Caddo Federation of Teachers & Support Personnel

REDUCTION IN WORK FORCE

WHAT CAUSES A REDUCTION IN THE WORK FORCE?

According to Caddo School Board Policy GCPA & GDPA —

· Declining enrollment

· Program changes

· Financial state requiring immediate action

All feasible alternatives to the layoffs of employees (attrition and appropriate reassignment) will be considered prior to the implementation of the Reduction in Force Policy.

WHO GETS TO STAY?

Certified Personnel (teachers) and Classified Personnel (support personnel) with certain certifications, licensures, qualifications, and/or skills necessary to provide a balanced educational program and to maintain and operate the school system will be retained.

HOW DO THEY DECIDE WHO GOES?

Persons employed in the categories designated for reduction shall be reduced by seniority based on the following — in priority order:

· Temporary or provisional employees within the categories of positions being reduced

· Non-tenured employees within the categories being reduced

· Tenured employees within the categories being reduced

· Performance as indicated by observations and evaluations (no evaluations shall be considered which occur after the board votes to begin the reduction in force process)

· Academic preparation, if applicable, within the employee’s field

HOW DO YOU FIND OUT THAT YOU’VE BEEN LAID-OFF?

At least 30 calendar days prior to the layoff date, employees designated for layoff will be notified by certified mail. The notices will include a statement of the conditions requiring layoff and a copy of the Reduction in Force Policy

NOTE:

Employees on Board approved leaves of absence will be treated in the same manner as other regularly employed personnel insofar as application of the Reduction in Force Policy is concerned.

CAN YOU APPEAL?

An employee who receives a layoff notice may file a grievance at Level II. The grievance must be in writing and filed within 10 school days of the date of the employee’s layoff notice. The grievance must specify all grounds on which it is contended that the decision was arbitrary or capricious and must also include a short plain statement of facts that the employee believes will support his/her contention.

Call the Federation for Help 424-4579

WHAT ARE YOUR RIGHTS WHILE YOU ARE LAID-OFF?

Employees placed on layoff may —

· Engage in other employment or become eligible to receive unemployment benefits

· Be eligible for day-by-day substitute work

· Accept an assignment to a lesser position

DO YOU EVER GET TO COME BACK TO WORK?

For 3 years the Board cannot replace an employee who has been laid-off in a particular category, without first offering a position to that employee in the reduced category. Employees who were employed in a temporary position do not have this right. If there is a need for personnel in any category and there are no laid-off personnel on the recall list, any qualified personnel on the recall list may be offered the position on a seniority basis.

Recall offers will be made by certified mail and the employee has 10 calendar days to submit a written acceptance. If the employee fails to accept the offer within the 10 calendar days or rejects the position, the name of the employee will be removed from the recall list.

When you return, it will be at the same tenure status, benefits, and accumulated sick leave that you had the day you were laid-off.

Assault & Battery

of a Teacher or School Employee

Louisiana Revised Statues 14:34.3, 14:38.2, 17:416A

According to state law —

“Assault on a school employee means an attempt to commit a battery, or intentionally placing the school employee in reasonable apprehension of receiving a battery, or making statements threatening physical harm to a school employee.”

The criminal definition of a battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another. The civil definition of a battery is physical contact

with out the victim’s consent.

Louisiana Revised Statue 17:416 says that the student formally accused of committing a battery or an assault on any school employees:

Ú Must be suspended immediately and removed from the school premises without benefit of the usual initial suspension procedures.

Ú Cannot be considered for readmission to that school until all hearings and appeals associated with the alleged violations have been exhausted.

Ú After the student is found guilty, the student cannot return to the same school where the employee is located unless it is the only place where he/she can receive services.

What must support personnel do in these circumstances?

1. You must write a referral, which is the formal complaint. You may also press criminal charges, but this is not required.

2. You must turn in an accident report if you were the victim of a battery, or if you suffered emotional trauma if you were the victim of an assault. Be sure to clearly state the nature of the student’s act (such as — “The student punched me (battery),” or “The student committed an assault by making statements threatening me with physical harm (assault).”

3. You should absolutely contact the Federation — 424-4579.

What if you suffer physical or emotional injuries because of the assault or battery?

1. You must receive sick leave without reduction in pay or sick leave days. You must present a certificate from a physician certifying that you are disabled because of the assault or battery.

2. You have the right to press criminal charges against the person who committed the battery or the assault, but you are not required to do so.

3. You have the right to file a civil suit for money damages against the person who committed the assault or battery, (or against the parent / guardian, if the person is a minor). But you are not required to do so.

What if the student is a special education student?

If the student is a special education student, there are state and federal laws and regulations that must be followed. Don’t be discouraged by this, just recognize that it becomes an IEP issue as well as a discipline matter. You still have the right to press criminal charges (unless the child has a disability that prevents him / her from understanding his/ her actions (such as some forms of autism). Call the Federation for help 424-4579.

What if the student is under ten years old?

You may still proceed with suspension and removal from class, but criminal authorities may decide only to prepare a report and not arrest the child.

Need Assistance

Call the Federation

424-4579