Administrative Procedure 410

Staff Reduction

Background

When the Board and/or Superintendent determine that a reduction of staff is necessary, the following principles and procedures apply to the reduction of certificated and /or support staff. Reasons for staff reduction may include, but are not limited to: provincial statutory or regulatory changes, Board policy changes, program changes, and/or adjustments required to achieve or maintain fiscal sustainability.
Principles for Staff Reduction Decisions
1. Staffing levels are considered each year by the Board as part of the annual budget process. If deemed necessary to reduce staff, the Board will attempt to do so as part of the annual budget process; however, if circumstances warrant, the Board may undertake staff reduction during an operational year outside of the annual budget process.
2. The Board delegates to the Superintendent the responsibility for applying these procedures, and for recommending to the Board the number and nature of staff reductions that will be required.
3. The primary consideration in the retention of staff is the learning needs of students as determined by the Superintendent who will consult with the Principal and other supervisors as needed.
4. The Superintendent has the ultimate responsibility for staffing, including staff reduction. The Superintendent will consult with the Principal and other supervisors as necessary for the interpretation of these procedures, or situations that may fall outside the scope of these procedures.
5. The guidelines outlined in these administrative procedures are intended to support the staff reduction process and the Superintendent or designate may diverge from the guidelines described herein should circumstances warrant.

Procedures

1. Employees who are being considered for retention must be qualified to teach the grade level(s), program(s), and/or perform the duties of the position for which they are being considered. Throughout the staff reduction process, the following criteria shall be utilized in determining which contracts of employment shall be terminated:
1.1. First, the employee’s qualifications, expertise, and relevant experience pertaining to the programs and needs of students and the effective and efficient implementation of instructional programs; and,
1.2. Second, the employee seniority accumulated under contract with the School.
2. The Superintendent or designate will endeavour to meet the reduction needs via the following means in the following order. It is understood that the reduction process may not be linear and reductions by some means may lead to reduction by other means:
2.1. Voluntary attrition through resignation or retirement;
2.2. Requests for leave of absence;
2.3. Voluntary change in employment status (e.g. full time to part time).
2.4. Termination of Contracts in this order: Temporary, Probationary, Continuing.
3. In accordance with the Education Act, the Superintendent or designate will bring to the Board, for final approval, recommendations to terminate specific contracts.                                                                          4. Upon the decision of the Board to terminate a contract of employment, the Superintendent or designate shall
inform the affected teacher, in writing, of the recommendation to terminate, the reason for doing so, and the
employee’s right to an appeal to the Board under the provisions of the Education Act. The notice to the teacher
shall include the:
a. Recommendation for termination;
b. Reason(s) for termination including the reason(s) why staff reduction is required.
c. The basis for determining that the teacher was surplus to the needs of the school.
d. The teacher’s right to appeal the decision to the Board and be represented by counsel and to make
submissions to the Board in person or through his/her representative or both.
5. Notice shall be given in accordance with the Education Act.
6. The Superintendent may assign a teacher whose contract of employment may be terminated to a vacant
position.
7. Nothing in this administrative procedure requires that a teacher whose contract may be terminated be assigned.
8. At the end of each school year, support staff will be provided with a lay off notice and a Record of Employment
(ROE) along with notification, that in the case of necessary reductions, not all support will be recalled in the fall for
the upcoming school year.

References: Sections: 212,215 of the Education Act, Employment Standards Code