3131 - REDUCTION IN FORCE – CLASSROOM TEACHERS AND OTHER PROFESSIONAL PERSONNEL

Mingo County Schools

Bylaws & Policies

3131 - REDUCTION IN FORCE – CLASSROOM TEACHERS AND OTHER PROFESSIONAL PERSONNEL

It is the responsibility of the Board of Education to provide classroom teachers and other professional personnel necessary for the implementation of the educational program of the County.

The Board reserves the right to abolish classroom teaching and other professional positions and to reduce classroom teaching and other professional positions whenever reasons of decreased enrollment of students, return to duty of regular professional staff members after leaves of absence, lack of need, change in financial conditions, or other good cause warrant.

The Superintendent shall, when circumstances warrant, recommend the reduction of classroom teaching positions and other professional personnel positions in accordance with Federal requirements, state laws, local board policies, and the best interests of the County. Specifically, the requirements of WV Code 18-9A-4, WV Code 18A-2-2, 18A-4-7a, and any amendments thereto, shall be observed in achieving a reduction-in-force of classroom teaching positions and other professional personnel.

Definitions

A.	Lateral area – For the purposes of complying with the requirements of WV Code 18A-4-7a the term "lateral" shall be defined and applied as follows:

	1.	Employment as a classroom teacher shall be deemed an area of lateral employment to classroom teaching positions requiring that one (1) or more of the certifications and/or licenses be held by such teacher.

	2.	Employment as a guidance counselor shall be deemed lateral to guidance counseling positions requiring certification in a span of grade levels in which the guidance counselor holds seniority. Guidance counselors lacking seniority to move to a lateral guidance counseling position shall be lateral to classroom teaching positions requiring that one or more of the certifications and/or licenses be held by such guidance counselor.


	3.	Employment as a school nurse shall be deemed lateral to other school nurse positions.

	4.	Employment in a professional position requiring licensure, including physical therapist, speech language pathologist, and occupational therapist shall be lateral to professional positions requiring like licensure.

B.	Reduction-in-force vacancy – Means a vacancy created for the purpose of accommodating the placement of an employee who, by virtue of seniority and certification, is entitled to employment in a position in connection with a reduction-in-force.

C.	Employment in a position where previously employed – Means the employment of a professional employee in a classification of employment of previous employment as contrasted with employment in an exact position of previous employment.

Reduction in Force Steps

The following steps shall be observed in staffing schools, adjusting other professional personnel assignments and, if necessary, accomplishing a reduction in force:

	A.	Each year, the Superintendent shall determine the professional staffing levels of each school.

	B.	Each year, the Superintendent shall determine any recommended reductions or additions of other professional personnel positions.

	C.	Each year, provided there are no provisions of State law to the contrary, all employees subject to release shall be considered applicants for any vacancy in an established, existing or newly created position that, on or before February 15, is known to exist for the next ensuing school year, and for which they are qualified. It will then be upon the recommendation of the Superintendent, that the Board shall appoint the successful applicant from among such employees before posting such vacancies for application by other persons.

		This provision shall not preclude a County Board from posting and filling vacancies that exist in the current school year, nor shall it supersede or alter the operation of WV Code 18A-4-8f or WV Code 18A-4-8i.


		An employee shall be considered subject to release if the Superintendent would recommend the individual to the Board for release but for the availability of the known position. A vacancy for a position that will exist on the first day of the next ensuing school year will be known to exist when the person holding the position has submitted his/her resignation or retirement to the board, in writing, and the resignation or retirement has been accepted by the Board. Newly created positions will not be considered to be known to exist until the county board has voted to approve their creation.

		An individual will be considered to be qualified for a known vacancy if he or she fully meets the qualifications for the vacancy. If more than one individual subject to release is qualified for a known vacancy, the successful candidate shall be selected based on application of the factors set forth in WV Code §18A-4-7a(b)(1) through (9), weighted equally. This provision shall apply to vacancies and newly created positions known to exist on or before February 15, 2014, and in subsequent school years.

	D.	Each year, all persons who are recommended for transfer as a part of a reduction-in-force shall be identified.

	E.	The Superintendent shall then ascertain the least senior professional employees according to areas of certification and/or licensure needed to accommodate more senior employees who are to be recommended for transfer.

	F.	Prior to February 1st of each year all professional employees who are required to be reduced shall be so notified in a timely fashion and provided with an opportunity to be heard by the Board. The Board shall take action on the termination issue on or before February 1st of the then current year.


	G.	On or before February 1st of each year, all professional employees to be recommended for transfer as part of a reduction-in-force shall, starting with the most senior employee, be notified of the reduction-in-force vacancy to which a transfer is recommended. Reduction-in-force vacancies shall be identified by matching the most senior employee with the position vacated by the least senior employee who is serving in the relevant area of certification and/or licensure.

	H.	If, prior to the first day of August of the year a reduction-in-force is approved, the reasons for any particular reduction-in-force no longer exists as determined by the Board in its sole and exclusive judgment, the Board shall rescind the reduction-in-force or transfer and shall notify the released employee in writing of his/her right to be restored to his/her position of employment. Within five (5) days of being so notified, the released employee shall notify the Board, in writing, of his/her intent to resume his/her position of employment or the right to be restored shall terminate. If there is another employee on the preferred recall list with proper certification and higher seniority, that person shall be placed in the position restored as a result of the reduction-in-force being rescinded.

Effect of Policy

Nothing within this policy shall be construed to confer any rights upon school employees beyond those rights conferred by statute.

West Virginia State Board of Education policy 5000
WV Code 18-9A-4, 18A-2-2, 18A-4-7a 18A-4-7a(k)(2)