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A017 - Utah Code Annotated 53A-8a-505

 Administrative Letter #17 Utah Code Annotated 53A-8a-505 - Approved 05/23/2013; Updated 08/22/2013, 07/07/2017


DATE:                Reviewed and Updated July 2017 – Lyle Cox 

SUBJECT:         Reduction in Force (RIF) and Necessary Staff Reduction 

AUTHORITY:   Utah Code Annotated 53A-8a-505 

The following administrative procedures shall apply if it becomes necessary to conduct a Reduction in Force (RIF) to reduce the number of career or provisional employees because of declining student enrollments in the district, the discontinuance or substantial reduction of a particular service or program; the shortage of anticipated revenue after the budget has been adopted; or school consolidation. 

This procedure shall not apply to the reduction or dismissal of temporary employees. 

The Director of Human Resources, shall explore, consider, and if possible implement reasonable alternative options to avoid a RIF, to include identification of and consideration for placement of a displaced employee into any vacant position for which the employee is fully qualified.  The District is not required to end the employment of a temporary employee in order to create a vacant position.  

If a RIF appears inevitable, the HR Director shall meet and confer with the Superintendent of Schools to explain the need for a RIF and answer questions.   

After the meeting, the Director of Human Resources shall submit a list of positions to the Superintendent that are recommended for reduction and the Superintendent will determine whether or not a RIF for employees is necessary, appropriate or in the best interests of the school district. 

The HR Director shall base dismissal, demotion, or reduction to part-time employment on the criteria as set forth below. 

Criteria for RIF Retention Consideration: 

The primary consideration in any RIF will be the maintenance of a sound, functional, and balanced educational program that is consistent with the functions, operations, and responsibilities of the school district. The HR Director may consider a variety of factors in determining which employees will be recommended for the RIF, to include the following (the criteria is not listed in any specific priority order): 

     The results of performance evaluations or other employee acknowledged performance related documentation;

     Verbal, written, or other documented disciplinary action that has been acknowledged by the employee;

     Parent and student feedback;

     Program requirements;

     Qualifications including; licensure, endorsements, education, and relevant experience;

     Highly qualified status;

     Program enrollment;

     Service in extra duty positions and ability to fill such positions;

     Student performance; and/or

     Recommendations and advice from supervisors. 

The criteria used to identify employees shall be identified in a RIF retention document and shall be retained for a period of one year form the effective date of a RIF action.    

Individuals interested in reemployment with the District after RIF separation may submit an application for reemployment using the standard District application process.  If an employee is rehired into a position classified identically the same as the position held immediately prior to the RIF separation the employee may be placed at the same lane and step (inclusive of a grandfathered lane and step) the employee held prior to RIF dismissal.

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