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Got this today from my teachers' union rep:
Second Round RIFS (Reduction In Force)
Legal and NODD Advisory
Although the March 15th RIF proceedings have only just concluded, many questions have been raised about the possibility of a second round of RIFS. This advisory is intended to answer some of those questions.
Can school districts proceed with a second round of layoffs of certificated employees after the March 15th RIF process?
Yes but only if they satisfy three very specific conditions. The Education Code provides for second round reductions in force of certificated employees if three conditions are met:
1. The layoffs occur during the time period between 5 days after enactment of the Budget Act for a fiscal year and August 15th of that fiscal year;
2. The School District’s Board determines that its total revenue limit per unit of average daily attendance for that fiscal year will be less than 2%; and
3. The School District’s Board decides that, as a consequence, it is “necessary to decrease the number of permanent employees in the district.” Educ. Code 44955.5.
The first two of these conditions have arguably been met in most school districts. California enacted a budget for the 2009-10 fiscal year on February 20, 2009, which means that the time period for second round layoffs is now open. In addition, under that budget, not only are most school districts slated to receive revenue limit increases of less than 2% but those numbers will likely fall further as well in the coming month after the Governor’s May Revision, which arguable satisfies the second condition for second round layoffs.
The significant question that remains unanswered is whether school boards will determine that, as a result of the reduced revenue limits, it is “necessary to decrease the number of permanent employees in the district.” School districts are not currently in a position to make that determination because their budgets for next year will be significantly affected by the Governor’s proposed May Revision, the changes made by the Legislature to “balance” the 2009-2010 State Budget and the impact of the federal economic stimulus dollars. We expect that school districts will be in a position to make that determination by the end of June.
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