West Virginia has specific laws regarding the reduction of school personnel, also known as a reduction in force (RIF). Here's a breakdown of some key points:
Seniority Matters: When a school district must lay off staff, they must prioritize seniority within a job classification [§18A-4-8b(j) of the West Virginia Code]. The employee with the least amount of experience in that specific role is let go first.
Multiclassification Considerations: If a staff member holds multiple qualifications (multiclassified), they may be reassigned to another position they're qualified for instead of being laid off [§18A-4-8G(f)].
Least Qualified Transfers: In some cases, the least qualified teacher within a grade level needing reduction can be reassigned to a different vacancy within the school, rather than being laid off [§18A-4-7a(2)].
Recall Rights: Employees who are laid off due to a reduction in force are placed on a preferred recall list. If the school board has openings in the future, they must offer the positions to these qualified individuals based on seniority before hiring new staff [§18A-4-8G(e)].
Rescinding Reduction in Force: The county board has the authority to reverse a planned layoff if the situation that necessitated it improves before August 1st of that year. However, they must first offer re-employment to any more senior personnel who were laid off before rescinding for a specific position [§18A-4-8b(k)].
These are some of the key points, but it's important to note that the West Virginia Code covers the legalities of school personnel reduction in more detail https://code.wvlegislature.gov/29-6-10A/. If you need to examine the specific legalese, you can find the relevant sections here:
§18A-4-7a regarding reduction in force procedures
§18A-4-8b concerning employee rights during reduction in force
§18A-4-8G addressing service personnel classification and seniority
You are right! Section 18A-4-7a of the West Virginia Code focuses on specific procedures related to reductions in force (RIF) within school personnel. Here's a breakdown of some key points from this section:
- Rescinding a Reduction in Force: If the county board approves a reduction in force but the reason for it is resolved by August 1st of that year, they can rescind the layoff [§18A-4-7a(6)]. Affected employees who were laid off must be notified in writing about their right to get their jobs back. The employee then has five days to inform the board of their intent to return.
- Seniority for Rescinded Positions: Even when a reduction in force is rescinded and a position opens up again, the board isn't obligated to offer it back to the originally laid-off employee if someone with higher seniority on the preferred recall list is qualified for the position [§18A-4-7a(6)].
- Transfers and the School Year: The law discourages transfers of personnel from one professional position to another after the fifth day before the beginning of the instructional term [§18A-4-7a(intent)].
- Classroom Teacher Positions: The code defines all classroom teacher positions as "lateral," meaning they are considered equivalent for seniority purposes [§18A-4-7a(n)].
This section offers a glimpse into specific scenarios that may arise during a reduction in force. It highlights the importance of seniority and the window of opportunity for getting your job back if the situation improves.
For the full text of §18A-4-7a, you can refer to the West Virginia Code https://code.wvlegislature.gov/29-6-10A/.
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Can the public be included in reduction-in-force discussions priot to a vote to RIF
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In general, public involvement in reduction-in-force (RIF) discussions prior to a vote is uncommon for several reasons:
Confidentiality: RIF discussions often involve sensitive personnel information, such as employee performance evaluations, that cannot be publicly disclosed.
Strategic Planning: The decision to lay off staff and the number of positions affected may involve complex financial considerations and business strategies that a public forum might not be suitable for.
Employee Morale: Open discussions about potential layoffs can create anxiety and uncertainty among staff, potentially impacting morale and productivity.
However, there are some exceptions:
Publicly Funded Institutions: Some states have laws mandating public hearings or meetings for budget discussions and personnel decisions in public institutions like schools. These meetings may indirectly touch upon potential RIFs.
Unionized Workplaces: If a union represents the employees, there might be contractual obligations for the employer to meet and negotiate the terms of a potential layoff, which could involve some level of information sharing with union representatives.
Public Awareness:
While the public may not be directly involved in RIF discussions, there are often ways the public becomes aware of potential layoffs:
School Board Meetings: If a school district is considering a RIF, it might be discussed at a public school board meeting, though specifics might be limited.
Media Reports: News outlets may pick up on rumors or announcements regarding potential layoffs within companies or organizations.
Company Statements: Publicly traded companies may be required to disclose potential layoffs to their investors through official statements.
It's important to note that these are just general guidelines. The specific rules regarding public involvement in RIF discussions can vary depending on the location, type of organization, and any applicable laws or union contracts.
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