3131 - REDUCTION IN FORCE ("RIF") IN CERTIFICATED STAFF

Greater Jasper Consolidated Schools

Administrative Guidelines

3131 - REDUCTION IN FORCE ("RIF") IN CERTIFICATED STAFF

When circumstances warrant the implementation of a reduction in force ("RIF") in certificated staff, the Superintendent shall utilize the following procedures to conduct a RIF in the School Corporation.

Consideration of Alternatives to RIF:

Prior to undertaking a RIF, the Superintendent shall attempt to make adjustments in teaching staff through:

	A.	Voluntary retirement;

	B.	Voluntary resignations;

	C.	Voluntary transfer of existing staff;

	D.	Leaves; and

	E.	Cancellation of teachers’ contracts for other statutory reason(s).

Discussion Prior to RIF:

Discussion shall be held with the exclusive representative of the Corporation’s teachers prior to any RIF for the purpose of discussing any proposed reduction in the certificated staff.

Procedure for RIF:

As required by I.C. 20-28-7.5-1(d), once the positions to be eliminated are identified by the School Board, the certificated staff members to be dismissed shall be identified on the following basis:

	A.	The Superintendent shall check the hire dates of persons who hold the license in the area subject to the RIF.

	B.	Those certificated staff members who were hired after July 1, 2011 will be the first employees subject to RIF and will be selected for the RIF based upon performance as the initial consideration.

C.	To the extent performance ratings are equal for certificated staff members hired after July 1, 2011, the Superintendent shall consider the following factors to determine which employee(s) will be subject to RIF:

	1.	The academic needs of students in the Corporation.

	2.	The results of an evaluation conducted under I.C. 20-28-11.5.

	3.	The possession of either additional content area degrees beyond the requirements for employment; or additional content area degrees and credit hours beyond the requirements for employment, if required under an agreement bargained under I.C. 20-29.

	4.	The assignment of instructional leadership roles, including the responsibility for conducting evaluations under I.C. 20-28-11.5.

	5.	The number of years of a teacher's experience.

D.	To the extent there is still a need to RIF additional positions after implementing steps A-C above, the Superintendent will look at the certificated staff members who were hired prior to July 1, 2011. The Superintendent will review their hire dates and determine whether the employee was non-permanent (in their first two (2) years of consecutive employment with the Corporation but had not yet signed a third contract for continuous employment), semi-permanent (had signed a third contract of consecutive employment with the Corporation) or permanent (had signed a sixth consecutive contract to be employed with the Corporation).

E.	The non-permanents will be subject to RIF before the semi-permanents and permanents. To the extent there is more than one (1) person in the non-permanent category, the Superintendent will RIF employees within the non-permanent category based upon their performance. To the extent evaluation ratings are equal for the non-permanent teachers, the Superintendent shall consider the five (5) factors listed in Step C, 1-5 above to determine which employee(s) will be subject to RIF.

	F.	If there are still positions to RIF after review of the non-permanent teachers, the Superintendent shall consider which semi-permanent teachers will be subject to RIF. To the extent there is more than one person in the semi-permanent category, the Superintendent will RIF employees within the semi-permanent category based upon their performance. To the extent evaluation ratings are equal for the semi-permanent teachers, the Superintendent shall consider the five (5) factors listed in Step C, 1-5 above to determine which employee(s) will be subject to RIF.

	G.	If there are still positions to RIF after review of the semi-permanent teachers and still have to RIF, the Superintendent shall consider which permanent teachers will be subject to RIF. To the extent there is more than one person in the permanent category, the Superintendent will RIF employees within the permanent category based upon their performance. To the extent evaluation ratings are equal for the permanent teachers, the Superintendent shall consider the five (5) factors listed in Step C, 1-5 above to determine which employee(s) will be subject to RIF.

Notification of RIF:

Certificated staff members selected to be terminated pursuant to this guideline shall receive the initial notification of possible contract cancellation required by law between May 1st and July 1st preceding the proposed cancellation of their contract with the Board.

I.C. 20-28-7.5-1(d)
I.C. 20-28-7.5-2(a)(2)
I.C. 20-28-9-1.5(b)
I.C. 20-28-11.5
Elliott v. Board of School Trustees of Madison Consolidated Schools, No. 16-4168 (7^th Circuit Dec. 4, 2017)