ERIC Number: ED245380
Record Type: RIE
Publication Date: 1983
Reference Count: 0
The Law on Reduction In Force: An Overview and Update.
Zirkel, Perry A.
This chapter provides an overview of legislation and litigation relating to reduction in force (RIF) with a focus on cases decided since 1980. State statutes continue to be the primary source of the law concerning RIF, so a table is provided for these statutes and their various provisions. These statutes include the dismissla-type, and the less numerous layoff-type, with provisions for recall or restoration. The most common statutory reasons for RIF are enrollment decline, followed by fiscal or budgetary constraints, reorganization or consolidation of school districts, reduction in the number of teaching positions, curricular changes, and the catchall provision, "other good or just cause." Nonstatutory reasons for RIF may be included in collective bargaining agreements. Courts have made clear, however, that they will not tolerate school boards' use of RIF as a fictitious pretext for discharging a teacher on other grounds. Once a bona fide reason for RIF is established, the next decision is the proper order of RIF. Criteria in various statutes include tenure status, seniority, and other formulae such as seniority-plus-merit. Limits on these criteria include realignment clauses, sex balance, and affirmative action. Other issues discussed include due process requirements for RIF and recall rights. The chapter concludes with nine summary generalizations about the legal status of RIF. (TE)
Publication Type: Legal/Legislative/Regulatory Materials; Reports - Descriptive
Education Level: N/A
Audience: Policymakers; Administrators; Practitioners
Authoring Institution: N/A
Note: Chapter 9 of: Legal Issues in Public School Employment (EA 016 920).