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A reduction in force (RIF) occurs when a district releases a teacher from a binding contract for reasons associated with changes in district finances or demographics. Districts can RIF probationary contract teachers and those employees who serve at-will, such as paraprofessionals, without giving the employee a due process-type hearing. Term and continuing contract teachers have a right to a hearing to challenge a district’s purported RIF reasons or its implementation of the RIF policy.
Although a reduction in force (RIF) usually occurs in March or April, concurrently with contract nonrenewals, a RIF can come at any time. Some school districts will not start the process until the end of May or June, when they finally get a hard look at finances and demographics.
Across the state, RIF policies have important structural similarities with some critical differences. Most districts post their policies online. See, generally, policy DFF (Local). What a district’s policy looks like on Tuesday may not dictate the terms of a RIF started on Wednesday. A district may have the right to adopt or amend its policy immediately before starting a RIF. Whatever the policy’s terms, the district must follow it.
Most policies start by stating that a district may consider a RIF in cases of financial exigency, enrollment declines and program changes. Boards retain the power to determine what constitutes financial exigency. TCTA asserts that even in times of financial stress, districts should protect the classroom and the delivery of instruction, but a district can prioritize differently; i.e., districts can sacrifice instruction to protect noninstructional salaries and positions or to build new facilities. If area economic changes lead to enrollment declines, districts can decide to increase student-teacher ratios or reduce opportunities for instruction in core classes such as fine arts or electives, to ensure funding for other priorities. Although a board retains the power to decide when and to what extent financial problems, enrollment declines or program changes require staff reductions, employees can ask the board to reconsider the policy decisions it is making.
After a board identifies the problem and its “solution,” it turns to the next part of the policy: selecting the employment categories from which the projected cuts will come. Most policies identify similar categories, such as secondary course offerings, general elementary, compensatory education, and administrative positions. When a board makes a decision to cut in a specific category, it must comply with that decision. If the board decides only to cut counseling programs, it cannot RIF an elementary teacher who does not serve as a counselor.
The next significant part of most policies is the listing of criteria the board shall use to choose among employees in a category if it is not cutting the entire staff in the category. If a board decides to cut a program or subject in which the district only employs one person, the board need not utilize this part of its policy. Most districts use four criteria to select among multiple employees for a potential RIF. In descending order of importance, the criteria are: certification, appraised performance, seniority and other professional training. Districts sometimes switch the latter two criteria; some make seniority the sole determinative criterion. Districts can determine seniority by overall experience, experience in the district, seniority on a campus or seniority in assignment. The district must strictly comply with the criteria, and having adopted criteria the district cannot arbitrarily choose which employees to cut.
Most policies also provide that pending a final hearing on a RIF, an employee must be considered for other available positions for which the employee holds certification. Few, if any, policies give employees a right to be rehired if a district subsequently adds staff in a position previously subject to a RIF.
If a district has adopted a RIF policy it must comply with the policy. A district’s failure to comply can give a teacher the right to have a decision overturned by the Commissioner of Education. TCTA members should contact the TCTA Legal Department (888-879-8282) to discuss the member’s district policy if any question arises about a potential RIF.
Disclaimer notice
All information on the TCTA Web site is for general purposes only. It is not directed toward any individual or specific case, is not intended to replace the advice of an attorney, and does not create an attorney/client relationship. Please read the Full Disclaimer for important details.
