Retaining Effective Teachers Policy
The state should require that its school districts consider classroom performance as a factor in determining which teachers are laid off when a reduction in force is necessary. This was reorganized in 2021.
Factors to Consider: California determines which teachers are laid off
during a reduction in force using a teacher's tenure status and
seniority. Permanent employees may not be terminated "while any
probationary employee, or any other employee with less seniority" is
available to be terminated instead.
The state does allow an exception to this policy if, "The district demonstrates a specific need for personnel to teach a specific course or course of study...which others with more seniority do not possess, [or] for purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws."
California Education Code 44955
Require that districts consider teacher effectiveness as the most important factor in determining which teachers are laid off during reductions in force.
California should give districts the flexibility to determine their own layoff policies, but it should do so within a framework that ensures that teacher effectiveness is the most influential factor. Further, although it may be useful for California to consider seniority among other criteria, the state should also consider performance so that it does not sacrifice effective teachers while maintaining low performers.
California was helpful in providing NCTQ with facts that enhanced this analysis.
"Last In, First Out (LIFO)" policies put adult interests before student needs, yet most districts across the country still use these policies in the event of teacher layoffs. While most states leave these decisions to district discretion, other states require layoffs to be based on seniority. Such policies fail to give due weight to a teacher's classroom performance and risk sacrificing effective teachers while maintaining low performers.
Policies that prioritize seniority in layoff decisions can also cause significant upheaval in schools and school districts. As teachers who are newer to the classroom traditionally draw lower salaries, a seniority-based layoff policy is likely to require that districts lay off a larger number of probationary teachers rather than a smaller group of ineffective teachers to achieve the same budget reduction.
States can leave districts flexibility in determining layoff policies, but they should do so while also ensuring that classroom performance is considered. Further, if performance is prioritized, states need not prohibit the use of seniority as an additional criterion in determining who is laid off.