Common use of Notification of Anticipated RIF Clause in Contracts

Notification of Anticipated RIF. a. If the Board determines a RIF may occur, the Board shall notify the KEA in writing, not less than sixty (60) calendar days prior to the date the Board will take action on the RIF. The notification shall include the reason(s) for the RIF, the position(s) to be reduced, the name(s) of the teachers to be affected, the date of Board action to implement the RIF, and the effective date of the RIF. b. The Board shall develop and provide the KEA with a RIF list of potentially affected teachers. c. Within ten (10) days of receipt of the notification, representatives of the Board and the KEA shall meet to review the proposed RIF. Once this meeting has occurred, there shall be no involuntary transfers until all bumping has been completed. a. In determining the position(s) to be reduced, the Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. The following sequence shall be used for a reduction in force: (1) The number of persons affected by a reduction in staff will be kept to a minimum by not employing replacements insofar as practical for positions vacated as a result of voluntary resignation, retirement, or death. The parties recognize, however, it may be necessary to hire some replacements for these positions if other teachers do not possess the certification/licensure for the position and the position is one that must be filled. (2) If additional reduction is necessary, then part-time teacher(s) shall be laid off before full-time teacher(s). However, part-time teacher(s) on continuing contracts will receive preference over part-time or full-time teacher(s) on limited contracts. (3) If additional reduction is necessary, then within each educational level, high school, middle school, elementary school, and at that level within each certification/licensure area affected, reductions shall be made first of teacher(s) with limited contracts and then of teacher(s) with continuing contracts. (4) Prior to an actual layoff, a teacher who is subject to layoff in his/her current assignment shall be notified of his/her “displacement (bumping) rights; and given at least five (5) days to exercise them. A teacher who receives a layoff notice in his/her current certification/licensure area shall have displacement (bumping) rights to displace the least senior teacher in the same or different certification/licensure area if the teacher being laid off has a valid certificate/license in that area and has greater seniority than the other teacher; and evaluations comparable to the least senior teacher. (5) As a result of the above, if a teacher who displaces the least senior teacher does not possess highly qualified teacher (HQT) status, the teacher will be provided a two-year period of time to achieve HQT status relevant to that assignment. If HQT status is not achieved in that period of time, the teacher may be subject to reduction in force without complying with the general provisions of this Article VII. C. b. Layoff shall occur by suspension of contract. c. A teacher to be laid off due to RIF shall be given thirty (30) days advance written notification prior to Board action on the implementation of the RIF. The President of KEA shall be sent a copy of said notification at the same time. The notice shall state the reason for RIF, the effective date of contract suspension, and the date of the Board's action to implement the RIF.

Notification of Anticipated RIF. a. A. If the Board employer determines a RIF may occur, the Board employer shall notify the KEA Association in writing, not less than sixty (60) calendar days prior to the June Board meeting, of the date the Board will take action on the RIFRIF is to be implemented. The notification shall include the reason(s) for the RIF, ; the position(s) to be reduced, eliminated, or not filled; the name(s) of the teachers employee(s) to be affected, ; the date of Board employer action to implement the RIF, ; and the effective date of the RIFRIF which shall be no later than August 15th, except a RIF because of a return from a leave of absence may occur at any time. b. B. The Board employer shall develop and provide the KEA Association with a RIF list of potentially affected teachersemployees which shall be based on the seniority list. (As established in Section 8.10 et seq.) c. C. Within ten (10) days of receipt of the notification, representatives of the Board employer and the KEA Association shall meet to review the proposed RIF. Once this meeting has occurredIf the Union disagrees with the reason(s) for or implementation of the proposed RIF, there the Association may meet with the Board in executive session to present its views. D. Any action by the Board to enact a reduction in force other than a RIF because of a return from a leave of absence shall be no involuntary transfers until all bumping has been completedtaken prior to the first day of June in the year the plan is to be implemented. a. A. In determining the position(s) to be reduced, eliminated, or not filled, the Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. The following sequence shall be used for a reduction in forceused: (1. Position(s) The number of persons affected by a reduction in staff will be kept to a minimum by not employing replacements insofar as practical for positions vacated as a result of voluntary resignation, retirement, or death. The parties recognize, however, it may be necessary to hire some replacements for these positions if other teachers do death will not possess the certification/licensure for the position and the position is one that must be filled. (2) . If additional reduction is necessary, then part-time teacher(semployee(s) holding limited contracts shall be laid off before full-time teacher(s). Howeverin reverse seniority order, part-time teacher(si.e., least senior employee(s) on continuing contracts will receive preference over part-time or full-time teacher(s) on limited contractsis the first to be laid off. (3) . If additional reduction is necessary, then within each educational level, high school, middle school, elementary school, and at that level within each certification/licensure area affected, reductions full-time employee(s) holding limited contracts in the lowest comparable evaluation rating categories shall be made first of teacher(s) with limited contracts and then of teacher(s) with continuing contractslaid off in reverse seniority order within the comparable evaluation rating category. (4. If additional reduction is necessary, employee(s) Prior to an actual layoff, a teacher who is subject to layoff holding continuing contracts in his/her current assignment the lowest comparable evaluation rating categories shall be notified of his/her “displacement (bumping) rights; and given at least five (5) days to exercise them. A teacher who receives a layoff notice in his/her current certification/licensure area shall have displacement (bumping) rights to displace the least senior teacher in the same or different certification/licensure area if the teacher being laid off has a valid certificate/license in that area and has greater reverse seniority than order within the other teacher; and evaluations comparable to the least senior teacherevaluation rating category. (5) As B. During the implementation of RIF, no reassignment, transfer, or reclassification shall occur that will cause a result of the above, if more senior employee to be laid off before a teacher who displaces the least less senior teacher does not possess highly qualified teacher (HQT) status, the teacher will be provided a two-year period of time to achieve HQT status relevant to that assignment. If HQT status is not achieved in that period of time, the teacher may be subject to reduction in force without complying with the general provisions of this Article VII. C.employee. b. C. Layoff shall occur by suspension of contract. c. A teacher to be laid off due to RIF shall be given thirty (30) days advance written notification . The limited contract of an affected employee that expires prior to Board action on the implementation of the RIF. The President of KEA shall be sent a copy of said notification at the same time. The notice shall state the reason for RIF, the effective date of contract suspension, the RIF shall be renewed and the date of the Board's action then suspended to implement the RIFlayoff.