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Pink Isn’t Always Pretty Fighting the Pink Slip. District 7500 students K-8 7500 students K-8 1 FTE Special Ed Nurse 1 FTE Special Ed Nurse Special Ed.

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Presentation on theme: "Pink Isn’t Always Pretty Fighting the Pink Slip. District 7500 students K-8 7500 students K-8 1 FTE Special Ed Nurse 1 FTE Special Ed Nurse Special Ed."— Presentation transcript:

1 Pink Isn’t Always Pretty Fighting the Pink Slip

2 District 7500 students K students K-8 1 FTE Special Ed Nurse 1 FTE Special Ed Nurse Special Ed assessments Special Ed assessments SPHCS for Spec. Ed students SPHCS for Spec. Ed students Case management of Spec. Ed students Case management of Spec. Ed students 1 FTE Regular Ed Nurse 1 FTE Regular Ed Nurse Manage health services program Manage health services program Mandated screenings Mandated screenings SPHCs for Regular Ed students SPHCs for Regular Ed students

3 What’s a RIF? RIF = “Reduction in Workforce” RIF = “Reduction in Workforce” Tenure and RIF Tenure and RIF Your Union and RIF Your Union and RIF RIF Timelines and Language : Mandated by Law. RIF Timelines and Language : Mandated by Law.

4 First Thing To Do Contact Your Union Immediately Contact Your Union Immediately Layoff timelines determined by law. Layoff timelines determined by law. If you miss a deadline, you have no recourse. If you miss a deadline, you have no recourse. Attend Union sponsored meetings for staff Attend Union sponsored meetings for staff Sign paperwork to protest layoff. Sign paperwork to protest layoff. Make appointment for Union Lawyer. Make appointment for Union Lawyer.

5 So You’ve Got A Lawyer! Union lawyer represents members, not individuals. Union lawyer represents members, not individuals. You have a right to get your own lawyer. You have a right to get your own lawyer. Spokesperson at legal hearing. Spokesperson at legal hearing. Prior the hearing, expect minute appointment. Prior the hearing, expect minute appointment. You prepare your case! You prepare your case!

6 Take To Your Meeting With The Lawyer Your job description Your job description Why not RIF? Why not RIF? Preliminary time study Preliminary time study Supporting documents: Mandated services and legal citations. Supporting documents: Mandated services and legal citations. Be Prepared! Be Prepared!

7 The RIF Process 2/27/03: Superintendent gave written notice to the School Board that my services will not be required. 2/27/03: Superintendent gave written notice to the School Board that my services will not be required. 3/7/03: Notice of Recommendation that Services Will Not Be Required. 3/7/03: Notice of Recommendation that Services Will Not Be Required. 3/27/03: Accusation letter. 3/27/03: Accusation letter. 4/8/03: Notice of Hearing 4/8/03: Notice of Hearing 4/21/03, 4/22/03 Hearings 4/21/03, 4/22/03 Hearings 5/6/03: Judgment Returned 5/6/03: Judgment Returned

8 Letter of Accusation 3/27/03

9 Preparing Your Case Have rough outline prepared for meeting with lawyer. Have rough outline prepared for meeting with lawyer. Focus on what shall be done, not what may be done. Focus on what shall be done, not what may be done. The Administrative Law Judge rules on the law. Can your District meet legal requirements without your services? The Administrative Law Judge rules on the law. Can your District meet legal requirements without your services? Time study your job Time study your job Learn Ed. Code, CCR, B&PC, Board Policy Learn Ed. Code, CCR, B&PC, Board Policy

10 Diligent Care CEC The governing board of any school district shall give diligent care to the health and physical development of pupils, and may employ properly certified persons for the work. CEC The governing board of any school district shall give diligent care to the health and physical development of pupils, and may employ properly certified persons for the work.

11 Supervision: CCR Title Indirect supervision means that the supervisor shall be available to the qualified designated school person either in person or through electronic means to provide necessary instruction, consultation, and referral to appropriate care and services as needed. Supervision of designated school persons shall include review on-site by a qualified school nurse, qualified public health nurse, or qualified licensed physician and surgeon. Supervision shall also include review of the competence of that individual in performing the specialized health care service, maintenance of appropriate records, physical environment, and equipment. CCR Title Indirect supervision means that the supervisor shall be available to the qualified designated school person either in person or through electronic means to provide necessary instruction, consultation, and referral to appropriate care and services as needed. Supervision of designated school persons shall include review on-site by a qualified school nurse, qualified public health nurse, or qualified licensed physician and surgeon. Supervision shall also include review of the competence of that individual in performing the specialized health care service, maintenance of appropriate records, physical environment, and equipment.

12 SPHCs: Not just any nurse….. CEC (a) Notwithstanding the provisions of Section 49422, any individual with exceptional needs who requires specialized physical health care services, during the regular school day, may be assisted by the following individuals: CEC (a) Notwithstanding the provisions of Section 49422, any individual with exceptional needs who requires specialized physical health care services, during the regular school day, may be assisted by the following individuals: (1) Qualified persons who possess an appropriate credential issued pursuant to Section 44267, or hold a valid certificate of public health nursing issued by the State Department of Health Services; or (1) Qualified persons who possess an appropriate credential issued pursuant to Section 44267, or hold a valid certificate of public health nursing issued by the State Department of Health Services; or (2) Qualified designated school personnel trained in the administration of specialized physical health care provided they perform such services under the supervision of a school nurse, public health nurse, or licensed physician and surgeon. (2) Qualified designated school personnel trained in the administration of specialized physical health care provided they perform such services under the supervision of a school nurse, public health nurse, or licensed physician and surgeon.

13 Supervisor of Health California Education Code California Education Code (a) No physician, psychiatrist, oculist, dentist, dental hygienist, optometrist, otologist, podiatrist, audiologist, or nurse not employed in that capacity by the State Department of Health Services, shall be, nor shall any other person be, employed or permitted to supervise the health and physical development of pupils unless he or she holds a services credential with a specialization in health or a valid credential issued prior to the operative date of Section 25 of Chapter 557 of the Statutes of (a) No physician, psychiatrist, oculist, dentist, dental hygienist, optometrist, otologist, podiatrist, audiologist, or nurse not employed in that capacity by the State Department of Health Services, shall be, nor shall any other person be, employed or permitted to supervise the health and physical development of pupils unless he or she holds a services credential with a specialization in health or a valid credential issued prior to the operative date of Section 25 of Chapter 557 of the Statutes of 1990.

14 Organize Legal Citations

15 Create a Visual

16 Time Study Your Job Vision Approx # of Classroom sApprox time required- one nurse- each classroom Total Hours Nurse 7.25 hours/day Kindergarten441.5 hours66 1st grade boys4320 mins/class14 3rd411.5 hours61.5 6th371.5 hours55.5 Vision make up- absent (average 2 hours/school) (average 2 hours/school)24 Vision Reevaluation (10% recheck 2hours/school) 10% recheck 2hours/school24 Vision referrals and billing 3 hours/site36 Vision Total days Scoliosis Number of studentsApprox time required- one nurse- 7th grade girls4021 day each middle school24 8th grade boys4111 day each middle school24 Prep, referrals and bill 3 hours/ grade/school18 Scoliosis Total days Hearing (make-ups, rechecks and teacher referrals) Number of studentsApprox time required- one nurse- 100Ave 30 minutes per- includes travel and set up50 Hearing referrals and billing 3 hours/site36 Annual report to the State 3 hours3 Hearing Total (with vendor) 8913 days Specialed Physical Health Care Procedures(SPHCs) Regular Education Number of studentsAverage hours ea to create/ update/train staff Total hours Diabetics10 Average time to create and update SPHC- (9 diabetics only) - 10 hours each90 Direct Nursing Services- Insulin Administration- supervise injections 3 total/ 2 schools Must be available 10:30- 1:00 daily. Average daily time spent = approx hours.225 Train and supervise UAPs- Daily care - 4 sites70 Inservice to staff 4 sites10 Train and supervise UAPs- Glucogon Injections 3 sites12 Epi-pens25Average time to create and update SPHC -3 hours75 Train teachers/staff Office staff at all sites, 1-2 teachers/student40 Total SPHCs days Individual Helath Services Plan (Ex. Severe seizures, blood disorders such as hemophillia, cerebral shunts)25Average time to create and updateIHSP -2 hours50 Train staff Average time to train office staff and teachers PRN.5 hours/each12.5 Total IHSPs days Medication Administration Training of staff 4 Supervision of staff Review of medication logs, audit of meds at school sites60 Total 649 days Mandated Reports Kindergarten Immunization Report 2 7th Grade Mandate Immunization Report 1 Program and compliance supervision Supervision, coordination - to assure compliance to law before entry into 7th grade.30 Child Health and Disability Program (CHDP) Report 4 Program and compliance supervision Supervision, coordination - to assure compliance to CHDP laws 3 Hearing Report to State 4 County TB Mandate 4 Program and compliance supervision Supervision, coordination - to assure compliance to County law3 Total Mandated Reports 517 days Summary Total nursing time requried to meet law/mandates 158 days =.85 FTE Note: If not using hearing vendor, add 43 days to nursing time. Nursing Services NOT included: Access to free/low cost vision, dental, health care. Coordinate with outside agencies to bring in free health products and curriculum. Assess students with attendance problems due to health issues Emergency 1st aid to students and staff Triage injuries at sites SST and IEP meetings Laison with community agencies, ex: Children's Health Initiative SARB Support to administrators, staff Support to parents Response to emergent health issues Disaster planning Health related clerk supervision Health counseling to students Prevention/control of communicable diseases Staff TB testing Incorporate new/existing technologies into health services program Medi-Cal Billing Facillitate Home Teacher placements for students with long term health needs. Keep district informed and in compliance with new health policies/laws/Standard of Care. District-wide assessment of student's health problems and CPS referrals.

17 Special Ed Nurse Overload

18 The Hearing Be Prepared. Bring Be Prepared. Bring 4 copies of every document 4 copies of every document Timestudy, visuals, job description, health problems summary, SPHC summary, Emergency Care Plan Summary, other supporting documents. Timestudy, visuals, job description, health problems summary, SPHC summary, Emergency Care Plan Summary, other supporting documents. Ed. Code documents- Ed. Code documents- Confidence Confidence Bring in supporting testimony Bring in supporting testimony Take notes, find holes in the District’s argument. Take notes, find holes in the District’s argument. Talk to the lawyer at hearing. Sit with the lawyer during supporting testimony Talk to the lawyer at hearing. Sit with the lawyer during supporting testimony

19 Suggestions Be sure all your work is done at home. Be sure all your work is done at home. Do not use district resources to make your case, unless requested by supervisor. Do not use district resources to make your case, unless requested by supervisor. Find out district plan and be prepared to argue. Find out district plan and be prepared to argue. Keep testimony factual, but powerful. Keep testimony factual, but powerful.

20 The Decision

21 Victory!! “The District issued a layoff notice to Respondent Melinda Landau, one of two nurses who work for the District. Respondent Landau established that the District cannot reduce the level of nursing below 2.05 FTE without imposing an impossible burden on the remaining nurse (Jane Wilson) who only works.8 FTE. Ms. Wilson and Respondent Landau testified that would be impossible to provide the mandated services required of the District if Ms. Landau’s position is eliminated. Further, the District’s plan to use aides to provide mandated services would not be appropriate because many of the services provided by the nurses are non- delegable. Therefore, the District may not reduce nursing by 1.0 FTE.” “The District issued a layoff notice to Respondent Melinda Landau, one of two nurses who work for the District. Respondent Landau established that the District cannot reduce the level of nursing below 2.05 FTE without imposing an impossible burden on the remaining nurse (Jane Wilson) who only works.8 FTE. Ms. Wilson and Respondent Landau testified that would be impossible to provide the mandated services required of the District if Ms. Landau’s position is eliminated. Further, the District’s plan to use aides to provide mandated services would not be appropriate because many of the services provided by the nurses are non- delegable. Therefore, the District may not reduce nursing by 1.0 FTE.”

22 Melinda’s website All my RIF documents are available at: All my RIF documents are available at: These documents represent my argument in my RIF case and are meant only to share my successful defense against my RIF hearings These documents represent my argument in my RIF case and are meant only to share my successful defense against my RIF hearings


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