Examining the Impact and Equity of Seniority-Based Teacher Layoff Notices in Washington State: 2008-09 to 2009-10 A Report Submitted to the Harry Bridges Center for Labor Studies Prepared by: Margaret L. Plecki Associate Professor Matthew Finster Graduate Research Assistant University of Washington College of Education November 2010 Table of Contents Abstract and Acknowledgements…………………………………….…………… iii I. Purpose of the Research……………………………………………………..….1 II. Summary of Relevant Literature about Reduction in Force………………...1 III. Research Questions…………………………………………………………….2 IV. Data Sources and Methods…………………………………………………….3 V. Study Findings…………………………………………………………………...5 A. Characteristics of Teachers Receiving RIF notices……………………...……5 B. Characteristics of Schools with RIF staff……………………………………..7 C. Impact of RIF on Retention, Mobility and Attrition…………………....……..9 D. Comparison of Districts’ Collective Bargaining Agreements……………….. 11 E. Initial Comparison of 2009 and 2010 RIF Lists…………………………...….13 VI. Summary ………………..……………………………………...……………….15 References………………………………………………………………….…………17 Appendices Appendix A-RIF Schools by District Appendix B-Teachers by School Demographics by District Appendix C-Teacher Rehire Rate by School Demographics ii Abstract In the current economic downturn, a process known as Reduction in Force (RIF) has been used by districts to alleviate growing financial pressures. As mandated by policies of collective bargaining agreements, seniority is the primary criterion for determining who receives a RIF notice. Some research indicates that inequalities result from seniority-based RIF processes in large urban settings. However, given a lack of empirical evidence examining the impact of the RIF process at the school level in settings other than large urban districts, our guiding research question is: Are different types of schools impacted disproportionally, and, if so, which types of schools and to what degree? This primarily quantitative study examined the impact and equity of the distribution of RIF notices across schools in ten districts in Washington state. Overall, our data suggests that while there is some evidence of inequities of the RIF process at the school level, it is not uniformly present across all districts. Additionally, variations in the methods used to conduct seniority-based layoffs create slight differences in the identification of teachers who receive a RIF notice. As the current economic climate continues, RIF is likely to reoccur in districts and schools. Research examining the equity of the distribution of seniority-based RIF notices may help inform district staffing policies. Acknowledgements The authors gratefully acknowledge support for this research that was provided by the Harry S. Bridges Labor Research Center at the University of Washington. However, the analyses and opinions provided in this report are the sole responsibilities of the authors. iii I. Purpose of the Research While teacher layoffs in K-12 education have occurred multiple times across the nation over the past three decades, there is limited research that examines the characteristics of teachers who receive Reduction in Force (RIF) notifications, the impact of teacher layoffs on teacher quality, and the implications for the equity of access to education. In recent years, questions about the role of seniority in determining who receives layoff notices have sparked considerable debate in education policy circles. However, little empirical work exists as to whether senioritybased teacher layoffs create distributional inequities on specific types of schools and the students who attend them. This research report expands on our initial analysis of RIF notices issued by Washington school districts in the Spring of 2009. We expanded this initial descriptive work to include an examination of whether the 2009 layoff notices and the subsequent re-hiring rates had a disproportionate impact on students located in high-poverty or racially/ethnically diverse schools. In doing so, we examined the impact of layoff notices at the individual school level. We focused on the individual school level because often inequities among schools within the same district (intra-district differences) are more pronounced than inequities found across different districts. Evidence as to whether such disparities exist in Washington state can help inform the policy debate regarding any unintended consequences of seniority-based layoff procedures. II. Summary of Relevant Literature about Teacher Layoffs Much of the current debate about Reduction in Force (RIF) centers on the traditional role of seniority as the primary determinant in decisions regarding who receives layoff notices. While some specific elements of the RIF process are dictated by state statute, state board of education regulations, collective bargaining agreements, and/or local school board policies, the widely accepted practice of basing layoffs on seniority alone is not necessarily legally required (Wood, 1986). In Washington state, collective bargaining agreements between school districts and education associations establish seniority as the controlling factor in determining which teachers should receive a RIF notice. State statutes in Washington clarify the meaning of seniority in layoff procedures, including a ruling in how seniority status is to be calculated. In Oak Harbor School District v. Oak Harbor Education Association (1976), a Washington Superior Court ruled that school districts using seniority lists as a determinant in layoff procedures are required to compute seniority with reference to total years of service within the state of Washington rather than years of service in the profession (including years spent working out of state) or years of service within a district. However, state statutes do not require the use of seniority as the sole or primary criterion. Thus, from a legal perspective, alternatives to seniority-based layoff procedures are potentially available for local school boards and employee associations to consider (Wood, 1986). Even though alternatives are possible, seniority-based procedures have dominated layoff practices and policies across the nation. In 2009, nearly 60,000 teachers were laid off by districts using seniority as the primary determinant (National Center for Teaching Quality, 2010). Some policymakers wish to curtail or amend the predominant role of seniority in determining layoffs, including efforts in the U.S. Congress to tie federal aid to the elimination of seniority-based layoffs (Sawchuck, 2010). Advocates of this approach argue that seniority-based practices 1 exacerbate the number of jobs lost and raise concerns about ignoring the role of teacher performance in determining layoffs (Chait & Miller, 2009; Roza, 2009; NCTQ, 2010). These concerns are supported by a recent empirical example provided by Boyd, Lankford, Loeb & Wyckoff (2010) which demonstrates that using a seniority-based layoff procedure compared to a value-added system results in more layoffs and a less effective workforce. Additionally, there is some evidence which suggests that teacher layoffs disproportionately impact high-poverty and high-minority schools (Chait & Miller, 2009; Sepe & Roza, 2010) and further exacerbate problems with recruiting and retaining teachers to work in challenging schools. This claim is supported by evidence that in some large urban districts, inexperienced teachers are disproportionately located in high-poverty schools and in schools serving high proportions of students of color (Lankford, Loeb & Wyckoff, 2002; Peske & Haycock, 2006; Levin, Mulhern & Schunck, 2005). Recently in California, a class-action lawsuit, Reed v. State of California, was brought against the state and the Los Angles Unified School District concerning the impact of teacher layoffs at three of the district’s middle schools. The lawsuit claimed that the teacher layoffs implemented by the district resulted in a negative and disparate impact on middle schools serving primarily students of color and students in poverty, as compared to the district’s more affluent schools. The Superior Court agreed that the teacher turnover associated with the layoff procedures did impose severe harm on the students in the three middle schools, denying them the right to equal educational opportunity (National Access Foundation, 2010). The tentative settlement reached between LAUSD and the plaintiffs’ attempts to make layoffs more equitable by capping the number of teachers that can be laid off from a particular school (Llanos, 2010). However, the evidence regarding the disparate impact of seniority-based layoffs is based on studies of very large urban school districts such as New York and Los Angeles. Thus, we do not know whether, or in what specific ways, this research is applicable to conditions in a variety of districts in Washington state. In fact, our initial analysis of the data regarding layoff notices in 2009 indicates that not all teachers who received layoff notices were inexperienced. Nearly onefifth of teachers that received a RIF notice in Washington state had more than five years of experience, and of these, nearly half had more than 10 years of experience (Plecki, Elfers, & Finster, 2010). This provides some aggregate data that questions whether the “last hired, first fired” rule is uniformly present. We have a hypothesis that the findings from our aggregate data is in part a function of the fact that in Washington, layoff procedures favor those whose years of teaching experience are within the state over total experience acquired both in and out of state (Oak Harbor School District v. Oak Harbor Education Association, 1976). Further empirical research is also needed to determine if there is a disparate, negative impact of teacher layoffs on particular schools and particular subgroups of students within specific districts in Washington State. If disparities do indeed exist, then perhaps alternatives to seniority-based layoff procedures are in need of consideration to address equity concerns. III. Research Questions In order to assess the impact of the 2009 RIF notification process on schools, teachers and students, our research addressed the following questions: 2 1. What are the individual characteristics of teachers who received RIF notices? Why did teachers with more than five years of experience receive a layoff notice? 2. What are the characteristics of individual schools where RIF notices occurred? What are the characteristics of students most impacted by teacher layoff notices? 3. Do teacher layoff notices differentially impact particular schools within the same district? If so, in what specific ways? 4. Are high-poverty, high-minority and/or high-performing schools more likely to be impacted by RIF notices than other types of schools? 5. How did the re-hire rates of teachers who received RIF notices vary among schools within and across districts? What factors are associated with these differences? 6. In what ways do collective bargaining agreements affect the RIF process in a sample of districts that issued layoff notices? 7. What can we learn from initial district and teacher-level data about layoff notices issued in 2010 as compared to those issued to 2009? IV. Data Sources and Methods This is primarily a quantitative study that integrates a variety of large scale, state-level databases maintained by the Sate of Washington’s Office of the Superintendent of Public Instruction and the Professional Educator Standards Board. These state data sources include administrative data for all education personnel, the state’s teacher certification database, and school and district data regarding fiscal indicators and student and teacher demographics. Drawing from a list of all school personnel in the state of Washington who received a layoff notice in the Spring of 2009, we constructed datasets and conducted analyses that addressed our research questions. To analyze the individual characteristics of teachers that received a RIF notice (RIF teachers), we compared RIF teachers to all teachers statewide in regards to age, ethnicity, levels of education, and experience. Additionally, we examined how teachers who received a RIF notice were distributed across schools within individual districts. As previously mentioned, our initial analysis found that nearly one-fifth of RIF teachers had more than five years of experience. After securing and examining the state’s teacher certification database, we were unable to verify whether teachers had out of state teaching experience. In order to gauge the discrepancy between in-state and out-of-state experience levels of teachers in one district, we compared the experience levels in the state personnel database (S-275) and the in-state experience listed on the individual district seniority lists created for the RIF process. This provides some information on why one-fifth of the teachers that received a RIF notice had more than five years of experience. In order to examine the characteristics of individual schools and determine how layoff notices may have differentially impacted schools within the same district, we created a database which links the teachers that received a RIF notice to their school building, allowing us to compare schools which experienced a RIF and schools which did not, within our sample districts. We compared these schools to their respective district average student poverty and percent of students of color. An analysis was conducted to determine if novice teachers who received a RIF notice are overrepresented in high-poverty, high-minority schools. 3 With our data on the subsequent employment of the teachers that received a RIF notice, we were able to examine how teachers who were re-hired in the subsequent year (2009-10) were distributed in schools within and across districts. This data also allows us to compare the re-hire rates of teachers receiving a RIF notice by school poverty and student ethnicity. As part of our extended analysis, we reviewed the collective bargaining contracts from selected districts to examine whether any specific differences in collective bargaining contracts resulted in a different selection of teachers who received a RIF notice. We obtained the collective bargaining agreements for our ten sample districts and analyzed their individual layoff procedures. Specifically, we examined the ways in which layoff procedures may differentially identify those who receive a RIF notice in the sample districts. Lastly, we recently received the preliminary list of those who received RIF notices in 2010. This preliminary data contains 97% (286 of 295) of the school districts’ responses. As part of an initial analysis of this data, we compared some basic teacher and district information from 2009-10 with the prior year’s RIF list. District Sample For our school level analysis, we selected the ten districts in the state that issued the greatest number of RIF notices in 2009. The ten districts are: Auburn, Battle Ground, Bethel, Highline, Issaquah, Marysville, Peninsula, Puyallup, Seattle, and Spokane school district. The number of RIF notices issued by these ten districts ranged from 219 to 47 teachers. The school districts vary in the proportions of students of color and students living in poverty. The majority of the selected districts (70 percent) are located in the Puget Sound region. A majority of the sample districts (80 percent) are located in suburbs, while two are located in cities. Most sample districts have a student enrollment greater than 10,000 students. Table 1 Demographic Characteristics of Sample Districts District Name Bethel Issaquah Seattle Spokane Battle Ground Puyallup Peninsula Highline Marysville Auburn # RIF Notices 197 132 128 75 72 65 59 57 54 47 ULocale Code 21 21 11 12 21 21 21 21 22 21 Enrollment 08-09 18032 16696 45968 29692 13268 21676 9456 17548 11923 14937 Student Poverty 40.0 8.3 41.3 53.5 33.2 27.5 20.5 60.3 40.4 44.3 Percent Minority 35.7 30.1 56.6 22.8 12.5 30.7 19.9 66.7 32.5 55.7 4 V. Study Findings The findings are presented in five sections. First, we examine the characteristics of teachers receiving a RIF notice and the types of schools in which they work and provide comparisons with all the teachers in the districts. Second, we look at the characteristics of schools with RIF staff and compare them to all schools within the districts. Next, we analyze the impact of RIF notices on teacher retention by examining the re-hire rates of teachers receiving a RIF notice in different types of schools. Fourth, we examine differences in district collective bargaining agreements with respect to who receives a RIF notice. The report concludes with an initial comparison of the 2009 and 2010 RIF lists. A. Characteristics of Teachers Receiving RIF Notices Our first set of analyses examines whether higher proportions of RIF teachers were located in a district’s higher poverty schools. In five of the ten districts, teachers that received a RIF notice are overrepresented in schools with a poverty rate higher than the district’s average. As Figure 1 illustrates, in the Auburn School District, 55 percent of all teachers in the district work at schools below the district average poverty level, but only 34 percent of teachers receiving a RIF were at schools below the average poverty level. In the other four school districts in which teachers receiving a RIF notice are overrepresented in schools at or above the average district poverty levels, the differences between the percentage of RIF teachers and all teachers in the district’s higher poverty schools ranges from 7 percent to 9 percent. Figure 1: RIF Teachers and All Teachers by Student Poverty in the Auburn School District 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% RIF Teachers All Teachers FRPL students below 44.3% 34.0% 55.4% FRPL students above 44.3% 66.0% 44.6% 5 In contrast, in the other five districts, RIF teachers are under-represented in the district’s higher poverty schools. In other words, in these five districts, the proportion of RIF teachers in the district’s higher poverty schools is less than the proportion of all district teachers in higher poverty schools. In the Seattle School District, 49 percent of the teachers work in schools at or above the average district poverty level, but only 43 percent of the teachers that received a RIF notice were in a higher poverty school. Figure 2 shows the RIF teachers and all teachers by district average poverty level for all ten sample districts. Figure 2 Proportion of RIF Teachers Compared to All Teachers by Districts' Respective Average Poverty Levels Below district average FRPL Above district average FRPL 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% Auburn BaEle Ground Bethel Highline Issaquah Marysville Peninsula Puyallup SeaEle All Teachers RIF teachers All Teachers RIF teachers All Teachers RIF teachers All Teachers RIF teachers All Teachers RIF teachers All Teachers RIF teachers All Teachers RIF teachers All Teachers RIF teachers All Teachers RIF teachers All Teachers RIF teachers 0% Spokane We conducted a similar analysis that examines the distribution of RIF teachers by the proportion of students of color in the district’s schools. In 80 percent of our sample districts, the proportion of RIF teachers in schools at or above the districts’ average percent of students of color is greater than the proportion of teachers working in these types of schools. In these districts, the differences range from 18 percent to 4 percent, with Spokane representing the greatest difference. Figure 3 displays the proportion of RIF teachers compared to all teachers by percent of students of color for each district. 6 Figure 3 Proportion of RIF Teachers Compared to All Teachers by Districts' Respective Average Percent of Students of Color Auburn BaEle Ground Bethel Highline Issaquah Above district average ethniPcy level Marysville Peninsula Puyallup SeaEle All teachers RIF teachers All teachers RIF teachers All teachers RIF teachers All teachers RIFTeachers All teachers RIF teachers All teachers RIF teachers All teachers RIF teachers All teachers RIF teachers All teachers RIF teachers All teachers RIF teachers 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Spokane Below district average ethnicity level B. Characteristics of Schools with RIF staff In addition to our analysis of the distribution of individual RIF teachers across schools, we also examined the characteristics of schools with RIF staff (RIF schools) to those schools that were unaffected by RIF notices (non-RIF schools) and all schools within the districts. For our examination, we primarily contrast RIF schools to all the schools within their respective districts. In nine of the ten sample districts, RIF schools are slightly overrepresented by poverty rate compared to all schools in the district. To illustrate this point, we will discuss the Battle Ground School District, which has one of the larger proportional differences. In Battle Ground, RIF schools above the district poverty level of 33.2% represent 61.1% of the RIF schools, as compared to the 50.0% of all schools in the district that are above the poverty level. This information is depicted in Figure 4. 7 Figure 4 Percent of RIF Schools v. All Schools by Poverty Level in the Battle Ground School District 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Above average FRPL Below average FRPL RIF schools 61.1% 38.9% All schools 50.0% 45.5% *Note: 4.5% of schools FRPL unavailable or unreported Looking across all ten districts, the differences in percentages between the RIF schools and all schools range from 16 percent at higher than average poverty rates to 2 percent below the district average poverty rate. In four school districts, the discrepancy exceeds 10%. For example, in the Auburn School District, of the 18 RIF schools, 12 buildings (66.7%) were above the district average poverty level of 44.3%, and 6 buildings (33.3%) were below the average poverty rate. This compares to all schools in the district with 56 percent above and 43 percent below the poverty rate. In these cases, RIF schools with higher levels of poverty were disproportionately affected by the RIF process. Also, in 8 of 10 districts, RIF schools above the respective average percent of students of color are slightly overrepresented compared to all of the schools in the district. As an example, in the Spokane School District, there is a 16.3% differential; 60 percent of the RIF schools were above the average district ethnicity level of 22.8%, compared to 44 percent of all schools in the districts. Conversely, two school districts, namely, Battle Ground and Issaquah, had no discrepancies. This information is depicted in Figure 5, which overlays the percent of all schools over RIF schools by district. Additional detailed information for comparing the percentages of RIF schools and all schools below the respective district average is located in Appendix A. 8 Figure 5 Proportion of RIF Schools Compared to All Schools that are above Districts' Average Percentage of Students of Color In five districts, the number of non-RIF schools by grade group (e.g. elementary, middle, and high schools) is too small to make comparisons between RIF schools and non-RIF schools. Additionally, non-RIF schools are less likely to be traditional K-12 schools. Of the non-RIF schools in all of the ten sample districts, a disproportionate number (54.9%) are small alternative schools. In the other five districts which have a sufficient number to compare RIF and non-RIF schools, alternative schools are a large proportion of the non-RIF schools ranging from 31 percent to 76 percent. Thus, our school-based analysis was limited by these factors. C. Impact of RIF on Retention, Mobility and Attrition We now focus our attention on the impact of RIF notices on the employment status of teachers in the following year in these ten districts. In a previous analysis of the 2009 layoff notices (Plecki, Elfers, & Finster, 2010), it was determined that 87 percent of RIF teachers were re-hired in the subsequent year. Additionally, 60 percent of the RIF individuals were rehired at the same school. In this report, these individuals are referred to as “RIF stayers”. For each sample district, in order to determine the impact of RIF notices on schools with different characteristics, we linked the RIF teachers to their schools and determined the schools’ re-hire rate of RIF teachers. We then assigned the schools within each district into two groups based on the respective district average poverty rates and average percent of students of color. 9 The findings are mixed regarding the RIF teachers’ re-hire rates by school characteristics (e.g., poverty and ethnicity). In four districts, the percentage of stayers is higher in schools above the district average poverty level. The range of the percentage of RIF stayers at schools above and below the respective district average poverty level is 42.8% to 0%. Marysville School District has the largest differential between the percentage of stayers in schools above and below the district average poverty level, with a RIF teacher retention rate of 78.3% in schools above the district average poverty level compared to 35.5% in schools below the district average poverty level. This information is depicted in Figure 6. Figure 6 Percentage of RIF Stayers by Poverty Level in the Marysville School District 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% Stayers 30.0% 20.0% 10.0% 0.0% In District In Schools above In Schools below District Average District Average Poverty Level Poverty Level In four school districts, of the teachers that received a RIF notice, the percentage of stayers in schools exceeding the average district poverty level is larger than the percentage of RIF stayers in schools below the average district poverty level. This is finding is portrayed in the Auburn School District, in which, of the 31 RIF teachers in schools above the district average poverty level, 90.3% were rehired at the same school compared with 68.8% of the 16 teachers in schools below the district average poverty level. In two school districts, there is no difference between the percentage of RIF stayers in schools above and below the respective district average poverty level. In the remaining four school districts, there are higher percentages of RIF stayers at schools below the district average poverty level. In the case of the Peninsula School District, schools below the district average poverty level had a RIF teacher retention rate of 66.7% compared to schools above the district average poverty level which had a retention rate of 43.5%. The various differentials for each district are shown in Figure 7. Negative percentages indicate that the percentage of RIF stayers is greater in schools below the respective average poverty level. As can be seen in Figure 7, results are mixed, providing additional evidence that the impact of RIF varies greatly across the sample districts. 10 Figure 7 Differential of the Re-hire Rates at Schools above the District Average Poverty Level and Schools below the District Average Poverty Level 50.0% 40.0% Auburn BaEle Ground 30.0% Bethel 20.0% Highline Issaquah 10.0% Marysville Penninsula 0.0% Percent Stayers ‐10.0% Puyallup SeaEle Spokane ‐20.0% ‐30.0% We can conclude from this analysis that, in most of the sample districts, RIF teachers compared to all teachers in a district are disproportionately situated in schools with a respective higher level of students of color. In the case of student poverty, while the evidence is not as consistent across districts, in half of the districts, RIF teachers are more highly concentrated in respectively higher poverty schools. Furthermore, the results of the examination of the rehire rates of RIF teachers demonstrates that there does not appear to be a uniform pattern of RIF teachers being rehired at certain types of schools. In the next section, we depart from a descriptive analysis of RIF teachers and schools and we attempt to elucidate the potential influence of collective bargaining agreements on some of our findings regarding the characteristics of RIF teachers. In order to clarify our findings regarding the experience level of RIF teachers, we examine the potential effects of collective bargaining agreements on the RIF process and provide an explanation of how they may influence who receives a layoff notice. D. Comparison of Districts’ Collective Bargaining Agreements To examine the ways in which RIF procedures may differentially impact who receives a RIF notice, we collected and compared the Collective Bargaining Agreements for the ten sample districts. While all of the sample districts use seniority as the primarily layoff criteria (and often times within category or endorsement area), the means by which the collective agreements 11 stipulate that “seniority” is calculated includes several variations which may contribute to some variation in the experience levels of teachers that received a RIF notice. According to the ruling from Oak Harbor School District vs. Oak Harbor Education Association (1976) districts are required to compute seniority with reference to total years of service within the state of Washington. While six of our sample districts define seniority similar to the Collective Bargaining Agreement between Bethel School District #403 and the Bethel Education Association, which states “length of service within Washington State” (Collective Bargaining Agreement, 2009, p.36); four districts use the experience level “as stipulated in the S-275” (Collective Bargaining Agreement Puyallup School District No.3 and the Puyallup Education Association, 2008, p.56) or “as granted for salary purposes at time of initial employment” (Negotiated Agreement between the Issaquah Education Association and the Issaquah School District, 2007, p.76). In the state’s S-275 Personnel Reporting Instructions for School Year 200809, certificated years of experience are granted by professional education employment determined by experience in public or private P-12 schools in certificated positions, in colleges in comparable positions, and in governmental education agencies in professional positions. This potentially allows out-of-state teaching experience to be included in a teacher’s listed experience. These variations of the definition of “seniority” in the Collective Bargaining Agreements potentially impact teachers with out-of-state experience differently with respect to their placement on the seniority list used for layoff procedures. To explore how these variations may impact teachers, we compare districts that used different methods for calculating seniority. Of our ten sample districts, four school districts use the state’s S-275 database, while six school districts do not. According to a previous analysis (Plecki, Elfers, & Finster 2010), it was determined that one-fifth of RIF teachers had more than five years of experience. In the school districts which do not use the S-275, 13 percent of the RIF teachers had five years or more of experience. However, in the four school districts which use the S-275, less than five percent of the RIF teachers had five or more years of experience. The results indicate that in the sample districts that use the state’s personnel file (S-275) as the determinant of teachers’ years of experience for the RIF process, our analysis shows a higher percentage of RIF teachers with fewer years of experience. To provide clarification on this matter, we examine the Spokane School District which uses a seniority list based on Washington State public and private school experience. In school districts in which the Collective Bargaining Agreements specifically define seniority as “the length of service within Washington state” (such as theSpokane School District), teachers listed with more experience in the S-275 may still have received a RIF notice over a teacher with less experience. To examine this potential difference in Spokane, we compared the experience levels listed in the state personnel database (S-275) and the in-state experience listed on the district’s seniority list created for the RIF process. In Spokane, 15 percent of the teachers that received a RIF notice had 5 or more years of experience as listed in the S-275. However, according to Spokane’s 2008-2009 certificated seniority list, all of the teachers that received a RIF notice had 1 year or less of experience. This comparison is depicted in Figure 8. 12 Figure 8 Comparison of Experience Level by S-275 v. Certificated Seniority List of the Spokane School District's RIF Staff 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% 0 years .1‐1 1.1‐2 2.1‐3 S‐275 3.1‐4 4.1‐4.9 5‐9.9 10‐14.9 15‐24 08‐09 Seniority List By comparing the collective bargaining agreements in our sample districts we observe that the calculation of previous relevant teaching experience in the RIF process varies by district, depending on contract specifications. Since the RIF process varies greatly from year to year, in the next section, we begin to build an initial two year comparative analysis of the 2009 and 2010 RIF lists in order to describe the impact of the RIF process on districts and teachers over time. E. Initial Comparison of 2009 and 2010 RIF Lists As budgetary woes and economic uncertainty persist, RIF notices continue to be used by districts to mitigate financial pressures. To monitor the continuing impact of the RIF process and to gauge its prevalence, we compare the 2008-2009 and 2009-2010 RIF lists at the district and the individual teacher level. Preliminary data from 2010 indicates that the number of layoff notices decreased. In the preliminary data about the 2009-2010 school year, 566 teachers received RIF notices in Washington state.1 Nearly one quarter (23 percent) of districts report engaging in RIF as opposed to 46 percent in the 2008-2009 school year. Figure 9 depicts the number of RIF districts and teachers for 2008-2009 and 2009-2010. Of the 68 districts that reported engaging in RIF, 48 districts engaged in RIF the previous year; in other words, 71 percent of the districts are repeaters. This information is shown in Figure 10. Fifty percent of the districts that we selected for our analyses engaged in RIF both years, namely, Bethel, Highline, Maryville, Seattle, and Spokane. However, the number of teachers receiving a RIF notice in each of these districts 1 This is preliminary data. Nine districts had not yet reported their status at the time of this writing. 13 declined substantially, ranging from a decrease of 47 percent to 95 percent. As examples, Seattle allocated 128 RIF notices in spring of 2009 and only 35 in 2010, Highline issued 57 RIF notices in spring of 2009 and 30 in 2010. A comparison of the number of teachers receiving a RIF notice in 2009 and 2010 in these five districts is depicted in Figure 11. Figure 9 RIF Districts and Teachers 2008-2010 2000 1800 1600 1400 1200 1000 800 600 400 200 0 2008‐2009 2009‐2010 1857 566 RIF Teachers Figure 10 Comparison of the Number of RIF Districts 2008-2010 160 140 120 100 80 New 60 Repeaters 40 20 0 RIF Districts 2008‐2009 RIF Districts 2009‐2010 14 Figure 11 Comparison of the Number of RIF Teachers in the Repeater Sample Districts 250 200 150 100 50 0 Bethel Highline Maryville # RIF Teachers 2008‐2009 SeaEle Spokane # RIF Teachers 2009‐2010 The data indicates that the number of districts engaging in RIF and the number of RIF teachers declined substantially from the 2008-09 to 2009-10 school year. A majority of the school districts engaging in RIF procedures in 2009-10 are repeaters, and slightly less than 30 percent are districts that did not engage in a RIF process in the prior year. VI. Summary This report provided data and analyses about the impact of teacher layoff notices in selected schools and districts in Washington state. The common assumption is that layoff notices mostly impact teachers with the fewest years of experience, as most district use senioritybased systems in their layoff procedures. However, our earlier analysis found that nearly onefifth of teachers that received a RIF notice in Washington state had more than five years of experience, and of these, nearly half had more than 10 years of experience. In interpreting this result, it is important to note that in Washington state, a specific legal interpretation of how to construct seniority lists requires that years of teaching experience in Washington state prevails over total years of teaching experience both within and outside Washington. In addition, our examination of the collective bargaining agreements in our ten sample districts with the highest number of layoff notices indicated that there are some other small differences that exist in the methods used by districts to determine seniority lists. The bulk of our inquiry examined the equity of the distribution of teacher layoffs across schools within the same district. We examined whether higher poverty schools and schools serving higher percentages of students of color in each of our ten sample districts were disproportionately impacted by teacher layoffs. In summary, we found that there is a good deal of variation by district with respect to this question. While there is some evidence of inequities 15 in the distribution of RIF teachers across schools, it is not uniformly present in the districts we examined. We conclude that, while numerous factors and conditions influence how layoffs are distributed across schools, districts should be aware of the potential inequities and give some consideration to strategies which might help ameliorate the degree of disproportionality that might result. 16 References Boyd, D., Lankford H., Loeb, S., Wyckoff J. 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Court enjoins layoff at three Los Angeles Unified schools, Upholding students’ right to equal educational opportunity despite state’s budget cuts. Retrieved May 26, 2010 from: http://www.schoolfunding.info/news/litigation/05-10CA.php3 National Council on Teacher Quality. (2010). Teacher layoffs: Rethinking "last-hired, first-fired" policies. Retrieved from http://www.nctq.org: http://www.nctq.org/p/docs/nctq_dc_layoffs.pdf Oak Harbor School District v. Oak Harbor Education Association, 86 Wn.2d 497 (1976). Peske, H. & Haycock, K. (2006). Teaching inequality: How poor and minority students are shortchanged on teacher quality. Washington, DC: Education Trust. Plecki, M.L. (2000, July). Economic perspectives on investments in teacher quality: Lessons learned from research on productivity and human resource development. Education Policy Analysis Archives 8 (33). Plecki, M. L. & Monk, D. H. (2003). (Eds.) School Finance and Teacher Quality: Exploring the Connections. The 2003 Yearbook of the American Education Finance Association. Larchmont, NJ: Eye on Education. Plecki, M. & Loeb, H. (2004). Examining state and federal efforts to improve teacher quality: Lessons for policy design and implementation. In Smylie, M. & Miretzky, D. (Eds). Developing the Teacher Workforce. The 103rd Yearbook of the National Society for the Study of Education. Chicago, IL: University of Chicago Press: 348-389. 17 Plecki, M., Elfers, A., & Knapp, M. (2007). Who’s teaching Washington’s Children? A 2006 update. Report commissioned by the Center for Strengthening the Teaching Profession, Seattle, WA: University of Washington Center for the Study of Teaching and Policy. Plecki, M. & Elfers, A. (2008, March). Tracking the career paths of teacher education graduates. Paper presented at the annual meeting of the American Education Research Association: New York, NY. Plecki, M. L., Elfers, A. M., & Finster, M. (2010). Examining the impact of reduction in force (RIF) in Washington School Districts: 2009-2010. Paper presented at the annual meeting of the American Education Finance Association: Denver, CO. Plecki, M. & Elfers, A. (2009, November). Taking stock of Washington’s teacher workforce: An assessment of conditions prior to the economic downturn. A report commissioned by the Center for Strengthening the Teaching Profession. Seattle, WA: Center for the Study of Teaching and Policy. Sepe, C., & Roza, M. (2010). The disproportionate impact of seniority-based layoffs on poor, minority students. Center on Reinventing Public Education. Seattle, WA: University of Washington. Sawchuck, S. (2010, May). Congress urged to tie aid in jobs to elimination of seniority-based firing. Education Week. Retrieved from: http://www.edweek.org/login.html?source=http://www.edweek.org/ew/articles/2010/05/19/32lay off-side.h29.html&destination=http://www.edweek.org/ew/articles/2010/05/19/32layoffside.h29.html&levelId=2100 Wood, C. (1986). Reduction in force. In C. Wood (Ed.), Principles of School Business Management. Reston, VA: Association of School Business Officials International. 18 Appendices Appendix A-RIF Schools by District Appendix B-Teachers by School Demographics by District Appendix C-Teacher Rehire Rate by School Demographics 19 Appendix A- RIF Schools by District 20 Appendix B- Teachers by School Demographics by District 21 Appendix C‐Teacher Re‐hire Rate by School Demographics 22