Board Policy GBKA: Professional Personnel Lay-Off

Personnel Lay-Off

1. RESPONSIBILITY

The DeKalb County School District recognizes and accepts the responsibility of maintaining and operating a system of public education that ensures student success and demonstrates responsible stewardship of public funds. In meeting this responsibility, circumstances may arise that require a reduction-in-force of certificated, contracted, and professional staff.

1. REASONS FOR REDUCTION-IN-FORCE

The District will attempt to avoid exercising reduction-in-force procedures through an ongoing commitment to long-range planning, comprehensive budgeting, maintaining adequate financial reserves, projecting student enrollment, projecting staffing needs, and absorbing vacancies arising from attrition. The District recognizes, however, that reduction-in-force actions may be necessary when overstaffing occurs due to the following reasons:

1. A decrease or change in student enrollment that would necessitate a decrease in personnel or a discontinuation of one or more programs;

2. A change in state or local curriculum, personnel, or financial practices, which would necessitate a change in or elimination of programs or services provided by the District;

3. A loss of funds due to a reduction in state funds, local funds, or other funds that make necessary a reduction in spending;

4. A lack of funding for programs, personnel, or services provided by the District;

5. Legal mandates and/or judicial orders;

6. State and/or accreditation standards;

7. Closing or consolidation of schools;

8. Any reorganization plan to achieve a more efficient or effective District; and

9. Other similar circumstances.

10. APPLICABILITY OF POLICY

This policy shall apply to all personnel employed by the District. Nothing in this policy, however, shall be construed to extend to affected professional, contracted employees any expectation of re-employment or due process rights greater than those available to such employees under the Fair Dismissal Law of Georgia; nor is this policy to be construed to mandate the promotion or transfer of an employee to a position of higher, lower, or equal rank, authority, or compensation, regardless of whether the employee who is to be terminated may be qualified or certified for a higher position.

1. PROCEDURE

If the Board decides to implement a reduction-in-force, the Superintendent has the responsibility of preparing a reduction-in-force plan for Board approval and action. In developing such a plan, the Superintendent shall make every effort to ensure that a reduction-in-force serves the best interests of the District, causes minimal disruption to students, and does not reduce the overall quality of the District’s instructional program.

Before presenting the Board with a proposal for a reduction-in-force, the Superintendent, however, shall explore other means of addressing the problem, such as advance planning, attrition, hiring freezes, and other measures. The Superintendent’s reduction-in-force proposal to the Board shall include the following components:

1. A description of the circumstances giving rise to the proposed staff reduction;

2. The Superintendent’s reasons for concluding that a staff reduction could not be avoided through the use of other reasonable measures;

3. The dollar amount by which the payroll is proposed to be cut and the number of employees affected;

4. The proposed criteria for determining which employees would be dismissed as a result of the reduction-in-force;

5. The timetable for announcing the staff reduction, notifying the affected employees, and the date the terminations will occur;

6. Any other measures, including financial measures, being proposed in conjunction with the proposed staff reduction; and

7. Any other information pertinent to the proposal that would assist the Board in making its decision.

When making recommendations for termination of employee positions, the Superintendent may consider any position.

Factors to be considered by the Superintendent in devising a reduction-in-force plan shall include, first and foremost, the (1) professional expertise, (2) effectiveness, and (3) overall job performance, including, but not limited to written annual evaluations, absenteeism (not covered by FMLA or Workers’ Compensation), and tardiness. The Superintendent, at his or her discretion, may also consider other employee documents concerning performance, including, but not limited to, the employee’s personnel file and disciplinary records. Only where demonstrated job performance is equal among employees, shall other factors such as length of continuous service with the District be considered in order to make recommendations for the termination of an employee’s position. In all cases, the process shall be based on legitimate, nondiscriminatory criteria.

Nothing in this policy shall be construed to change or diminish the Board’s authority to place any employee in any position deemed appropriate within the District, in the Board’s sole discretion, or to assign any employee any such job duties and/or responsibilities as the Board deems appropriate.

1. TERMINATION

Terminations due to a reduction-in-force shall be handled in accordance with any applicable Board policies or procedures and any applicable laws, including the Georgia Fair Dismissal Act.

Any employee whose employment is terminated, because of a reduction-in-force, shall be considered to have left the system in good standing, and shall upon request be provided a letter to that effect from the Superintendent.

1. VACANT POSITIONS

Employees terminated as the result of a reduction-in-force may apply for any vacant position(s) for which they are qualified, pursuant to the Board’s normal hiring practices.