4317.3 – Personnel – Management and Confidential Personnel – Personnel Reduction

Policy – x
Regulation –
Exhibit –

Adopted – 5/04/2000
Revised –

Certificated Management

The Governing Board recognizes that a variety of reasons may indicate that there is a need to reduce the kind and/or number of management staff members. Layoff proceedings shall be undertaken upon the recommendation of the Superintendent and prior consultation with legal counsel.

If there is a need to reduce the number and/or kind of management staff coupled with a need to reduce the overall number of certificated employees of the District, the District shall proceed pursuant to the requirements of Education Code 44955.

If there is a need to reduce the number and/or kind of management staff with intention that those management personnel who would be displaced will be placed in other certificated positions (i.e., there will not be a reduction in the overall number of certificated employees of the District), the District shall proceed pursuant to Education Code 44951.

If a management certificated employee who was assigned to an administrative position prior to July 1, 1983, is reassigned to a classroom teaching position, he/she shall have his/her seniority determined as though he/she had been a teacher during the time spent as a management employee.

For a certificated employee initially employed in an administrative position on or after July 1, 1983, who transfers to a teaching position, the period of employment in the administrative position shall not be included in determining seniority for purposes of employee layoff and employee reemployment after lay-off, except for school site administrators who shall earn up to a maximum of three (3) years seniority while serving as site administrators.

Classified Management and Confidential

Classified managers and Confidential staff shall be entitled to the same procedure and have the same layoff rights as all other classified employees. Layoff proceedings shall be carried out in consultation with legal counsel.

Senior Management of the Classified Service

The Board may by resolution abolish any or all positions of the senior management of the classified service. Any employee occupying a senior management position abolished by action of the Board shall become a member of the classified or certificated service in a position to which he/she would otherwise be entitled if the employee had not been a member of the senior management of the classified service.

Legal Reference:
EDUCATION CODE
44951  Continuation in position unless notified
44955  Certificated employee layoff
44955.5  Termination of certificated employees; insufficient increase in revenue limits
44956  Reemployment rights of laid-off certificated employees
44956.5  Seniority of certificated administrators
45100.5  Senior management positions
45104.5  Abolition of position
45108.5  Senior management employee
45114  Layoff and reemployment procedures
45117  Notice of layoff
45298  Reemployment and promotional exam
45308  Order of layoff and  reemployment

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