Policy 4420-1

Seperation

Reduction in Force - Non-Administrative Certificated Employees

Reviewed and affirmed by the Board:  8/25/2020
Last Revision: 
Original publish date: 
Related policies & regulations:  
Legal references:  79-824 to 79-849

  

Annually, certificated staffing needs are determined through staffing conferences and the budget process. When there are more certificated employees to whom the District has a contractual obligation than there are appropriate positions, the following process is initiated.

 

Reduction in Force (RIF) shall be defined as reduction in staff by termination or contract amendment due to enrollment decreases, budget limitations or program changes in the event no vacancy exists in the District for which the certificated employee is qualified.

 

Seniority shall be defined as the length of a certificated employee’s continuous service in the bargaining unit from the most recent date of being placed on a continuous contract. Seniority shall begin on the first contract day on which the employee reports for duty.

  1. Seniority shall accrue during authorized leaves of absence and layoffs up to twenty-four (24) months or as otherwise mandated by law. Seniority shall not be interrupted by voluntary or involuntary transfers.
  2. The District-wide seniority order for certificated employees will be determined by the start date of their continuing employment agreement. Certificated employees with identical reporting dates will have their placement order determined by random computer placement within that report date. Once the order is established, no changes will occur except those allowed within the negotiated agreement.
  3. The District-wide seniority list shall be prepared and made available on the Lincoln Public Schools website on or about November 1. The validity of the seniority list shall become final and no longer subject to grievance following the first contract day in January. Paper copies of the seniority list will be produced for the Association and the District after finalization.
  4. Seniority shall end upon resignation, retirement, failure to return to work at the expiration of a leave of absence, failure to be recalled within twenty-four (24) months from the date of a layoff or termination of employment for other reasons.

Assignment shall be defined as:

  1. School building for elementary certificated employees assigned to an elementary building;
  2. Subject area assignment for certificated employees in a middle school building;
  3. Department for certificated employees in a high school building;
  4. Positions within any assigned building requiring special endorsement(s) or qualifications; PROCOM will agree on positions requiring special qualifications for purposes of applying the provisions of surplusing and reduction in force. The list of positions will be distributed on or about November 1. Revisions may be made by PROCOM at any time;
  5. Duties assigned in the current year within any school, other location, or configuration of work sites for itinerant certificated employees;
  6. A list of certificated staff and their assignment shall be prepared and made available on the District website on or about November 1. The accuracy of the assignment list shall become final and no longer subject to grievance following the first contract day in January.

In the event no vacancy exists for the certificated employee who is subject to reduction in force, the certificated employee may exercise system-wide seniority to bump the certificated employee with the least amount of system-wide seniority in the school system in the assignment in which the certificated employee has been teaching. If no such less senior certificated employee exists, he/she may bump the least senior certificated employee to which he/she is senior in another field or teaching area for which he/she is certificated and endorsed or where certification and endorsement is not applicable, by reason of college credits in the teaching area. Certificated employees may not bump to administrative positions.

 

When it is no longer possible for any certificated employee who is subject to reduction in force to bump another certificated employee, the certificated employee will be laid off according to Nebraska School Law.

 

Any certificated employee whose contract has been amended because of reduction in force shall be considered to have been terminated or to have had his/her contract amended with honor and shall upon request be provided a letter to that effect. Such certificated employee shall have preferred rights to reemployment for a period of twenty-four (24) months commencing at the end of the contract year and the employee shall be recalled on the basis of length of service to the School District, to any position for which the certificated employee is qualified by endorsement or college preparation to teach. The certificated employee shall, upon reappointment, retain any benefits which had accrued to said certificated employee prior to termination or contract amendment, but such leave of absence shall not be considered as time of employment by the District. A certificated employee under contract to another education institution may waive recall but such waiver shall not deprive the certificated employee of the certificated employee’s right to subsequent recall.