This workbook is designed to provide district administrators with practical tools and information for administering layoffs.  These include information on the latest changes to the law relating to the reduction of certificated and classified workforces; step-by-step timelines for administering certificated, academic and classified layoffs; concrete applications of difficult concepts such as calculating hire dates and displacement rights; and model forms.

However, Liebert Cassidy Whitmore cautions that this information should not be viewed as a substitute for early planning and preparation, and cannot replace the critically important assistance of counsel.  Certificated or academic layoffs, in particular, present districts with complex and challenging procedures to implement.  Districts faced with convoluted and intricate steps to follow and the consequences of errors can be sweeping.  Therefore, districts are urged to be mindful of their statutory deadlines; engage in advanced planning and address disputes early; maintain and update seniority lists regularly, and utilize the assistance of counsel.

Topics Include:

• What is a Layoff?
  • Non-Renewal Versus Layoff
  • Grounds for Certificated and Academic Reductions in Service
• Procedural Steps: What to Do and When
  • Laying the Groundwork: Pre-March 15 Steps
  • The March 15th Notice
  • The Administrative Procedures Act Process
  • Post-Hearing Procedures
• Certificated Employee Layoffs
  • Composition of the List: Who Gets on and Who Does Not
  • Order of the List: Calculating Teacher Seniority
  • Implementation of the Certified Layoff List: Reverse Order of Seniority, with Skips and Bumps Along the Way
  • Reemployment Rights
• Community Colleges: Academic Reductions in Force
  • Composition of the List: Who Gets on and Who Does Not
  • Order of the List: Calculating Faculty Seniority
  • Implementation of the List: Reverse Order of Seniority, with Skips and Bumps Along the Way
• Authority and Grounds to Lay Off Classified Employees
• Notice Requirements
  • Expiration of a Specially Funded Program
  • Bona Fide Reduction/Elimination of the Service Being Performed
  • Lack of Funds/Emergency Situation
• Calculating Seniority and Determining the Order of Layoff
  • Creating Current, Accurate, and Complete Seniority Lists
  • Applying the “In a Class Plus Higher Classes” Language
  • Defining Length of Service: “Hours in Paid Status” versus “Hire Date”
  • Seniority and Displacement Rights
  • Voluntary Demotion or Decrease in Assignment in Lieu of Layoff
• Reinstatement
• Collective Bargaining Requirements
• Steps and Timelines
  • Pre-Layoff Procedures and Preliminary Steps
  • Layoff Initiation and Implementation Procedures
  • Hearing rights