News

Thursday, March 19, 2009

Permanent Positions Layoffs and the Release of Temporary Teachers

There appears to be confusion about the number of positions that may be eliminated by the Santa Barbara School Districts due to budget cuts. The districts’ Personnel Department has issued only 63 notices to permanent teachers, far fewer than have been reported in the media. It is important to distinguish between two distinct groups of valued employees: permanent teachers, which are covered by a negotiated agreement, and the annual release of temporary teachers with time-limited appointments.

PERMANENT POSITION LAYOFFS

Permanent teaching positions are those held by probationary and tenured educators. As prescribed by law, by March 15 of every year reduction-in-force (RIF) notices, commonly referred to as layoffs, must be issued when a school district’s budget for the coming year indicates a possible surplus of teaching staff. A reduction in force may be needed because of declining enrollment, lack of funds, elimination of positions, or other reasons.

There are necessary procedures required in a reduction in force and recourse options available only to a permanent teacher (e.g., right to a hearing to determine if they should be laid off).

A reduction of force goes into effect after multiple measures are instituted. Measures taken by our districts include a spending freeze on all general fund expenditures; freeze on overtime and extra time; identification of vacant positions that can be left unfilled; replacement of only those positions deemed mission critical; dialogue with both employee associations regarding the state’s fiscal condition and its implications for our districts; meetings with stakeholders to discuss the budget crisis and solicit input on how to reduce expenditures and increase revenues.

On March 10, 2009, our board of education made the difficult decision to issue 65 precautionary reduction-in-force notices to permanent teachers. However, voluntary retirements or resignations by other permanent teachers have resulted in the issuance of 63 reduction-in-force notifications. As resignations and retirements are received and approved by the board of education, it will allow the districts to rescind RIF notices.

RIF notices create a negative impact for the employees who receive them as well as affecting the morale of the entire school community. Public schools across the state are convulsing as some 26,000 teachers receive the dreaded notices.

RELEASE OF TEMPORARY TEACHERS

Temporary teachers are hired on a short-term basis. Temporary teachers are not on a tenure track. They are generally time-limited replacements for permanent teachers on leave of absence or they may be on a short-term assignment funded with short-term restricted funds. Nonetheless, the board must issue an annual notice of release each spring for temporary teachers, as required by law. Example, if a permanent teacher is out sick for three months, a temporary teacher is hired to fill the position until the permanent teacher returns to work. Once the permanent teacher returns to work, the temporary teacher is released with proper notification, which differs from procedures required in a reduction in force and recourse options available to a permanent teacher.

On March 10, the board of education took the required legal action to release 125 part-time or full-time temporary teachers, a release consistent with the initial conditions of hire. Because the notice of release generally appears on the same board agenda as reduction-in-force notifications for permanent teachers, the inclination by some is to add the total number of permanent position layoffs and release of temporary teachers, which is misleading.