Common use of Implementation of RIF Clause in Contracts

Implementation of RIF. A. The Local Superintendent shall determine the specific areas of certification and the specialties, as well as the specific position and/or work locations to be affected by the reduction in force. The Board shall proceed to suspend contracts for teachers who have been evaluated in accordance with the evaluation procedure required by HB153. In determining the position(s) to be reduced, eliminated, or not filled, the following sequence shall be used: 1. First, position(s) vacated as a result of voluntary resignation, retirement, or death will not be filled. 2. Second, limited contract teachers shall be reduced first utilizing the following order: a. Licensure/Certification b. Competency as determined by formal evaluation c. When evaluations are comparable, seniority in the district shall prevail d. Comparable will be defined as follows: i. All teachers defined as “Accomplished” shall be deemed comparable to one another. All teachers defined as “Skilled” or “Developing” shall be deemed comparable to one another; ii. All teachers defined as “Ineffective” shall be deemed comparable to one another. Tutors hired after 7/1/2017 shall be on a separate lay-off/recall listing only with other tutors. 3. Third, continuing contract teachers shall be reduced by utilizing the following order: a. Licensure/Certification b. Competency as determined by formal evaluation c. When evaluations are comparable, seniority in the district shall prevail d. Comparable will be defined as follows: i. All teachers defined as “Accomplished” shall be deemed comparable to one another; All teachers defined as “Skilled” or “Developing” shall be deemed comparable to one another; ii. All teachers defined as “Ineffective” shall be deemed comparable to one another. Tutors hired after 7/1/2017 shall be on a separate lay-off/recall listing only with other tutors. B. Layoff shall occur by suspension of contract. The limited contract of an affected employee that expires prior to the effective date of the RIF shall be renewed and then suspended to implement the layoff. C. An employee to be laid off due to RIF shall be given twenty (20) work days advance written notification prior to the implementation of the RIF. The Association shall be sent a copy of said notification at the same time. The notice shall state the reason for RIF, the effective date of contract suspension and the date of the Board’s action to implement the RIF.