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Does the layoff notice I received in March mean that I will be released?

  • The certified letter you received in March is a preliminary layoff notice, required by the Education Code whenever the District implements a reduction in force (RIF) of permanent employees. Unless the preliminary notice is rescinded for any reason, you may be released effective June 30, 2012.
  • Final layoff notices are usually sent by May 15, but that date may extend into June, depending on the length of the upcoming RIF hearing. How many permanent employees are ultimately laid off will depend on a number of factors – chief among them the state’s budget situation.

If I hold more than one credential, can I be reassigned to another position?

  • Holding more than one credential may allow you to be reassigned to another position if

    • you have the proper credential for the position;
    • you have one year’s experience in the subject matter as a register-carrying teacher or as an Instructional Coach within the District and within the past five years; and
    • you have greater seniority than the holder of that position and can “bump” him or her, or a vacant position is available.

How will the “Reed” case affect the reduction-in-force?

  • The case of Reed, et al. v. Los Angeles Unified School District, et al., argued that the impact of teacher layoffs at certain schools was so severe and destabilizing that it compromised the constitutional rights of students at those schools. Pursuant to judicial orders issued in that case, the District’s Board of Education has authorized retaining the services of classroom teachers at 45 designated schools, regardless of seniority.
  • Per the Court-approved terms of the “Reed” case, layoff notices that would have been sent to teachers at the 45 protected schools have been redirected to teachers (based on their RIF seniority) at schools that would have otherwise received less than the District-wide average (by percentage) of such notices. “Reed” terms specify, however, that in no case can the redirected RIF notices cause a school to exceed (in percentage terms) the District-wide average.
  • At this time, the “Reed” case is on appeal. However, an appellate decision has not been issued, and the trial judge's final order remains in effect.

Which schools are affected by the “Reed” case?

  • Classroom teachers at the following 45 schools are judicially protected from layoff notices:

    1. Muir MS
    2. Burbank MS
    3. Pio Pico MS
    4. Clinton MS
    5. Audubon MS
    6. Fremont SH
    7. LA School of Global Studies
    8. Liechty MS
    9. Markham MS
    10. Gompers MS
    11. Academic Performance Excellence (APEX)
    12. Helen Bernstein HS
    13. Drew MS
    14. Westchester SH
    15. Irving MS
    16. 42nd Street ES
    17. Santee Education Complex
    18. Edison MS
    19. John Mack EL
    20. Foshay Learning Center
    21. Garfield SH
    22. Gardena SH
    23. Yes Academy
    24. Los Angeles Academy MS
    25. 118th Street EL
    26. Dr. Owen Lloyd Knox EL
    27. Judith Baca Arts Academy
    28. Julie Korenstein EL
    29. School of Arts and Culture (CRMS #7)
    30. Performing Arts Community (SRHS #2)
    31. Wisdom Academy
    32. Estrella EL
    33. Miramonte EL
    34. Bethune MS
    35. Johnnie Cochran MS
    36. 59th St. EL
    37. King MS
    38. Figueroa EL
    39. Hollenbeck MS
    40. 28th St. EL
    41. Miguel Contreras LC
    42. Dorsey SH
    43. Virgil MS
    44. Jordan SH
    45. Huntington Park SH

How will "skipping" affect the reduction-in-force?

  • Pursuant to the Education Code, the District will be deviating from seniority order to retain:

    • Certificated employees who hold National Board Certification in the subject matter they will be teaching during the 2012 - 2013 school year.

    • Certificated employees who have served in Dual Immersion programs during the 2011 - 2012 school year and who will serve in such programs during the 2012 - 2013 school year, as set forth in the Dual Language Program Resolution adopted on June 14, 2011.

    • Certificated employees who have served in an International Baccalaureate program during the 2011 - 2012 school year and who will serve in such a program during the 2012 - 2013 school year.

If I am laid off, when will I receive my final salary warrant?

  • The final salary warrant for released employees will be July 5, 2012.

What happens to my accrued illness account balance?

  • If you are reemployed by the District within 39 months from the date of layoff, your accrued illness hours will be restored.
  • If you are employed by another district within 1 year from the date of layoff, you may transfer your accrued illness hours to that district.
  • If you do not become reemployed by the District within 39 months from the date of layoff, your accrued illness hours will be forfeited.

Will I continue to receive health benefits?

  • In general, released teachers are eligible to elect COBRA benefits. Please direct any questions to Benefits Administration at (213) 241-4262.
  • Benefits Administration will automatically send out COBRA information after July 1 to employees who receive final layoff notices.
  • Permanent employees who are laid off and who process for day-to-day substitute employment may qualify for ongoing health benefits if they provide service for at least one day each month during the 2012-2013 school year.

Will I be eligible for unemployment benefits?

  • Released employees may call the Employment Development Department at (800) 300-5616 for information, or they may visit the EDD website at www.edd.ca.gov.
  • When filing the claim, employees should provide the following employer address:

Los Angeles Unified School District
c/oTALX
P.O. Box 23020
Oakland, CA 94623-2302

  • Employees should be aware that giving the Beaudry address or a school site address will delay the claim.

If I am laid off, how can I be reemployed by the District?

  • Permanent employees are automatically placed on a reemployment list and, as positions become available, are offered the opportunity to re-contract in order of seniority.

How long can I remain on the reemployment list?

  • As a permanent employee, you will be kept on the reemployment list for 39 months from the date of layoff, unless otherwise provided by law.

If I retire during the 39 months that I am on a reemployment list, do I remain on the list and am I able to unretire when I am reached on the reemployment list?

  • Retiring from a certificated position also requires an employee to resign from the District.  This resignation is an official separation from active District service.  Individuals who resign from the District during their 39 months on a reemployment list will be removed from the reemployment list as of the effective date of their resignation.


Can a school purchase my position?

  • Schools can purchase classroom and/or non-classroom positions through alternative funding sources. BUT the positions must be filled by individuals on the reemployment list in order of seniority in any given subject area.

Will I be able to substitute?

  • Yes. In fact, permanent teachers who are laid off have priority in being offered substitute employment opportunities.
  • Released permanent support services employees who also have a teaching credential may process as substitute teachers as well.
  • We will announce the dates for substitute processing closer to the end of the school year. (Notification will be made through your LAUSD email account).

If I become a substitute teacher, will my name be removed from the reemployment list?

  • No. Your name will remain on the reemployment list (for up to 39 months from the date of layoff), even if you convert to substitute status.

Will I be able to teach summer school?

  • No. Released employees are not eligible to accept summer school assignments or positions.
  • However, if you are interested in teaching summer school, you should apply – regardless of whether you received a preliminary layoff notice, in case the notice is rescinded for any reason.

How can I teach other subjects?

  • Teachers with Multiple Subject Credentials may wish to consider teaching middle or high school. By verifying subject-matter competence through a subject area CSET or Commission-approved subject matter program, and taking a secondary methods class, you can earn a Single Subject Teaching Credential.
  • Teachers with Single Subject Credentials may qualify for subject matter competence by taking additional CSET exams.

How is RIF seniority determined?

  • An employee’s seniority date is the year, month, and day on which the employee first rendered paid service in probationary status.

    • Permanent Employees:  If an individual was initially hired into probationary status or as a District intern, his or her first date of paid service in that capacity serves as the RIF seniority date. If an individual was initially contracted in provisional status or as a university intern, the case of Bakersfield Elementary Teachers Association v. Bakersfield City School District requires the District to use the contract date as the RIF seniority date.

    • Non-permanent/Probationary EmployeesNon-permanent/probationary employees follow the District/UTLA Collective Bargaining Agreement layoff order. Per the CBA, the order of layoff is based on seniority within status, beginning with provisional employees, then temporary contracts, then university interns, then District interns, then probationary 1 employees, then probationary 2 employees.

    • Matrix and Displacement Dates:   The District follows the CBA for matrix or displacement issues. Provisional or university intern contract dates are not used towards seniority (since the “Bakersfield” case does not apply in non-RIF contexts). District intern, probationary, and permanent contract dates are used for matrix and displacement purposes.

How is seniority determined when an employee leaves the District, then returns?

  • If an employee resigns his or her employment, or leaves the District for any reason other than a layoff, then his or her seniority date is not restored upon return; rather, it begins anew. (If the return is within 39 months of the separation, however, the employee retains permanent status – but not seniority).
  • If the employee is laid off because of a RIF, the original seniority date is restored if the employee is recalled within 39 months of the separation date. (Education Code § 44956(a)(4)).

What is the difference between teachers who are laid off and those who are displaced?

  • Displacements occur when there is an overstaffed situation at a school (usually as a result of norming). A “Notification of Displacement” form is given to the affected employees prior to the end of the school year or prior to the norm date established by the District. The displaced teachers are then reassigned.
  • Layoffs occur when the District’s Board of Education determines a need to reduce its workforce in particular subject areas or services. A “Notice of Termination” (due to RIF) is mailed to affected employees by the District.

Is there additional support available to laid off employees?

  • The Employee Service Center (ESC) has been established to help all current and laid off District employees address a range of work-related issues and to access resources.

  • As of January 1, 2011, benefits through the Employee Assistance Program (EAP) are being provided by Managed Health Network (MHN), the behavioral health subsidiary of Health Net, Inc. You can call toll free 800-285-7717 (or TDD: 800-327-0801), 24 hours a day, 7 days a week.


If you have any questions regarding this information , please e-mail certificatedrif@lausd.net or call (213) 241-5553.


 

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