Michigan State University Extension
Diversity and Pluralism - 02180045
12/95/
ERIC TITLE NUMBER: ED215412 AUTHOR: Ware, Martha L.
TITLE: Reduction in Force: The Legal Aspects.
YEAR PUBLISHED: 1982
NOTE: 10 p.; Chapter 12 of "School Law in Changing Times"
(EA 014 500). For related documents, see EA 014 500-521.
AVAILABILITY: Not available separately; see EA 014 500.
ABSTRACT: Six legal issues surrounding a school district's
reduction in force are described in this twelfth chapter in
a book on school law. First, the courts generally hold that
the school board must prove that a reduction in force (RIF)
is inescapable. The second issue revolves around which
positions and employees are being eliminated. In deciding
such cases, one question to be resolved by the courts is
whether a board is attempting to circumvent the fair
dismissal statute by abolishing a specific position. Third,
courts will examine closely allegations that the real reason
for a layoff is constitutionally impermissible, such as the
exercise of free speech. Fourth, the issue of seniority is
largely determined by statute and contract. Tenured faculty
attempting to "bump" other tenured faculty must prove their
qualifications for the position. Fifth, in absence of both
statute and contract provisions, courts require sufficient
notice of RIF. Unfortunately, this causes many boards to
issue blanket nonrenewal notices and then rehire almost
everyone in the summer. Sixth, and of utmost importance, is
the problem of reconciling an affirmative action plan with
an RIF policy. It is possible to build in protection in the
seniority system for those recently hired or promoted
affirmatively. Sample language for affirmative retention and
a taxonomy for a reduction-in-force provision are included.
(Author/JM)
KEY DESCRIPTORS: Affirmative-Action; Board-of-Education
Policy; Board-of-Education-Role; Compliance-Legal; Contracts
; Court-Litigation; Elementary-Secondary-Education;
Personnel-Policy; Retrenchment-; Seniority-; State
Legislation; Tenure-
KEY DESCRIPTORS: *Legal-Problems; *Reduction-in-Force;
*Teacher-Dismissal
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