Section 0520-04-02-.01 - POLICYIf for any reason it is determined that it is necessary to reduce the number of employees in the state special schools (i.e., the schools operated by the State Board of Education, or the State Department of Education acting under delegated authority from the board), the following are the approved policies and procedures for accomplishing such reduction in force:
(1) If the reduction in force is due to budgetary requirements the priority for selecting positions to be discontinued will be as follows:(a) Administrative personnel(b) Non-teaching professionals(c) Clerical and support personnel(2) If the reduction in force is due to declining enrollment, the selection of positions to be discontinued shall cut across the total spectrum of employees with emphasis on the programs or services where the decline is the greatest.(3) If the reduction in force is the result of a reorganization or curtailment of educational program motivated by a desire to provide a more efficient and effective school program, then the program(s) affected or eliminated will bear the reduction.(4) In any case of a reduction in force, the selection of positions to be discontinued shall also be based on the following: (a) Positions would be discontinued which would cause the least damage to the ongoing operation of the school.(b) Positions would be discontinued based on the ability of the remaining staff to assume part or all of the duties of the discontinued positions.(c) Priority of consideration would be given to the institution's ability to serve the maximum number of students with the best possible services to these students.(d) Normally, a teacher with tenure will be retained in preference to a teacher without tenure except where such would seriously compromise an educational program or where certification and other considerations are controlling.(5) Any person whose position is discontinued because of a reduction in force shall be given preference for any position in the state special schools that is to be filled during the current school year or the school year immediately following the termination, if such person meets the minimum requirements of the position.(6) A teacher whose position is discontinued because of a reduction in force cannot claim or be transferred into a position currently being filled by a tenured teacher even though the teacher whose position is being discontinued meets the minimum qualifications of the position the teacher might desire to claim or into which the teacher might be transferred.Tenn. Comp. R. & Regs. 0520-04-02-.01
Original rule filed September 30, 1980; effective November 14, 1980. Amendment filed August 20, 1984; effective November 13, 1984. Repeal and new rule filed October 18, 1988; effective January 29, 1989.Authority: T.C.A. §§ 49-112, 49-1423, 49-1424, 49-1425, 49-2610, 49-1-302, 49-5-515, and 49-50- 1001.