Michigan State University Extension
Diversity and Pluralism - 02170052
12/95/
ERIC TITLE NUMBER: ED245380 AUTHOR: Zirkel, Perry A.
TITLE: The Law on Reduction In Force: An Overview and
Update.
YEAR PUBLISHED: 1983
NOTE: 26 p.; Chapter 9 of: Legal Issues in Public School
Employment (EA 016 920).
ABSTRACT: This chapter provides an overview of legislation
and litigation relating to reduction in force (RIF) with a
focus on cases decided since 1980. State statutes continue
to be the primary source of the law concerning RIF, so a
table is provided for these statutes and their various
provisions. These statutes include the dismissla-type, and
the less numerous layoff-type, with provisions for recall or
restoration. The most common statutory reasons for RIF are
enrollment decline, followed by fiscal or budgetary
constraints, reorganization or consolidation of school
districts, reduction in the number of teaching positions,
curricular changes, and the catchall provision, "other good
or just cause." Nonstatutory reasons for RIF may be included
in collective bargaining agreements. Courts have made clear,
however, that they will not tolerate school boards' use of
RIF as a fictitious pretext for discharging a teacher on
other grounds. Once a bona fide reason for RIF is
established, the next decision is the proper order of RIF.
Criteria in various statutes include tenure status,
seniority, and other formulae such as seniority-plus-merit.
Limits on these criteria include realignment clauses, sex
balance, and affirmative action. Other issues discussed
include due process requirements for RIF and recall rights.
The chapter concludes with nine summary generalizations
about the legal status of RIF. (TE)
KEY DESCRIPTORS: Affirmative-Action; Due-Process; Elementary
Secondary-Education; Negotiation-Agreements; Personnel
Policy; Seniority-; Teacher-Dismissal; Tenure-
KEY DESCRIPTORS: *Court-Litigation; *Legal-Responsibility;
*Reduction-in-Force; *State-Legislation; *Teacher-Rights
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