This paper reviews the legal aspects of declining enrollments in school districts and the resultant problems of reducing the teaching staff. It suggests that school administrators and boards of education become familiar with their state tenure statutes or have access to competent legal counsel who specializes in that area of law, make decisions to…

The major cases involving all levels of public and private educational institutions and the termination of tenured faculty are analyzed in terms of the legitimacy of budget deficits, declining enrollment, and the reevaluation and reorganization of academic programs as factors leading to faculty termination. (MLF)

The circumstances under which certificated employees, including instructors, counselors, librarians, school nurses, and administrators, may be laid off are governed by Section 87743 of the California Education Code of 1976. The statute provides that when a school district is faced with financial exigency, layoffs may be made if they conform to the…

This paper discusses how the inevitable upheavals caused by economic difficulties surrounding declining enrollments can be lessened by dealing with the subject in the collective bargaining arena. Through joint participation in the negotiations process, school administrators and teachers can reduce tensions associated with the right of an employer…

Chapter 2 in a book on school law discusses the reasons for reduction in force (RIF) and presents a set of model regulations for school districts as the best means of minimizing legal problems resulting from RIF. The reasons for RIF include declining student enrollments; reduced turnover among teachers; changes in programs; and more constrained…

Alternatives to faculty retrenchment requiring neither large amounts of added revenue nor plans to increase enrollment are examined. Suggestions include sabbatical leaves, use of part-time faculty, early retirement, and tenure modifications. An excerpt from a faculty contract is provided. (LC)

Tenured faculty can be dismissed for reasons of financial exigency. If the employment contract provides a specific definition of fiscal exigency and the processes to be used in effecting retrenchment, then those terms govern in lieu of constitutional due process. In the absence of such guidance, courts are willing to allow dismissal for reasons of…

Since employee salaries and fringe benefits make up the major part of school budgets, any reduction in budgets must be accomplished by reducing personnel. Concentrating on Oklahoma, but citing legal decisions in other states as well, a legal summary is presented for reduction in force when funds are unavailable to complete a school budget. As in…

With the basic assumption that reduction in force is inevitable, this paper discusses the legal ramifications as well as an orderly procedure for implementing reduction in force. Recent litigation with regard to reduction in force action falls in the broad categories of constitutional questions, statutory law, and contract provisions.…

Declining enrollment and lower teacher turnover have forced many school districts to reduce the number of professional personnel employed. State legislatures, the courts, and local collective negotiations have been the principal scenes of legal activity concerning reduction in force (RIF). In this monograph, both technical legal information and…