4000 Personnel
4300 Teachers, Nurses, and Other Professional
4340 Separation
4342 Reduction in Force
Definitions of Terms:
1. “Cancellation of employment” means the cessation of employment of a teacher when there is a justifiable reduction in the number of teaching positions in the school district for reasons of fiscal exigency or program change.
2. “Teacher” means any person who is regularly licensed by the teacher certifying authority for the state of Colorado and who is employed full-time to instruct, direct or supervise the instructional program, except those persons holding letters of authorization.
3. “Fiscal exigency” means any significant decline in the Board of Education's ability to fund the operation of the district.
4. “Program change” means any elimination, curtailment or reorganization of curriculum, program or school operation, or a reorganization of curriculum, program or operation, or a reorganization or consolidation of two or more individual schools. A program change need not be caused by fiscal exigency.
5. “Day” means every day including Saturdays, Sundays and teacher work days, but it does not include official school holidays such as Thanksgiving and Christmas.
General grounds for cancellation of employment
Cancellation of employment may take place when the Board of Education decides that a fiscal exigency exists or a program change is to be made which requires cancellation of one or more teaching positions. Such a decision may be made and any resulting termination may be effected only in accordance with this policy and the accompanying procedures.
Board of Education's preliminary determination and statement
If the Board decides that cancellation of employment of one or more teachers may be required, it shall prepare a statement that identifies with reasonable particularity the reasons for the decision. This statement shall be transmitted to the superintendent of schools and school district faculty. The Board shall establish the actual number of professional staff to be reduced consistent with the Board's authority to establish educational programs within the district.
Superintendent's action
Within 20 days after receiving the statement from the Board, the superintendent shall submit to the Board recommendations for canceling the employment of particular teachers. In making this recommendation, the superintendent shall not be limited to considering only the teachers in the areas or program designated by the Board in its initial statements. The superintendent shall, insofar as possible, meet the reduction in force by normal attrition such as layoffs, retirements, leaves of absence or transfer of assignments.
When cancellation of a teaching position occurs within any particular endorsement area, the contracts of first-year probationary teachers who are occupying such positions shall be canceled first.
If further reductions are necessary cancellation of contracts of second and third year probationary teachers and nonprobationary teachers then shall be considered as a group. In accordance with state law, this provision shall not create any express or implied property right or contract right for second- and third-year probationary teachers.
It is the district’s intention to retain teachers qualified to fill revised assignments and protect the job security of highly qualified second and third year probationary teachers and non-probationary teachers.
Second and third year probationary teachers and non-probationary teachers identified for contract cancellation will be reassigned if they are highly qualified to teach in a position held by a teacher with less seniority. The teacher with less seniority who is being replaced will then be identified for contract cancellation. The process will continue until no teacher identified for contract cancellation has more seniority than a teacher whose contract is not being canceled.
Procedures to be Followed in Cancellation of Employment
1. Notice to individual teacher
Non-probationary teachers whose contracts are recommended by the superintendent to be canceled will be given notice in writing. The notice will include a statement of the conditions requiring such cancellation, a general description of the procedures followed in making the decision and a copy of the accompanying policy and this regulation. Notice will be served upon the teacher personally or by certified or registered mail. The teacher's address as it appears on the school district's record will be deemed to be the correct address. It will be the teacher's responsibility to see to it that the school has the current address on file.
2. Review of individual cancellations
Within 10 days after receiving a notice of termination, a non-probationary teacher may request a review of the action by the Board of Education. The request must be in writing, addressed to the president of the Board. The request for review must specify the grounds on which the teacher relies and a short statement of facts that the teacher believes support the contention. When appropriate, more than one case may be heard at the same time.
Review may be had solely to determine the following:
a. if there was a rational basis to determine that a fiscal exigency or program change was necessary or appropriate
b. if the cancellation procedure was arbitrary or capricious
c. if the decision to cancel the employment of the teacher was arbitrary or capricious
The Board will consider the request and will schedule a hearing to be held within 14 days after the request is received. The teacher will be given at least seven days' notice of the hearing. The Board of Education may delegate the responsibility for conducting a hearing to an impartial hearing officer selected by the Board.
3. Conduct of hearing
The hearing will be conducted informally and, upon request of either party, in private. The teacher may be represented by counsel. The school district will have no obligation to pay for the service of counsel representing the teacher. A recorded transcription of the proceedings will be maintained and copies of the transcript will be made available at the expense of the party who makes the request.
The hearing will begin with the teacher's presentation, limited to those grounds specified in the request for a hearing and supported by testimonial and documentary evidence. The superintendent or counsel may then present testimonial and documentary proof in rebuttal of the teacher's contentions or in general support of the decision to cancel. The Board or hearing officer may establish other procedural rules as appropriate.
After the superintendent or counsel completes the presentation, the Board will consider the matter in executive session or, where there is a hearing officer, the hearing officer may take the matter under advisement. Written findings of fact and conclusions as to the issues raised will be forwarded to the teacher and to the secretary of the Board within 30 days after the close of the hearing.
If the hearing was conducted by a hearing officer, the Board will be bound by the findings of fact of the hearing officer as long as there is support in the record for such findings. However, any conclusions drawn from those findings will not be binding upon the Board.
4. Procedure after hearing
The Board will act on the findings and conclusions at its next regular meeting following receipt of the findings and conclusions.
If the Board determines that the teacher's contention has not been established, it will notify the teacher and the superintendent in writing. Such a determination finally confirms the decision to cancel.
If the Board determines that the teacher's contention has been established, it shall notify the teacher and the superintendent by written notice that states that corrective action will be taken.
5. Exclusive procedure
This procedure is the only procedure that may be used in a reduction in force of teachers. Any existing procedure for reconsidering or examining an employee discharge, non-reappointment or grievance is not available for considering an issue that arises from a reduction in force. Similarly, no other personnel action other than reduction in force must be considered under this procedure.
Adopted: 12/16/82
Revised: 12/20/90
Revised: 3/26/01
Revised: 1/25/07
Moffat County School District RE-1 Policy 4342