ERIC Number: ED192433
Record Type: RIE
Publication Date: 1980-Apr
Reference Count: 0
Reduction in Force--Is Your Board Prepared?
Carr, Mary K.
With the basic assumption that reduction in force is inevitable, this paper discusses the legal ramifications as well as an orderly procedure for implementing reduction in force. Recent litigation with regard to reduction in force action falls in the broad categories of constitutional questions, statutory law, and contract provisions. Constitutional issues may result whenever an attempt to use the reduction in force procedures to remove unwanted employees can result in the infringement of procedural and substantive constitutional rights. However, most litigation and reduction in force procedures fall within the category of statutory issues. These include the issues of seniority and tenure, legal qualifications, hearing rights, sufficiency of evidence warranting actions, and call-back rights. Concerning the issue of contracts, boards of education need to be sensitive in providing for the possibility of staff reductions to include special provisions in the individual employment contract. As a model, the Phoeniz Union High School District reduction in force procedures for classified employees and administrative personnel are summarized. (Author/MLF)
Publication Type: Speeches/Meeting Papers; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the National School Boards Association (40th, San Francisco, CA, April 19-22, 1980).