SUMMER LAYOFFS SUPPLEMENTAL INFORMATION

To: All K-12 Clients

From: Margaret M. Merchat, General Counsel

Date: June 3, 2009

Subject:SUMMER LAYOFFS SUPPLEMENTAL INFORMATION
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This memo supplements the information that was sent out on May 29, 2009, regarding summer layoffs. Yesterday, the Office of Administrative Hearings (“OAH”), the agency that conducts the layoff hearings, issued a supplemental procedure statement which is attached for your information. A critical component of this release is that the OAH is requiring school districts/county superintendents to notify them no later than June 15, 2009, if they are anticipating the need for a summer layoff. As part of this notification process, schools are required to submit a copy of their Schedule of Notice and Hearing that they have adopted pursuant to Education Code section 44955.5. This does not mean that the resolution to reduce services has to be adopted by June 15, 2009, but it does require that the schedule be adopted by that date. [Please note that the school attorneys are in contact with OAH regarding this date and it may change.]

Another critical point in the timeframe for summer layoffs action is that OAH is indicating that they will hold hearings only between June 29, 2009 and July 24, 2009. This means that action by a school to reduce particular kinds of services must be adopted well before mid July. Therefore, we are now recommending that districts/county superintendents take action as soon a possible to reduce particular kinds of services, but no later than Monday, July 6, 2009 (rather than mid July).

I have attached a sample Schedule of Notice and Hearing for your consideration. In light of the directions from the OAH, I would urge districts/county superintendents to consider taking action to reduce services during the month of June. The window for action by an agency is open right now because of legislative action in February to adopt a budget. While we all understand that the Legislature and Governor are in the process of revising the 2009-10 budget, it is obvious that it is not going to get better, but worse. Therefore, if the agency meets the criteria for doing a summer layoff now, there should be no issue with it once a revised state budget for 2009-10 is adopted.

So that our office may be able to fully serve and meet your needs regarding summer layoffs, we urge you to contact us as soon as possible to indicate your intent to either explore this issue or to definitely proceed with a summer layoff.

With regard to the attached sample Schedule of Notice and Hearing, we would like to talk to you before adoption so that it can be modified to meet your actual intentions and needs. I am particularly concerned about agencies that may actually start the 2009-2010 school year prior to August 15, 2009. In such cases, it would be our strong recommendation that all notices be completed prior to the first August work day. This may require additional changes to the schedule.

In addition to the information from OAH, I do want to remind any agency that is looking at summer layoffs to be sure that they have a recent resolution regarding tie breaking criteria and skipping criteria. These can be very important documents when we are making decisions about who gets a layoff notice. These criteria need to be adopted either before or at the same time as the resolution to reduce services. If you already have adopted criteria either from a prior year or the recent March layoff process, please review them to be sure that they continue to meet the educational needs of your agency. Agencies can adopt a new set of criteria or reaffirm continued application of existing criteria.

Again, I encourage you to contact us immediately if you are considering doing summer layoffs. We will keep you posted on any new developments on this issue.

PLEASE CONTACT OUR OFFICE FOR FORMS REFERENCED IN THIS DOCUMENT.