Reduction in Force Process Overview

Presented January 11, 2005

In December, 2004, staff presented information regarding a projected $2,400,000 deficit as a result of the following items:

1. Collective Bargaining Agreements reached over the Summer 2004 with the four employee groups:
• Alameda Education Association - $540,000
• California School Employees Association - $80,000
• Public Employees Local One- $80,000
• Association of California School Administrators - $60,000


2. Loss of students from Harbor Island apartment evictions, Section 8 voucher issues and Coast Guard housing relocation

The current estimate is 300 students @ $4,800 equaling $1,440,000.

3. 2003/04 Budget Deficit

Unanticipated expenditures led to a budget deficit of $253,000. Additional details was presented at the October 26th 2004 BOE meeting.

4. 2004/05 Unrealized Growth

The adopted budget for 2004/05 included an assumption of a 25 student increase. Due to item two above, we will not realize that 25 student increase resulting in a loss of $120,000 (25 X $4,800).

In addressing budget deficits related to an ongoing loss of revenue, we need to make budget reductions that are ongoing. Since over 80% of the AUSD budget is personnel related, presonnel layoffs are necessary. There are four options for personnel layoffs:

• Attrition (retirements and resignations
• Reductions in Force (RIF)
• Release
• Non-Election

Education Code Section 44955 describes the circumstance under which the Board may terminate the services of probationary or permanent teachers for economic reasons.

Education Code Section 44949 describes the hearing procedures that apply to such reductions.

Permissible Grounds for K-12 RIF:

1. ADA in all schools during the first 6 months has declined below ADA for the same period of the two previous years not ore than than a corresponding percentage of the cerificated employees.
2. BOE determines that attendance wil decline in subsequent year resulting from the termination of an inter-district tuition agreement.
3. A Particular Kind of Services (PKS) will be discontinued or reduced provided it is not reduced below levels required by law. Examples include:
• Biology, Physcial Education, English, Music, etc.
• Specified administrative positions
• K-6 teachers
• Nurses, librarians, counseling, and other student services

Services must be identified with particularity (For example, "high school teacher" is not specific enough.

• State law amendment requires curriculum modification.

Prior to Commencing PKS or ADA Layoffs

The District should review its seniority list to ensure it accurately reflects the seniority of its certificated employees.

Districts are not required to negotiate the decision to conduct a layoff, but they are required to negotiate its effects. Effects may include changes in working conditions.

Certificated Layoff Procedures

Notices must be sent to affected employees by March 15th stating the reason for the layoff, services to be reduced/eliminated, and the right to a hearing

The hearing is conducted by an administrative law judge, who renders decision, that the BOE can accept, refer back to the ALJ with additional evidence or reject.

THe Board of Education must take final action before May 15th.

Employees can appeal within 30 days of the final layoff decision and retains reemployment rights for 39 months.

Classified layoffs are subject to lack of work or lack of funds. Notice must be given 45 days prior to layoff and include displacement rights and reemployment rights.

Administrator layoffs use the same procedures that are applicable to their circumstance: either certificated or classified.

• March 8 BOE adopts appropriate resolutions for certificated employees
• March 9-15 Notifications are prepared and delivered
• Hearings are requested and scheduled
• By April 29 BOE adopts appropriate resolutions for classified employees and notices are sent out
• By May 15th, final notice are sent to certificated employees

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Last modified: January 7, 2005

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