A reduction in force has been announced, now what?

As districts continue to struggle with limited resources and concern that the legislative session may not provide relief, declarations of "financial exigency" and accompanying reductions in force (RIFs) are becoming increasingly prevalent in districts throughout the state. Here are some general guidelines regarding RIFs for your information. If you are in a district considering a declaration of financial exigency and RIFs and are concerned that your position may be at risk, contact the TCTA Legal Department toll-free at 1-888-879-8282 to speak with an attorney for advice and information relating to your specific situation.

What is a reduction in force (RIF) and who does it affect?

A RIF occurs when a district separates a teacher from employment for reasons associated with changes in district finances or demographics. Districts can terminate the employment of probationary contract teachers and those employees who serve at-will, such as paraprofessionals, without giving the employee a due process-type hearing. Term and continuing contract teachers have a right to a hearing to challenge a district’s purported reasons for the RIF, or the resulting implementation of the RIF policy.

When do RIFs occur?

Although a reduction in force (RIF) usually occurs in March or April, concurrently with other contract nonrenewals, a RIF may be instituted at any time. A school district may not start the process until the end of May or June, when they finally get a hard look at finances and demographics.

What should you do if a RIF is announced in your area?

The teacher(s) ultimately designated for separation from employment may have several options. Most importantly, remember that an administrator does not just hand the teacher a pink slip and box and tell him/her to clean out his/her room. Depending on whether the RIF is carried out during the course of the contract term or at the end of the teacher’s contract, the teacher has a right to request a termination or nonrenewal hearing pursuant to district policies DFD or DFBB, respectively. Upon receiving notice of a proposed nonrenewal or termination, members should contact the TCTA Legal Department for consultation and possible assistance. This should be done as soon as possible and prior to making any decisions.

Should you resign after being told that you will be RIF’d?

You should consult with a TCTA attorney before resigning. Remember, you cannot be forced to resign at any time. Further, a termination or nonrenewal based on a RIF does not have negative connotations for purposes of your employment history and future employment applications. While you will be required to disclose such an action on future applications, you will also be able to explain the basis for the nonrenewal or termination. Unlike being nonrenewed or terminated for performance deficiencies or other issues, separation from employment because of a RIF does not indicate that you are not a good teacher and employee. Keep in mind that many former supervisors are willing to give good recommendations, and your teacher appraisals will speak for themselves.

When should you request a hearing?

An employee proposed for nonrenewal or termination of contract has 15 days to request the applicable hearing, and then the hearing must be scheduled. This provides the employee time to adequately consider and exercise all options, including applying with other school districts. The employee will most likely be able to resign up to the time of the hearing. In addition, situations can readily change in a school district over a couple of weeks time. Another teacher may resign, opening up a spot previously unavailable, and teachers may apply for other positions outside of their current employment area. Many district policies provide that once an employee properly requests a hearing, then makes proper application for an open position, that employee must be offered the position if he or she meets all hiring criteria.

In conclusion, employees should be knowledgeable of the local RIF policy, keep all options open, and promptly contact the TCTA Legal Department (888-879-8282) for advice before making a decision.