Emery County School District
Policy: GCQA-Professional Staff Reduction in Force
Date Adopted: 7 September 1988
Current Review / Revision: 20 July 2011
The District may reduce the number of staff through a reduction in force due to one or more of the following:
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Declining enrollments in the District;
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The discontinuance or reduction of a particular service or program;
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The shortage of anticipated revenue after the budget has been adopted; or
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School consolidation.
When a reduction in force becomes necessary, the following items will be considered:
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Categories of work to be eliminated; such as programs and teaching subjects.
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Retention consideration will be given to educators who have the licensure, training and ability to teach in more than one area, if needed, including extracurricular activities. Consideration will also be given to endorsement levels in affected subject areas.
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Performance on the job as evidenced by performance ratings on the appropriate current Employee Evaluation Program instrument.
If an educator is to be released under this provision, he or she may file a written request, within 10 calendar days of receipt of the notice of reduction, to an informal meeting before the Board. Within 20 days of receiving such a request, the Board will notify the educator of the time and place scheduled for the informal meeting. The Board may, at its discretion, schedule the informal meeting for the next regularly scheduled Board meeting. The educator may have representation, at their own expense, and may be allowed to submit documents and affidavits, but will not be allowed to conduct discovery, or call or cross-examine witnesses.
Under Utah Code the District may not utilize a last-hired, first-fired procedure for staff reductions when terminating employees. A "last-hired, first fired" procedure means staff reduction that mandates the termination of an employee who started to work for the District most recently before terminating a more senior employee.
If any positions abolished are reinstated within one calendar year from the educator's last working day, those positions may be made available to those educators who were affected by the reductions, based on the needs of the District and educator qualifications.