LAUSD Human Resources RIF Support, Hearings

The Los Angeles Unified School District continues to be affected by the State budget crisis and without an alternative solution at the moment the District was required by law to commence the Reduction in Force Hearing for permanent certificated employees. This is a stressful time for schools and employees and we hope this information is helpful to your planning for any potential Hearing days you may wish to attend. Although the RIF Hearing process for certificated employees may be disconcerting at times, the District wishes to convey that these hearings in no way reflect the District’s appreciation for our employees’ work or the services provided to our students and schools on a daily basis.

As part of the Reduction in Force (RIF) process for permanent certificated employees, a Hearing must be held before an Administrative Law Judge prior to the issuance of final layoff notices. This year, the 2012 RIF Hearing began on Monday, April 16, 2012.

Permanent certificated employees who are eligible to attend the Hearing may use up to six personal necessity (PN) days. Employees who have already used their personal necessity days will not be paid for the time that they attend the RIF Hearings. Such absences will be reported as unpaid (UP) time.

If you are eligible and plan to attend the Hearing, you must make arrangements for classroom coverage by calling the Substitute Unit at (213) 241-6117 to request a substitute teacher. Eligible permanent certificated teachers and support service personnel who attend the Hearing will be provided with a written verification/attendance voucher at the end of each day to submit to their school principal or site supervisor/time reporter for payroll reporting purposes. Please note that personal necessity absences are deducted from your full pay illness bank.

RIF Hearing Venue through May 30: The RIF Hearing is being held at the LAUSD Administrative Office located at 1543 Shatto Street, 3rd Floor, Los Angeles, CA 90017. Limited street parking is available at the Shatto Street location. Other parking options exist in surrounding parking lots (for various fees/rates). Attendees are responsible for their own lunch and parking fee arrangements.

We recommend that you visit both the District’s (www.teachinla.com/assistance/hearings.html) and UTLA’s (http://www.utla.net/rifs) websites for updates at the end of each RIF Hearing day. In anticipation of some of the questions that may arise, the District’s web page above also provides information regarding the Reduction in Force Hearing and a listing of Frequently Asked Questions (FAQ).

The following resources are also available: Employee Service Center (213) 241-6670; the Employee Assistance Program (800) 285-7717; and the Suicide Prevention Crisis Line at (877) 550-2525.

The Administrative Law Judge heard testimony from three witnesses today. The first witness was self-represented. His testimony centered around his ability to meet the District’s competency criteria to be reassigned to another subject area. In addition, two PSA Counselors provided testimony in an attempt to demonstrate that they meet the competency criteria to be reassigned as Psychiatric Social Workers. Hearings will not be in session tomorrow, Friday, May 11 and will resume on Monday, May 14, 2012.

Four witnesses were presented. Each is a current PSA counselor who provided testimony in an attempt to meet the District’s competency criteria to be reassigned as Psychiatric Social Workers. Additional PSA witnesses will be presented on Thursday.

A self-represented Adult Education employee presented testimony regarding the District’ budget and whether or not Adult Education will be funded for the 2012-13 school year. Additional testimony was presented by witnesses who are attempting to meet the District’s competency criteria and Reed skip criteria. Beginning Wednesday, the Administrative Law Judge will begin hearing testimony from PSA counselors.

Testimony was provided by employees contesting their seniority dates and their ability to meet the District’s competency criteria for bumping.

The judge today heard a motion from a teacher who is representing himself at the RIF hearings. The teacher requested a copy of the District’s entire certificated seniority list. The judge denied the request stating confidentiality and relevance issues. Testimony was provided by a second self-represented employee who is currently serving in the Adult Education Division.

UTLA presented two witnesses this morning who provided testimony regarding seniority issues. Six additional witnesses were scheduled to testify, but did not appear.

Three Teacher Librarians testified today regarding competency to bump into other subject areas. This concluded the Teacher Librarian testimony. Tomorrow, UTLA will introduce witnesses who will testify regarding seniority issues.

The Administrative Law Judge (ALJ) began the day by listening to arguments regarding the District’s competency criteria and the skipping of Nationally Board Certified (NBC) teachers. Legal Counsel representing the District presented their arguments supporting both the competency criteria and the skipping of NBC teachers during the RIF process based on their special certification. Counsel representing UTLA argued that the competency criteria was arbitrary and capricious. They also presented arguments outlining their reasons as to why NBC teachers should not be protected from the Reduction in Force.

The ALJ upheld the District’s use of the competency criteria stating that it was “reasonable.” In regard to NBC teachers, the ALJ did not uphold the District’s use of National Board Certification as valid skipping criteria.

Only a morning session was held today due to the fact that two witnesses were unavailable. During the morning session, testimony was provided by one elementary teacher who was representing herself in a seniority matter. Additional testimony was provided by a teacher librarian.

The RIF hearing continued today with five teacher librarians providing testimony related to the competency criteria. Additional stipulations were presented for teachers who meet the competency and have agreed to accept an assignment in a second credential field.

UTLA began presenting its case today by presenting four teacher librarian witnesses. Testimony from teacher librarians will continue on Tuesday, April 24th.

The District continued to present its case today. Rene Gonzales, Executive Director of School Mental Health Services testified regarding Nurses, PSA Counselors and Psychiatric Social Workers.

Justo Avila wrapped up his testimony and was cross-examined by UTLA attorneys. Cross-examination was intensive and covered competency criteria, skipping criteria and the Reed Case among many other issues.

The District rested its case and now UTLA will begin on Monday to present evidence. Beginning Monday, April 23 the hearing will be held at the Shatto Administrative Offices located at 1543 Shatto Street, Los Angeles, CA.

Important note for employees that wish to represent themselves instead of utilizing a UTLA appointed attorney:

The OAH Judge asked the District to post information for employees that wish to represent themselves at the Hearing. UTLA members who plan to represent themselves should present themselves at the RIF Hearings and speak to the Judge on one of the following dates:

Employees wishing to represent themselves should arrive at 9:00 AM and bring a written statement that you plan on representing yourself in the RIF Hearing.

The District continued presenting its case today and the following District staff provided testimony:

Anne Kim (Coordinator of Dual Language Programs testified in regard to the District Dual Language Programs.
Megan Reilly (Chief Financial Officer) testified on the District's budget.
Arzie Galvez (Administrative Coordinator, Office of Curriculum and Instructional Support) testified on the International Baccalaureate Program
Peggy Taylor-Presley testified in regard to National Board Certification.
In addition, 15 teachers met the District's competency requirement and agreed to teach in the new subject area in the 2012-13 academic year.

The District continued presenting its case today. Mr. Justo Avila continued his testimony. Additional testimony was provided by Janice Davis, Administrator, Office of Curriculum and Instrucition, and Dr. Jaime Aquino, Deputy Superintendent, Instruction.

The District began today by presenting legal documents for the record, settling procedural matters, submitting documentation and calling Mr. Justo Avila, Deputy Chief Human Resources Officer as the first witness. Mr. Avila's testimony will continue tomorrow. The District also anticipates calling 2 additional witnesses tomorrow.

There were approximately 200 respondents present today. The District wishes to thank employees who were able to make arrangements with UTLA in regards to testifying, and were able to continue in their classroom with their students today. The District and UTLA reviewed the records for nineteen (19) respondents and agreed that they met the competency criteria and have agreed to teach in that subject area for the 2012-13 academic year.