Legal Guide - RIF by Cassie Olivas https://padlet.com/cassie_olivas91/gtydgpwk7pxs A legal guide padlet made to give information on a Reduction in Force at school districts. en-us 2019-10-01 16:05:04 UTC 2019-10-07 02:29:16 UTC hello@padlet.com Slide #1 My Professional Prospective cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/392727650 My professional prospective is working as a teacher. This is my eighth year of teaching. I am currently working on my graduate degree in guidance and counseling from Angelo State University. I previously received my undergraduate degree through Angelo State University. I am working towards becoming a certified school counselor and principal. This legal guide padlet on a Reduction in Force (RIF) is for teachers to use as reference for the legal and ethical requirements for a RIF and how it works. I chose this topic because of a previous conversation with my administrator. I asked him what was one of the toughest things he had to do as an administrator. He explained that being an administrator during a RIF is the worst thing he has ever had to do and will strive to never have to do one again. I had never considered being at a school while going through a RIF but this conversation made me recognize that this could happen and how important it is to be prepared for it. ]]> 2019-10-02 20:28:44 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/392727650 Slide #2 Interview cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/392727870 I interviewed Jason Powers, the current Elementary Principal for Blackwell CISD about what constitutes for a RIF, how a RIF works, what his duties were as an administrator, and his educational implications after carrying out a RIF.
https://www.blackwellhornets.org/apps/staff/

What is a RIF and how does it work?

Mr. Powers explained that a RIF is typically due to a program change or financial exigency. He went further to explain that the majority of a schools budget goes towards the staffs salary. The easiest way to cut spending is to reduce the staff. He explained after the school board declares a RIF, the district looks into the needs versus expenditures and determines which positions are imperative to keep and which ones are dispensable.

Best Practices during a RIF.
  1. Follow policy and be honest with people.
  2. Do a needs assessment.
  3. No matter your position, know your rights and the rights of others.

Emerging issue relating to RIFs

Educators should watch any budget cuts their district is going through. Educators should also watch for any changes in finance laws. Mr. Powers explained all of the RIFs he is knowledgeable of have dealt with financial exigency. So being aware of the laws and your districts budget will help to be knowledgeable about if your district is at risk for a RIF. 

]]> 2019-10-02 20:29:16 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/392727870 Slide #3 Professional Association - National Education Association article relating budget cuts and teacher layoffs resulting in larger class sizes. cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393192658 The National Education Association released an article on the impact of budget cuts and teacher layoff. If a school is going through budget cuts and lays off teachers, the direct result for the teachers left are larger class sizes. This article relates to my topic because a RIF reduces the amount of teachers at a school and not the amount of students.
Teachers are also worried about the increased class sizes but no increase in funding to support the classroom. One P.E. teacher brought up her concerns about safety in her class.
Link: http://www.nea.org/home/35623.htm
Litvinov, A. (n.d.). Budget Cuts Teacher Layoffs=Larger Class Sizes. National Education Association. Retrieved from http://www.nea.org/home/35623.htm.]]> 2019-10-03 17:52:45 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393192658 Slide #4 Current News - Cabell approves RIF/transfer notices for 128 school employees cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393193434
  • Cabell County Board of Education ratified a RIF or transfer 128 employees.
  • The school district has 297 less students than the previous year resulting in less state-funding. 
  • The district has a $2.6 million budget shortfall.
  • Employees who received a RIF notice can apply for one of the new job postings within the district with preferred call-back.

    • Link: https://www.herald-dispatch.com/news/cabell-approves-rif-transfer-notices-for-school-employees/article_a1c52103-4e4c-5074-81f8-b7ec4dbb6e4e.html

    Nash, B. (2019). Cabell approves RIF/transfer notices for 128 school employees. Retrieved from https://www.herald-dispatch.com/news/cabell-approves-rif-transfer-notices-for-school-employees/article_a1c52103-4e4c-5074-81f8-b7ec4dbb6e4e.html.
    ]]>     2019-10-03 17:53:57 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393193434     Slide #13 Best Practices for Compliance when going through a RIF cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393193534
  • Be aware if your district is at-risk for going through a RIF. (possible financial exigency, major reduction in students, or program changes.)
  • Be knowledgeable of district policy. (Will your RIF be based on evaluations or seniority?)
  • Strive to receive good evaluations from administrators. 
  • Become a member of a professional organization. (Many offer assistance from lawyers.)
  • Be knowledgeable of State and Federal laws and regulations relating to a RIF.
  • If you are in a RIF-able position, be prepared to obtain certifications in other areas.
  • Consult legal counsel if you feel like your rights have been violated.

    • ]]>     2019-10-03 17:54:07 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393193534     Slide #12 Non-Law Source - Texas Classroom Teachers Association cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393193912 This article works to inform employees about how a RIF works and what their options are legally. The article explains the cause for a RIF, how district policy works, criteria for who is layed off, and your options legally.
    Link: https://tcta.org/node/11613-reduction_in_force_responding_intelligently_with_the_facts

    Texas Classroom Teachers Association. (2011). Reduction in force: Responding intelligently with the facts!Retrieved from https://tcta.org/node/11613-reduction_in_force_responding_intelligently_with_the_facts.]]>     2019-10-03 17:54:43 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393193912     Slide #11 Ethical Principle - Texas Administrative Code cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393193960 "Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process."
    19 TAC §247.2

    It is important for the administration of the district to be honest with the employees if the district is at-risk for going through a RIF or is in the process of finalizing the details of a RIF. This standard explains an educator should not intentionally or knowingly work in deceptive practices.

    Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2]]>     2019-10-03 17:54:48 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393193960     Slide #10 Blackwell CISD Local Law on RIF cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393194146 When a teacher under a continuing contract is released due to a reduction in force, the board has to notify the teacher in writing of the action and the grounds for the action.
    DFF(LEGAL)
    Link: https://pol.tasb.org/Policy/Download/942?filename=DFF(LEGAL).html&title=TERMINATION%20OF%20EMPLOYMENT&subtitle=REDUCTION%20IN%20FORCE]]>     2019-10-03 17:55:05 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393194146     Slide #9 State - Statutory Law cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393194198 Tex. Educ. Code § 21.157 
    • regarding necessary reduction of personnel. Reduction in force candidates will be primarily based on appraisals through Tex. Educ. Code § 21.352. 
    • The reduction in force may affect a teacher under an ongoing contract.
    Link: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.21.htm#21.157
    ]]>     2019-10-03 17:55:10 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393194198     Slide #8 State - Statutory Law cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393194281 Tex. Educ. Code § 44.011 regarding financial exigency.
    • The school board may declare financial exigency for the school district.
    • The declaration will expire at the end of the school year unless the school board declares a continuations of financial exigency. 
    • The school board is not limited in the number of times they can declare financial exigency but they must notify the commissioner each time. The commissioner outlines the time and manner of the notice and will rule to adopt the minimum standards with school district finances. 
    Financial exigency (financial crisis) is the main reason school districts go through a RIF. 
    Link: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.44.htm#44.0011
    https://statutes.capitol.texas.gov/

    ]]>     2019-10-03 17:55:18 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393194281     Slide #7 Federal - Judicial Law cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393194499 Camp v. Union Independent School District

    Through this court case, it was founded that a school district does not need to go through a RIF to eliminate at-will positions. ]]>     2019-10-03 17:55:38 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393194499     Slide #6 Federal -Administrative Law cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393194574 20 C.F.R. § 639.3
    Worker adjustment and retraining notification is a U.S. labor law that requires most employers to give 60 days notice of all mass layoff of employees.

    • Within a school district during a RIF, employees are NOT protected by the worker adjustment and retraining notification.
    Link: https://www.ecfr.gov/cgi-bin/text-idx?SID=6ab4d1061d3682aedf8c8edc7a5f0334&mc=true&node=se20.3.639_13&rgn=div8
    ]]>     2019-10-03 17:55:43 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393194574     Slide #5 Current News - SAISD Board Gives Initial Approval For Trimming Staff based on Performance cassie_olivas91 https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393194778
  • The SAISD board of trustees approved trimming teacher and administration positions from its payroll.
  • According to district policy, the Superintendent has "legal authority to make staffing changes based on performance evaluation rather than seniority"(Phillips, 2018). 
  • The Superintendent claims worst cases scenario, five percent of employees could be layed off. (approximately 350 positions)
  • The Superintendent claims "enacting the reduction in force proceedings will help him keep his strongest teachers"(Phillips, 2018).
  • In this case, assistant principals and central office staff are more likely to be affected by the RIF than teachers. 
  • The district lost more than 2,000 students and is projected to lose 800 more students. This results in less state funding.  
    • Link: https://www.tpr.org/post/saisd-board-gives-initial-approval-trimming-staff-based-performance
    Phillips, C. (2018). SAISD Board Gives Initial Approval For Trimming Staff Based On Performance. Retrieved from https://www.tpr.org/post/saisd-board-gives-initial-approval-trimming-staff-based-performance.
    ]]>     2019-10-03 17:56:01 UTC https://padlet.com/cassie_olivas91/gtydgpwk7pxs/wish/393194778