels and other conditions may cause a reduction in the number of needed staff.

The School Board may reduce the number of teachers, whether or not such teachers have reached continuing contract status, because of decrease in enrollment or abolition of particular subjects. In making a reduction in force, all teachers will be treated as though they had not reached continuing contract status.

Reduction in force will be made by applying the following criteria:

1. The licensure or other qualification of the employee and corresponding curricular or other needs of the school division;

2. The employee’s performance evaluations; and

3. The recommendation of the Division Superintendent.

Legal Refs.: Code of Virginia, 1950, as amended, sections 22.1-70, 22.1-78, 22.1-304, 22.305(G)

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Policy GCPA explicitly and implicitly offers the following criteria to be applied to a reduction in force: the programmatic, operational and other needs of the school division, licensure and other qualifications of the individual that include performance, and the recommendation by the Division Superintendent or designee.

Accordingly, in interpreting and implementing any Reduction in Force (RIF), the following are the Superintendent’s directives related to the Reduction policy, subject to other action of the School Board to effect a reduction in staff or adopt other measures that impact staffing. This directive may be amended in light of changing circumstances that implicate a RIF initiative. Attrition of employees related to retirement, resignation, nonrenewal, or other separation from employment will also be evaluated to the extent that resulting vacancies enable the division to realize other staffing reductions. In addition, consideration will be given to reducing the length of some existing contracts, with notification to those affected as may be proper, as part of the effort to modify or avoid a RIF.

Under the Superintendent’s interpretation and implementation of policy, the term

“teachers” will be deemed to refer to all employees including classroom teachers, support and/or classified employees, and administrators and/or supervisors.

In determining the needs of the school division consistent with the policy, and applying the other express and implied criteria for a RIF, the following guidelines will be utilized by the Superintendent and others involved with implementing a RIF program:

1. Consistent with needs of the school division and to the extent each is needed, positions will be identified for RIF in the following order: Temporary, Part-Time, Full Time.

2. Employees will be evaluated in the following categories:

a. Teachers (and similarly certificated employees)

b. Support or Classified Employees

c. Administrators and Supervisors

3. Enrollment and programs will be reviewed across the school division. Positions will be reduced according to enrollment and program elimination. These considerations will be applied to each of the following levels:

a. Elementary Schools

b. Middle Schools

c. High Schools

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4. Licensure: Consistent with Policy, licensure of employees will be a factor in identifying staff for reduction. Employees without satisfactory licensure or endorsement will be subject to the RIF before those with satisfactory licensure or endorsement.

5. Continuing Contract: Consistent with Policy, continuing contract status will not be a factor in identifying employees to be identified for reduction.

6. Seniority: Consistent with Policy, seniority will not be a factor in identifying employees to be identified for reduction.

7. Performance: Evaluation of employees’ performance will be a factor in identifying staff for a RIF. Such evaluation shall be based on past and current performance, effectiveness, efficiency, and professionalism.

8. Retention: If an employee’s position is reduced or eliminated, that employee may be retained to fill another vacancy for which properly qualified.

9. Recall: A list will be maintained of all employees whose employment is terminated pursuant to a RIF. These employees will be invited to be applicants for vacancies that arise subsequent to their termination.

10. Review: Although a reduction in force or lay off is not grievable, an employee may seek review of the RIF decision by submitting a written request to the Superintend- ent or designee; the decision of the Superintendent or designee shall be final for all purposes. The written request must be submitted to the Superintendent within 10 calendar days of being notified of the decision, specifying particular reasons why the RIF as applied to the employee was an error.

References: Policy GCPA; Va. Const. art. VIII § 7 Virginia Code §§ 22.1-91, 22.1-304(D)-(F) & 22.1-306; Underwood v. Henry County Sch. Bd., 245 Va. 127, 427 S.E.2d 330 (1993).