4160 - Reduction in Force Policy for Certificated Staff
Adoption Date: 01/08/2018
Revision History: Reviewed 12/14/2020
A. For purposes of this section certificated staff means and includes all teachers and administrators as defined in Section 79824 of the Nebraska statutes.
B. Employee evaluation shall be included as a criterion to be used for reduction in force. Specific criteria shall be those criteria described for the appraisal process in Board Policy 4033 Purposes of Staff Appraisal.
C. Determination of Sequence of Reduction in Force
1. In the event that reduction in certificated staff is found to be necessary, the District shall consider reduction by program and/or curricular area. The reduction shall be accomplished in the sequence outlined below:
a. Temporary and part-time certificated employees.
b. Probationary certificated employees with emergency, provisional certification, or not endorsed in the program where the reduction will occur.
c. Probationary certificated employees based on hire date.
d. Probationary certificated employees in other programs whose positions are taken by a permanent certificated employee who is exercising his/her rights under Subsection C. 2(a) of this section and who otherwise would have been terminated in the reduction in force.
e. Permanent certificated employees in the program where the reduction will occur.
2. No permanent certificated employee will be terminated while a probationary certificated employee is retained to render a service in any program of the Omaha Public Schools which the permanent certificated employee is qualified to perform by reason of certification and endorsement or, where certification is not applicable, by reason of college credits in a particular teaching area, provided:
a. The permanent certificated employee accepts reassignment to the position of service previously held or performed by the probationary certificated employee.
b. If the length of continuous Omaha Public Schools’ service is identical for two or more certificated employees and the reduction in force does not require that all these certificated employees lose their employment, the order within this group shall be determined by a random number selection process. Designation of the program where reductions are needed and of employees in the program will be made by the superintendent.
c. Any certificated employee whose contract is terminated because of reduction in force shall be given the rights conferred by Section 79-848 of the Nebraska statutes and shall, upon request, be provided with the letter specified in that section. Such employee shall have preferred rights to re-employment for a period of 24 months commencing at the end of the contract year, and the employee shall be recalled on the basis of length of service to the school to any position for which he/she is qualified by endorsement or college preparation to teach. The employee shall, upon re-employment, retain any benefits that accrued to said employee prior to termination, but such leave of absence shall not be considered as a year of employment by the district.
Any employee under contract to another educational institution may waive recall, but such waiver shall not deprive the employee of his/her rights to subsequent recall.
d. Before a reduction in force occurs, the school board or board of education and the school district administration shall present competent evidence demonstrating that a change in circumstances has occurred necessitating a reduction in force. Any alleged change in circumstances must be specifically related to the teacher or teachers to be reduced in force, and the board, based upon evidence produced at the hearing required by sections 79-824 to 79-842, shall be required to specifically find that there are no other vacancies on the staff for which the employee to be reduced is qualified by endorsement or professional training to perform.
In addition to the foregoing, this policy shall specifically permit and allow reductions in force to occur which deal with: total elimination or termination or amendment of contracts, other than collective bargaining agreements; reclassification of positions from full-time to part-time; and reduction from part-time to a lesser part-time.
Legal Reference:
Neb. Rev. Stat. 79-846 to 79-849