With the California's Budget Deficits looming, the Board of Education needs to take action to insure the financial stability of the District. Since a significant portion of the District's expense is related to personnel costs, the Board needs to anticipate reductions in that area. In order to maintain maximum flexibility to react to any possible Legislative action, the Board of Edcucation needs to follow the specific requirements of California Education Code related to Personnel. Listed is the timeline laid out by the California Education Code.
| TIMELINE FOR REDUCTIONS IN FORCE | |
| WHEN | EVENT |
| March 11 | Board adopts appropriate resolutions |
| March 11-15 | Notice to Alameda Education Association of potential layoffs and enter into negotiations |
| Arrange for hearing dates with Office of Administrative Hearings | |
| by March 15 | Notify temporary employees of non-reelection |
| Notify probationary employees of non-reelection | |
| Notify administrators of release from assignment | |
| Notify certificated employees of intent not to reemploy due to reduction or elimination of particular kind of service | |
| by March 22 | Certificated employees may request hearing |
| by April 1 | Superintendent's Education Advisory Committee completes its review and recommendations |
| April 8 | Board adopts/modifies Superintendent's Recommendations |
| April 9 | Accusation Letters sents to Certificated Employees related to Board Action taken on April 8 |
| April 30 | Hearings conducted by Administrative Law Judge for certificated employees |
| by May 7 | Administrative Law Judge submits decision to Board |
| by May 15 | Board sends final notice to terminated employees |
| by May 29 | Notices to classified staff |
Superior Court Judge Denies AEA's Petition Against the District for Issuing Lay-Off Notices
The Alameda Education Association (AEA) lawsuit against the Alameda Unified School District (AUSD), questioning the legality of its right to issue potential lay-off notices to teachers in mid-March, was denied on April 14, when the AEA failed to show up to argue its case at a hearing scheduled for that purpose. Failure to show or argue in effect terminates the proceedings which the AEA began in late March when it first sought a temporary restraining order against the district for issuing the notices. The temporary restraining order, asserting that the district had put teachers in immediate harm by issuing the notices, was denied on March 25. At that time, the court shortened the required time for hearing the case from 30 days, to two weeks, setting the hearing date for April 14. On Friday, April 11, prior to the scheduled hearing, an Alameda County Superior Court judge issued a tentative decision to deny the AEA's claims against the district.
Unfortunately, it was necessary for the school district to issue final lay-off notices to eleven teachers on April 9, the day after the Alameda school board approved $1.7 million dollars in budget reductions for next year, as a result of the state's fiscal crisis.
"We are thankful that we were able to keep our employee lay-offs to a minimum in spite of the significant impact of state funding cuts on our district. We're hopeful that with retirements and normal attrition we will be able to reduce the number even further," said Dr. Nishino, Superintendent of Alameda schools.
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Last modified: March 10, 2003
Disclaimer: This website is the sole responsibility of Mike McMahon. It does not represent any official opinions, statement of facts or positions of the Alameda Unified School District. Its sole purpose is to disseminate information to interested individuals in the Alameda community.