ERIC Number: ED195013
Record Type: RIE
Publication Date: 1980
Reference Count: N/A
Reduction in Force: Legal Issues and Recommended Policy. NOLPE Monograph Series.
Phay, Robert E.
More and more frequently schools are having to reduce their staffs, an act generally referred to by the depression-era phrase "reduction in force" (RIF). The reasons are several, including lower student enrollments, reduced turnover among teachers, a steady movement of students from public to private schools, greater unwillingness of weak teachers to resign when pressured to do so, program changes, and reduced school budgets. After a brief examination of these causes of RIF and of the differences between dismissal for cause and RIF, the various legal issues concerning RIF are discussed. These legal issues include the authority of the board of education to eliminate positions, methods of determining the positions and employees to be eliminated, allegations of bad faith, the consolidation of districts, the merger of districts to accomplish desegregation, "bumping," teacher transfers, and the reduction of teachers to part-time employment. RIF also includes due process concerns in such areas as timely notice, notice of reason, hearings, and burden of proof. The appendix contains a model RIF procedure designed to guide boards of education in adopting their own policies to deal with layoffs. (Author/IRT)
Descriptors: Board of Education Policy, Boards of Education, Court Litigation, Due Process, Elementary Secondary Education, Guidelines, Models, Reduction in Force, State Legislation, Teacher Dismissal
NOLPE, 5401 S.W. 7th Ave., Topeka, KS 66606 ($6.95)
Publication Type: Opinion Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.