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| Important information for TCTA members in Dallas ISD | ||
The financial situation in the Dallas ISD has been a major concern for teachers and other district personnel due to a combination of bad facts and much uncertainty. The DISD budget shortfall seems to be increasing. While the Board has continued to seek all solutions short of personnel terminations, a reduction in force (RIF) may well happen and involve large numbers of employees. Because of this uncertainty, TCTA members in DISD should be aware of their rights if affected by a RIF. (PLEASE NOTE: TCTA has written a letter to the Dallas ISD Board providing possible alternatives to the contemplated reduction in force to protect teacher jobs, and the Board is scheduled to reconvene on Oct. 2.) The DISD cannot just hand contract professional employees a pink slip, telling them that they are terminated and to pack up and go home. The District must comply with its reduction in force policy, DFF (LOCAL). The Board must strictly abide by the procedures found in DFF (LOCAL) as it exists now or as the Board may amend the policy. Under current policy, the Board has taken the first step; it declared that a financial exigency exists that justifies drastic action. The District has not taken the next two steps. The second step requires the Board to identify employment areas from which cuts may come. The third step involves the application of criteria outlined in Policy DFF (Local) to identify which employees in the targeted areas may be subject to the reduction. Regardless of what the current policy says, the Board has the power to modify its reduction in force policy up to the moment that the Board begins the actual RIF process. Whatever policy it adopts or uses, it must strictly comply with its terms. Professional employees, e.g., teachers, counselors, librarians, etc., serving under written contracts with the District whom the Board has proposed for RIF termination, will receive notice of the proposed termination. An employee has the right to require the District to go through a complex hearing process before the District can complete the termination process, but only if the employee legally requests a hearing. An employee who receives a written notice of his or her recommendation for contract termination must file with the Commissioner of Education a written request for a hearing, not later than the 15th day after the date the employee receives written notice of the proposed action, as required by Education Code 21.253, and must provide the Office of Board Services with a copy of the request. (See DF (LOCAL)). Educational aides and secretaries who receive notice of termination based on a reduction in force can contest termination by filing a written grievance within fifteen (15) days of receipt of that notice. The grievance is filed with the District. (See DGBA REGULATION)). Most importantly, TCTA members should contact the TCTA Legal Department (888-879-8282) immediately upon receiving any notice of termination, and prior to making any decision or signing any agreement, other than signing to acknowledge your receipt of the notice. A TCTA attorney will be able to discuss the policies with you as well as assist you in making a decision as to your next course of action. |
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| Copyright © 2008 Texas Classroom Teachers Association®. All rights reserved. The Texas Classroom Teachers Association is an independent association for Texas teaching professionals, which was founded in 1927 and has over 50,000 members across the state. TCTA is based in Austin and is the only statewide teacher association that limits Active membership to those directly involved in classroom teaching or teaching support. For more information about TCTA, please visit our Web
site at www.tcta.org. |
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