What is a RIF?
When a local education agency (LEA or school district) decides that it is likely to need fewer certificated employees in the next school year than it used in this school year, it may choose to do away with the positions it believes will not be needed. This is known as a reduction in force for a particular kind of service and usually results in our members receiving layoff notices.
The Board of Education must pass a resolution describing the positions it will eliminate and notify the employees who may be affected on or before March 15 (Education Code 44949). In general, employees will be laid off in reverse order of their hire dates and probationary employees may not be retained while a permanent employee is laid off. Seniority is determined by the first date of paid probationary service (EC 44955). The LEA shall establish “tiebreaker” criteria when two unit members have the same hire date.
If the LEA can demonstrate a specific need for a specific course of study or services, they may establish “skip” criteria enabling them to retain a less senior person over a more senior person.
What should I do if I receive a RIF notice?
If you receive a RIF notice, you are entitled to a hearing to determine if the LEA has conducted the layoff in accordance with the law. We encourage everyone to exercise their right to a hearing by filling out the CTA provided Request for a Hearing Form. Once you receive the RIF notice, you have seven (7) calendar days in which to request a hearing, or you have waived your right to one. Vacaville USD may include forms of its own for your use. Please use the CTA provided forms. Bring it down to the District office personally, get it date and time stamped and make a copy to return to CTA.
After you file the “Request for Hearing” Form, you will be served with an “Accusation.” You’re not being accused of anything other than being in the wrong place at the wrong time, so don’t let it bother you. At that point, you have five calendar days to file a “Notice of Defense.” Vacaville USD may include forms of its own for you use. Please use the CTA provided forms. Bring it down to the District office personally, get it date and time stamped and make a copy to return to CTA.
It is possible that prior to the hearing some or all of the notices will be rescinded and you will not be required to attend a hearing. However, if you are not fortunate enough to have your RIF rescinded, you will need to attend a hearing. We will provide you with as much notice as we can of the hearing date. It will likely be some time in April.
You will be given time off to attend the hearing. The hearing will be in front of a neutral administrative law judge appointed by the state Office of Administrative Hearings. The ALJ must render a recommendation to the school board on or before May 7, 2008. The school board must act to adopt or reject the decision of the ALJ on or before May 15, 2008
We will schedule a meeting for all of the RIF’ed teachers as soon as possible after the notices have been received. At that time, we will review the process, collect the information we need to provide you with the best defense we can and answer questions you may have.
Rights of Teachers Who are RiF’ed
Permanent employees who are under age 65 have a preferred right of reappointment to any position for which they are qualified for 39 months. Probationary employees have the same right for up to 24 months. In other words, should a position open up you would have a right to it before it can be offered to any one else. In addition, you may waive your right for up to one school year without losing it. Should you be reappointed to a position you will retain your seniority and all rights that come with it (EC 44956).
