Lay-Offs, RIFs, and Pink Slips
Presented by:
UACT
Jake Anderson
Temporary vs. Probationary
vs. Permanent
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Temporary
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Bakersfield Decision (2006)
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Interns
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Probation 0
Probationary
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Covering a person on leave
On a contract that has a specific end-date
Paid out of a categorical program
Emergency credential
Hired by district, but are not listed above
Permanent
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First day of work in third year (interns?)
Temporary vs. Probation
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Temporary
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At-will employee
Did not get pink slip
No re-employment rights
Probation and permanent
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Rest of presentation is about you
What is a RIF?
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Reduction in Force (RIF)
Education Code 44949, 44955, 87743
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Declining enrollment
Budgetary Issues
Eliminating a particular kind of service (PKS)
Ed Code and Board Policy dictate what the
rules are
Association's role is to ensure rules are
followed
Seniority
Set on first date of paid
probationary service
Who was given notice?
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Multiple Subject Credential, K-6 Teachers
35 FTE
Middle School Math (Authorization through 9th grade)
7 FTE
Middle School Social Studies (Authorization through 9th grade) 4 FTE
Middle School Science (Authorization through 9th grade)
4 FTE
Middle School English (Authorization through 9th grade)
7 FTE
High School English
12 FTE
High School Social Science
3 FTE
High School World Languages (Spanish)
4 FTE
High School Geo Science
3 FTE
High School Biology
3 FTE
High School Chemistry
2 FTE
Instrumental Music
1 FTE
Chorale Music
1 FTE
Photography
1 FTE
Physical Education
3 FTE
Elementary Counselors
5 FTE
Secondary Counselors
4 FTE
What happens now?
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You get your notice on or before March 15
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You have 7 CALENDAR days to notify the district
you want a hearing (Page #1)
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Once the District has received your request they will
give you Notice of Defense paperwork
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Use the forms in the packet from CTA.
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You must get notice of defense after receipt of
“letter of accusation” back to the district in 5
CALENDAR DAYS (Page #2)
RIF Data Form
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Fill in the RIF Data Form and get to UACT ASAP-
DO NOT GIVE TO THE DISTRICT
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Fill out the info as thoroughly as possible- it
will be used to determine the order of the
lay-off.
RIF Data Form Continued
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#5- Use personal- you may be having
confidential conversations
#9- Prob or Perm?
#10- Seniority date
#11- Seniority list #
#14- All places worked
#19- Breaks in service
#20- Retirements/resignations
#22- Cannibalism?
ALERT PAGE
This page is for your attorney to alert
him if you know of something specific
that the district missed or messed-up.
Tie-Breakers- Adopted by
CVUSD Board on Feb 23rd
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EL Authorization
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BCLAD/BCC
Other EL Authorization
Number of credentials/authorizations
Additional degrees and/or units
First date of paid service in CVUSD –
NEW- NOT necessarily seniority date
Total certificated teaching experience
Random Selection
Skips!?!?!?
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EARThS Magnet School Teachers (Teachers who met the criteria
expressed in Board Policy 6181.1 and Administrative Regulation
6181.1, including being selected through a competitive selection
process and provided extensive training).
Open Classroom Leadership Magnet School Teachers (Teachers
who met the criteria expressed in Board Policy 6181.1 and
Administrative Regulation 6181.1, including being selected through
a competitive selection process and provided extensive training).
Certificated Employees possessing a BCLAD/BCC authorization
ELL Teachers on Special Assignment (Hired through a competitive
selection process)
Junior Kindergarten Teachers (Hired through a competitive
selection process)
How can they skip?
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Based on Ed Codes 44955-44957
Supporting case law
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Popper v Tamalpais
Alexander v Delano Joint Union HS Dist
Moreland Teachers Assoc v Kurze
Meet three criteria
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Specific training needed for program
Using the training in a program now
Competitive process to get job
What are your rights?
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A right to a hearing
to determine if your
lay-off is
appropriate
Subbing
Permanents
you get paid
regular rate if you
work more than 20
days in a 60-day
period.
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Permanent
Employees
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39-month
reemployment list
Probationary
Employees
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24-month
reemployment list
Benefits?
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District-paid health benefits run until
September 30, 2010.
Unemployment? Yes
What the #%$ is a reemployment list?
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A list of employees showing their seniority
and credential
Will be used to determine when/if you are
called back to work in the district
You will be contacted if a position opens in
the district that you are credentialed for.
YOU WILL GET THAT JOB if you accept it.
You can decline the job offered to you with
no repercussions for one year (EC 44956 (2))
if you are permanent
I’m at a different place on the
seniority list than I was last year!
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Tie-breakers changed
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Years in CVUSD count differently
No more “utility player”
Name drawing added
People could have gotten more
credentials/authorizations
District cleaned-up temp issues
CVUSD Tie Breakers this year
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Step 1: EL Authorizations Held:
a. BCLAD/BCC (2 points)
b. Other EL authorization (1 point)
c. No EL authorization (0 points)
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Step 2: Number of Clear or Preliminary Credentials or Authorizations
Held:
a. Possession of clear of preliminary credential (0 points are given for
intern or temporary credentials or authorizations)
b. Additional authorizations (1 point is given for each authorization)
c. More than one credential (1 point is given for each credential)
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Step 3: Professional preparation – Degrees and Graduate Units from an
Accredited College (No extra points are given for multiple degrees)
BA/BS with less than 45 units beyond the Bachelor’s degree (1 point)
BA/BS + 45 units [Column III on Salary Schedule]
(2 points)
BA/BS + 60 units [Column IV on Salary Schedule]
(3 points)
MA/MS [Column V on Salary Schedule]
(4 points)
CVUSD Tie breakers (cont)
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Step 4: First date of paid service with the
Conejo Valley Unified School District (as a
Certificated or classified employee, excluding
service as an exempt employee or as either a
day-to-day, long-term or substitute employee).
Step 5: Total certificated experience in a public
school, K – 12, with a valid credential. (1 point is
given for each year of experience)
Step 6: Final Tie Break by Random selection
(Names of employees with tied seniority will be
determined and ranked in the order drawn).
Mock 39-month list
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Chrissie Hynde- Mult Subject 8/29/04
Bob Marley- Single Subject math 8/29/04
Dave Matthews- Mult Sub; Eng Supp 8/29/04
Madeline Peyroux- Single Sub Eng 8/29/04
Dave King- Mult Subject 8/27/05
Janis Joplin- Mult Subject 8/26/06
Joey Ramone- Single Sub Science 8/28/07
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Gordon Sumner- Single Sub Hist; SPED supp 8/30/08
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Your Attorney
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Will walk you through the process
Will argue your case in front of a judge
Will be paid for by CTA dues
If you are not a member, CTA will not
represent you
May not get anything for you other than an
assurance the process has been followed
correctly
Mom and Dad?
Conflict of Interest
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The attorney assigned to you will also
represent the others being let go.
This is a potential conflict of interest and you
must sign a waiver stating you understand
the situation and waive your rights.
Attorney’s Firm is
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Hathaway, Perrett, Webster, Powers, Chrisman,
& Gutierrez
I’m last on the list- should I file
for a hearing?
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It is your call
The district could have made a
mistake in identifying people
for layoff.
It is your right to do it.
Questions?
Jake Anderson
CTA Staff
Unified Association of Conejo Teachers
O (805) 497-8220
F (805) 497-1458
janderson@cta.org