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Board Policy
Descriptor Code: GBKA
Professional Personnel Lay-Off  
Print Policy
 

Reduction in Force

RESPONSIBILITIES AND PREROGATIVES OF BOARD OF EDUCATION

The most important functions of the Hall County Board of Education are to employ personnel and manage resources within the limitations defined by the funding sources of the school system.  Consequently, it shall be the prerogative of the Hall County Board of Education (hereinafter the “Board”) to abolish job positions, to reduce the length of the work year and salary of certificated or non-certificated personnel (hereinafter “to downgrade”) and/or to reduce the number of employees when seeking to cope effectively with program changes or financial exigency.

 

REASONS FOR REDUCTION IN FORCE (HEREINAFTER “RIF”)

The Board shall consider a reduction in the professional work force to include the abolition of job positions, the downgrading of an employee’s position, and/or the reduction of the number of employees, as a response to the following:

a. A decrease in student enrollment in the Hall County School District which would necessitate a decrease in personnel or a discontinuation of programs;

b.  A change in state or local curriculum, personnel, or financial practices which would necessitate a change in or elimination of program or services provided by the Hall County School District;

c.  A lack of funding for programs, personnel, or services provided by the Hall County School District;

d.  Any reasonable reorganization plan to achieve a more efficient school district.

APPLICABILITY OF POLICY

 

This RIF policy shall apply to all personnel employed by the Hall County Board of Education.  Nothing in this policy, however, shall be construed to extend to professional personnel any expectation of re-employment or due process rights greater than are available to the specific employees under the Fair Dismissal Law of Georgia; nor is this policy to be construed to mandate the promotion of an employee to a position of higher rank, authority, or compensation, even though the employee who is to be terminated may be qualified or certified for a higher position.

RIF PROCEDURE

When the Superintendent of the Hall County School System determines that the application of this reduction in force policy is necessary, it shall be his or her primary responsibility to prepare for presentation to the Board of Education a plan for reduction in force (RIF) in the affected program area(s).

In making recommendations for termination or downgrading of employee positions, the Superintendent may consider any position or employee of the Hall County Board of Education.

Factors to be considered by the Superintendent in devising a RIF plan shall include, first and foremost, the professional expertise, effectiveness and overall job performance of individual employees as reflected in annual evaluations as well as the superintendent’s own observations and knowledge.  Only where demonstrated competence and expertise are equal among employees shall other factors such as tenure status, level of certification, and length of continuous service with the Hall County Board of Education be considered in order to make recommendations for the termination or downgrading of an employee’s position.

In order to develop a RIF plan, the Superintendent may consult with any and all school district personnel who might have information which would enable the Superintendent to rank employees according to overall job performance.  Once the Superintendent has completed a comparative assessment of employees, he or she shall prepare and present a plan for reduction in force for Board approval and action.

Any certified employee faced with layoff under the guidelines of this policy may request a transfer to another position within the system to fill a vacancy if one is available and if the staff member is qualified to fill the vacancy.

NOTICE AND HEARING PROCEDURES

If the Board acts at the recommendation of the Superintendent to terminate an employee under contract or to downgrade an employee’s position, the Superintendent shall notify the affected employee in a manner consistent with the provisions of Georgia’s Fair Dismissal Law and he or she shall have whatever rights the Fair Dismissal Act provides for such employee.

 

Hall County Schools
Date Adopted:  11/11/2002

Policy Reference Disclaimer: These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.

Note: The State of Georgia has moved the Georgia Code. This new environment no longer allows us to link directly to the Georgia Code. For example enter 20-02-0211 in the search window and the Georgia Code will appear.
State Code Description
O.C.G.A. 20-02-0948 Reduction in Force Policies
O.C.G.A. 20-02-1160 LBOE tribunal power to determine local school controversies; appeals; special ed provisions
O.C.G.A. 20-02-0211 Annual contract; disqualifying acts; job descriptions
O.C.G.A. 20-02-0940 Grounds/procedure for terminating or suspending contract of employment (Fair Dismissal law)
O.C.G.A. 20-02-0942 Nonrenewal after acceptance of 4th consecutive contract; tenure
O.C.G.A. 20-02-0943 Powers of LBOE under fair dismissal act