Reduction In Force: Responding Intelligently with the Facts!
“Yesterday, I was informed by my principal that I would not be rehired and would be nonrenewed due to a RIF. He further informed me that in order to leave in good standing and receive a good recommendation, I needed to submit a letter of resignation. Is that correct?”
This teacher might be employed by a school district in a small or mid-sized town with a single business or industry that employs a significant number of community members, which then shuts down or pulls up stakes and moves elsewhere. Such would ultimately not only affect the school district’s revenue, but probably student enrollment as well. One or both of those factors could very well result in a reduction in force of personnel, commonly known as a “RIF.” In today’s economic climate, the foregoing scenario or others could potentially occur in your school district and bring about the need for a reduction in force.
Very recently, the second-largest school district in Texas - Dallas ISD - instituted a significant RIF, ultimately resulting in approximately 500 teachers losing their jobs. It became obvious during the number of weeks it took to complete the RIF that not only many teachers, but also administrators and school board members, did not understand the RIF process or the local RIF policy.
District policy governs RIF of most certified employees
Most certified personnel in Texas public schools are now employed under term contracts. That being the case, this article addresses the RIF of certified, term contract employees. First note that there is no codified state law concerning the RIF of school district personnel employed under a term contract. Instead, a school district’s local policy will encompass the process for termination or nonrenewal of professional employees based on the need to reduce personnel. Through the elimination of certain employment positions, the RIF results in the necessary reduction of personnel; however, the designation of the actual employees who will be proposed for separation from employment must be made pursuant to the local policy and not left to the whim or favoritism of district administrators.
A school district’s RIF process is usually found in policy DFF [LOCAL]. Most of these policies are very similar but there will be differences. The typical policy will first address the specific types of contracts and situations to which the policy will apply: 1) termination of a probationary term contract during the contract term; 2) termination of a term contract during the contract term; and 3) nonrenewal of a term contract at the end of the contract term. The RIF policy would not apply to noncontractual (“at-will”) employees, termination of employees’ probationary contracts at the end of the contract term, or professional staff under non-educator contracts, e.g., business manager. A RIF may occur any time that the district’s board of trustees determines that “sufficient cause” exists for the discharge of personnel. Therefore, depending on the timing of the proposed RIF, the teacher or other certified employee may be entitled to either a termination hearing or a nonrenewal hearing.
What constitutes “sufficient cause?”
Specific circumstances for a RIF will be addressed and defined by policy DFF. “Financial exigency” will be broadly defined as anything causing a need for the district to reduce financial expenditures for personnel, including a decline in tax revenue or funding and enrollment declines. In the case of Dallas ISD, an accounting error led to a huge budget shortfall. A second basis for instituting a RIF is a “program change,” again broadly defined to include any elimination, reduction or reorganization of the district’s curriculum, program(s) and/or school operations. Though these terms are broadly defined and sufficient cause can usually be properly documented, there have been rulings from the Commissioner of Education finding that the district’s alleged basis for the RIF was not properly shown to exist.
It is during the second and third steps of the RIF process where a school district may fail to properly observe policy, creating an opportunity for the employee to contest the proposed nonrenewal or termination of contract. This second step involves the superintendent recommending to the school board the scope or extent of the reduction in personnel. For this purpose, the district must again abide by policy DFF (LOCAL), which will list up to a dozen or so “employment areas” in which a RIF may be carried out. Though some of the areas listed may be broad and others fairly narrow, note that they may be combined for purposes of conducting the RIF. For example, the employment areas of “social studies” and “secondary grades” could be combined, and the resulting employment area designated for a reduction would become “secondary social studies teachers.”
Desirable criteria may be considered
The third step in this process is the most important for employees and many times the least understood. After proper designation of the employment area(s) to be affected by the RIF and the number of positions to be eliminated within those area(s), the superintendent or other administrative personnel will apply specific criteria found in policy DFF. In short, teachers then will be compared to one another in terms of these desirable criteria.
Teachers will many times assume that campus “seniority” is the most important or determining factor as per the desirable criteria referenced above. In the case of term contract employees, the great majority of districts will cite proper certification and/or highly qualified status and good appraisals as the first and second most important criteria respectively. Seniority (districtwide, not campus seniority) will usually be applied as a “tie-breaker” criterion if application of the foregoing criteria fails to result in a substantial difference between employees. If seniority fails to determine the employee(s) to be RIF’d, districts may consider professional development and other employment qualifications in making the determination.
Further, remember that a RIF is a districtwide process (within the designated employment areas). Therefore, an employee assigned within a designated employment area should not focus entirely on how he or she “stacks up” against colleagues on the same campus (unless employed in a very small, single campus district). In fact, the RIF may result in the reassignment and transfer of any given employee to another campus.
What are your options when facing RIF?
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. Though the specifics of these processes are beyond the scope of this article, 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.
So, we end where we began – should the employee resign after being told that he/she will be RIF’d? Certainly, our members should consult with a TCTA attorney before resigning – 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.
Finally, 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 time period provides the 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.
