4117.3

Personnel — Certified

Personnel Reduction in Force (RIF)

Introduction

The Board of Education may reduce the number of certified personnel employed, because of reduced enrollment within the district, lack of funds, elimination or reduction of a special program, or for other reasons.

When a reduction in force (RIF) plan is not included in negotiated agreements with certified personnel, this policy for selecting staff members to be released, with consideration of seniority, needs of the schools and quality and effectiveness of the individuals, will govern reductions in force.

Prior to commencing action to terminate teacher contracts upon the need to reduce staff, the Board of Education will abide by procedures currently existing in employee organization agreements, or otherwise will give due consideration to its ability to reduce staff by:

1.  Voluntary retirements.

2.  Voluntary resignation.

3.  Transfer of existing staff members.

4.  Voluntary leaves of absence.

If a teacher has attained tenure status, the contract of employment may be terminated if the position is eliminated, but only if there is no other position for which that teacher is certified and qualified available in the school system. “Position available” shall include any position for which said teacher is qualified and currently held by a teacher who has not completed thirty (30) months of continuous employment in the school district. This shall include first preference for positions which are held by non-tenured teachers in addition to positions that are open and available. Determination of those to be released shall be in the following order:

1.  Teachers holding temporary emergency permits.

2.  Non-tenured teachers holding initial certification.

3.  Non-tenured teachers holding provisional certification.

4.  Non-tenured teachers holding professional certification.

5.  Tenured teachers holding provisional certification.

6.  Tenured teachers holding professional certification.

The following criteria will be used to select those employees who are to be considered for termination within the broad tenure and certification categories established above:

1.  Areas of certification.

2.  Teaching experience in other positions which may be available.

3.  Degree status.

4.  Total years of teaching experience.

5.  Total years of teaching experience in the school system.

6.  Qualifications and ability as determined by an objective evaluation of the teacher's performance.

When the Board of Education considers termination of the contract of a teacher it shall authorize the Superintendent to notify the teacher in writing that termination of his/her contract is under consideration. The notification and any subsequent proceedings related to termination will be in accordance with the provisions of C.G.S. 10-151.

Nothing herein shall compel the promotion of a teacher to a higher rank even though the teacher is qualified for such promotion and the position is open, and the teacher is being considered for termination under Board policy and this regulation.

Recall Procedure/Reemployment

If the contract of employment of a teacher is terminated without prejudice because of elimination of a position, the name of that teacher shall be placed on a reappointment list and remain on such list for a period of two years. If a position becomes open during such period and the teacher has been selected by the Board of Education as the person who is certified and qualified for that position, then the teacher will be notified by certified mail sent to the last known address at least thirty days prior to the anticipated date of reemployment whenever possible. The teacher must accept or reject the appointment in writing within seven days after receipt of such notification. If the appointment is accepted the teacher shall receive a written contract within twenty days of receipt of the teacher's reply to the Board of Education. If the teacher rejects the appointment offer or does not respond according to this procedure within seven days after receipt of the notification the name of the teacher will be removed from the recall list.

Legal Reference:  Connecticut General Statutes

10-151 Employment of teachers. Notice and hearing on termination of contract.

Policy adopted: