|
|
After the Pink Slips Go Out... Then What? Last week, according to news reports, upwards of 26,000 teachers in California received layoff notices ("pink slips") from school districts prior to the March 15 statutory notification deadline. The large majority of notices were precipitated by districts enacting board resolutions to reduce particular kinds of service, which impacted the positions held by teachers receiving notices or by the more senior teachers who would retain a position elsewhere in their district. Districts conducting certificated layoffs spent significant amounts of time prior to March 15 preparing seniority lists, determining particular kinds of services to be reduced, and preparing information for the board, teachers, and teachers' bargaining unit leadership. Much energy goes into making such preparations. But even after the layoff notices have gone out, districts still have much to do. Once notices have been served, the employee receiving a notice may request a hearing which is conducted through the Office of Administrative Hearings. The district needs to obtain a hearing date and to prepare an Accusation packet to inform the employee of the timeline for filing a Notice of Defense. An Administrative Law Judge (ALJ) is assigned to hear the cases (at a hearing held between March 29 and April 30) and to determine whether there is cause for termination. The District should be prepared at the hearing with information supporting its decisions that affect employees, such as keeping, skipping or bumping an employee. The Administrative Law Judge's proposed decision must be provided to the school board and to employees on or before May 7. The district must provide the proposed decision to the employees. Depending on whether hearings are requested and, if so, the outcome of the ALJ decisions, the board should agendize an action item at a school board meeting to take a final action before sending a non-reemployment notice to any affected employee prior to May 15. The district also should consult the collective bargaining agreement regarding "impacts and effects" of the reduction. Remember that the affected employees turn to the union for support and assistance, and the union can be a helpful partner with the district if information is shared and handled in as collaborative a manner as possible, given the circumstances. Finally, it is strongly recommended that districts continue to work closely with their attorneys after March 15 to ensure that due process steps are followed in the appeals process, and to properly complete all the necessary steps leading up to the final May 15 notices. Editor's Note: Steve Horowitz is the Director of Human Resources and Organizational Development for the educational consulting firm Total School Solutions. |
|
