1. Lanier Ford Shaver & Payne, P.C.
Revised Policy
Christopher M. Pape
Shareholder
Lanier Ford Shaver & Payne, P.C.
April 18, 2019

2. Complete Replacement of 5.15 – Reduction in Force
The current Reduction in Force Policy can be found at 5.15.
The current policy is comprehensive, but gives little room for discretion.
The proposed revision will give greater freedom to the Superintendent to determine a fair RIF Plan.
Special Thanks

3. Aspects of Current RIF Policy
Reductions caused by terminations, non-renewals, transfers were not a part of the RIF or “layoff”.
Additionally, normal attrition was to be considered prior to any RIF.
The current policy calls for the Superintendent to develop a plan, to be approved by the Board. Items in the plan include:
Goal in savings
Number of positions to be reduced
Job classifications to be affected
Level of employees to be reduced
The current policy requires objective criteria to be used depending on the category of employee (classified or certified).

4. Aspects of Current RIF Policy
For Certified employees, the plan must consider all of the following:
(1) specialized training;
(2) specific skill sets needed;
(3) student data trends;
(4) support of students in curricular and extracurricular activities;
(5) program enrollment;
(6) degree level;
(7) pattern of attendance (other than leaves granted pursuant to federal statutes such as Family and Medical Leave Act and Americans with Disabilities Act);
(8) certification and highly qualified status in the field needed;
(9) experience relevant to the need; and
(10) all other things being equal, seniority with the Huntsville City Board of Education in the position needed.

5. Aspects of Current RIF Policy
For Classified/Support employees, the plan must consider all of the following:
(1) school/facility needs;
(2) school or program enrollment;
(3) specialized training;
(4) instructional or extracurricular skill sets;
(5) experience in the area of need;
(6) pattern of attendance (not to include leaves granted pursuant to federal statutes such as the Family and Medical Leave Act and the Americans with Disabilities Act); and
(7) all other things being equal, seniority with the Huntsville City Board of Education.

6. Aspects of Current RIF Policy
The policy requires Notice to be given, but leaves the methodology completely open-ended.
Recall:
Limited to one school year.
Returning of personnel should be determined in same manner as RIF.
Cannot hire outside employees before employees to be recalled.
Personnel recalled shall be placed on the salary schedule at the level appropriate to provide credit for previous years of experience.

7. Aspects of Proposed RIF Policy
Explains that RIFs or layoffs reductions are those that are caused by decreased enrollment or revenue issues (not caused by normal attrition).
Explains that a layoff can include: termination, transfer, or reassignment.
It keeps the language pertaining to: the Superintendent developing a plan, to be approved by the Board. Items in the plan include:
Number of positions to be reduced
Job classifications to be affected
Level of employees to be reduced
Number of employees affect
Explains that the Students First Act does not apply to RIFs.

8. Aspects of Proposed RIF Policy
Requires the use of objective criteria in selecting employees for the RIF.
Requires that the criteria for the RIF are announced no later than the day notice is received by the employees.
Explains that the Superintendent may recommend any combination of objective criteria when developing the RIF plan.

9. Aspects of Proposed RIF Policy
Examples of Objective Criteria:
Seniority, longevity, or time in service for the Huntsville City Board of Education;
Years of experience;
Degrees, certification, or licensure;
Specialized training and experience with particular educational programs or initiatives;
Job classification;
Any requirements that may be imposed by law or court order;
Written or otherwise documented performance evaluations that predate the RIF announcement or declaration by not less than thirty days.

10. Aspects of Proposed RIF Policy
Recall:
Expanded to two years from effective date.
Returning of personnel should be determined in same manner as RIF.
Deference is given to length of layoff when recalling if other things are equal.
Terminated employees who are recalled will retain credit for tenure, years of service, pay and benefits as of the date of their layoff.

11. Aspects of Proposed RIF Policy
The Notice provision now provides specific examples:
United States certified or registered mail;
Hand delivery;
Private mail carrier for next business day deliver; or
Such other means as are reasonable under the circumstances.
This provision mirrors the Students First Act.

12. Aspects of Proposed RIF Policy
The Right to Be Heard:
The Students First Act doesn’t apply
Employees may write the Board concerning layoff
Employees may use any citizen comment policy of the Board to bring layoff issues to the Board
The Superintendent has the right to recommend alternative methods to be heard, as appropriate.

13. Lanier Ford Shaver & Payne, P.C.
Revised Policy
Christopher M. Pape
Shareholder
Lanier Ford Shaver & Payne, P.C.
April 18, 2019