Key Steps in Certificated Layoff Process

By Steve Horowitz - January 9, 2008

In a recent edition of EdBrief (Preparing Seniority Lists for Certificated Layoffs, November 21, 2008), we described the early steps for conducting certificated layoffs, beginning with development of seniority lists.

By this time of the school year, districts should be anticipating possible certificated layoffs based on reduction or elimination of programs ("particular kinds of services") in 2009-10.  Given the current and anticipated dire budget realities, the future of many successful and popular district programs may be in jeopardy due to funding cuts.

Once a district decides which services may need to be reduced, the Board must pass a resolution establishing the need to reduce services.  Pursuant to Education Code 44955, the Board may also need to establish tie-breaking criteria and competency standards based on district needs.  The tie-breaking criteria are applied when the same seniority date is shared by two or more employees who are competent to perform the same service.

It is also important that districts remember to consult with legal counsel throughout this process, as employee due process provisions are provided and may form the basis of an appeal challenge later in the layoff process.

The key date to remember is March 15.  That is the date by which the district must provide each employee who may be laid off with a layoff notice, as well as a copy of the board resolution to reduce services, a request for hearing, and proof of service.  This year, March 15 falls on a Sunday, so layoff notices must be sent by Friday, March 13.

The hearing mentioned above is presided over by an administrative law judge (ALJ), who hears the case, if requested, to determine whether there is cause for termination.  Following the hearing, the Board meets to accept, reject or amend the ALJ’s decision.  The district must send the notice of termination, with a copy of the ALJ decision, on or before May 15th to each employee laid off.

As mentioned earlier in this article, districts should work with legal counsel to ensure that employee's due process rights are observed and protected during this process.

Editor's Note: Steve Horowitz is the Director of Human Resources and Organizational Development for the educational consulting firm Total School Solutions.