5435 -REDUCTION IN FORCE

I. LICENSED EMPLOYEES

The purpose of this policy is to establish an orderly procedure for reduction of licensed, professional employees of the school system.  This policy applies to teachers as defined by G.S. 115C-325(a)(6) and school administrators as defined by G.S. 115C-287.1(a)(3).  Reductions in force shall be determined according to the definition and procedures established in G.S. 115C-325 and by this policy.

1. Grounds for Reduction in Force

Reduction in force may be implemented when the board determines that any of the following circumstances exist:

1. District Reorganization – defined as:
   1. declining enrollment, financial exigency, or other cause(s) warranting closing, consolidation or reorganization of schools, school buildings or facilities; and the number of existing certified employees exceeds the number required to staff the school, school buildings or facility as reorganized; or
   2. any elimination, curtailment or reorganization of a curriculum offering, program or school operation; or a reorganization or consolidation of two or more individual schools or school districts that is unrelated to financial exigency.
2. Declining Enrollment

Declining enrollment exists when the enrollment or projected enrollment for the next succeeding school year causes a decrease in the number of teaching or administrative positions allocated by the State or any other funding source; or when the enrollment or projected enrollment for the next succeeding school year of a curriculum offering or program is inadequate to justify continuation of the course or program.

3. Financial Exigency

Financial exigency means any significant decline in the board of education's financial resources that is brought about by the decline in enrollment or by other actions or events that compel a change in the school district's current operational budget; or any significant decrease or elimination in funding for a particular program; or any insufficiency in funding that would render the board unable to continue existing programs at current levels.

2. Preliminary Determination

1. The superintendent will determine whether or not a reduction in force is necessary, appropriate or in the best interests of the school district.  The superintendent is authorized to limit or narrow the scope of any reduction in force to those employees who work in the school, facility, program, or department subject to the reduction in positions.
2. In determining which positions shall be subject to a reduction in force, the Superintendent shall consider the following
   1. Structural considerations, such as identifying positions, departments, courses, programs, operations and other areas where there are (i) less essential, duplicative, or excess personnel; (ii) job responsibility and/or position inefficiencies; (iii) opportunities for combined work functions; and/or (iv) decreased student or other demands for curriculum, programs, operations, or other services.
   2. Organizational considerations, such as anticipated organizational needs of the school system and program/school enrollment.

3. When the superintendent believes that grounds exist for a reduction in force, the superintendent will present a written recommendation to the board of education.  The recommendation will include:
   1. the grounds for reduction in force;
   2. the number or estimated number of licensed employees to be reduced by area(s) of certification and/or program responsibility; and
   3. the background information, data and rationale for the recommendation.
4. The board of education will review the superintendent’s recommendation and will determine whether to authorize a reduction in certified positions.
5. If the board authorizes a reduction in force, the superintendent will recommend to the board which individuals are to be dismissed, demoted or reduced to part-time employment, based on the criteria set forth below.  Prior to submitting the recommendation to the board, the superintendent shall give written notice to the career employees by certified mail or personal delivery of his intention to make the recommendation and the grounds upon which he believes such dismissal or action is justified.  The written notice shall inform the affected employees of their right to request a hearing before the board, as provided by G.S. 115C-325.

3. Criteria

The primary consideration in any reduction in force will be the maintenance of a sound and balanced educational program that is consistent with the functions and responsibilities of the school system.  The Board will consider the following factors in determining which employees shall be included in the reduction in force:

1. Work performance
2. Program enrollment;
3. Service in extra duty positions and ability to fill such positions;
4. Length of service, with higher priority given to service in this school district
5. Recommendations and advice from the superintendent; and
6. Other beneficial services provided by the employee to the school system.

Among these factors primary consideration will be given to criteria (1) and (5) above.

In assessing an employee’s work performance for purposes of this policy, the school system may consider performance evaluations, improvement plans, past disciplinary actions, and other relevant factors as determined by the Superintendent.

4. Exclusions

The superintendent may recommend to the board the exclusions of specifically identified employees in an area of licensure or administration from a reduction in force for specifically stated special or exceptional circumstances.  Special or exceptional circumstances include:

1. A need or desire to retain those employees whose performances are deemed outstanding based upon regular evaluation reports and other indicators of excellence;
2. a need or desire to retain those employees who are specifically qualified to coach or sponsor an extracurricular activity; and
3. any other special or exceptional circumstances as recommended by the superintendent and approved by the board of education.

5. Procedure for Termination

All requirements of G.S. 115C-325 will be met, including time limits and procedures for notice and opportunity for a hearing, when any career teacher (as defined in G.S. 115C-325) is terminated, demoted or reduced to part-time employment due to reduction in force or any probationary teacher (as defined in G.S. 115C-325) is terminated, demoted or reduced to part-time employment during the term of the contract due to a reduction in force

6. Termination/Reemployment of a Career Employee

When a career teacher is dismissed in accordance with this policy, his or her name will be placed on a list of available employees to be maintained by the board

7. Nonrenewal of an Employee

The board, upon recommendation of the superintendent, may refuse to renew the contract of a probationary teacher or school administrator for any reason permitted by law, including, but not limited to, district reorganization, decreased enrollment, or decreased funding.  In such cases, the procedures set forth in this policy will not apply.

II. CLASSIFIED EMPLOYEES

When the Superintendent determines that grounds exist for a reduction in force of full-time classified employees, the Superintendent shall present a written recommendation to the Board of Education and propose the process and criteria to use in implementing the reduction in force. The Board shall review the Superintendent's recommendation, determine whether to authorize a reduction in classified positions, and approve or modify the process and criteria proposed by the Superintendent.

Legal Reference: G.S.115C-325
Adopted Effective: November 22, 1993
Revised: July 1, 1999
Revised:  July 12, 2011