D.C. Mun. Regs. tit. 5, r. 5-E1500

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-E1500 - GENERAL POLICY

1500.1

The purpose of this chapter is to establish an orderly procedure for the termination of the employment of employees of the Board of Education due to the lack of funds, lack of work, or reorganization of functions.

1500.2

Reduction-in-force (RIF) is a process whereby the total number of positions is reduced for one (1) or more of the following reasons:

(a) Budgetary reasons;

(b) Curtailment of work;

(c) Reorganization of functions; or

(d) Other compelling reasons.

1500.3

All employees of the D.C. Board of Education, regardless of previous classification, are classified as educational service employees under the personnel authority of the Board of Education and shall be processed pursuant to this chapter.

1500.4

When used in this chapter, the following terms shall have the meanings set forth in this subsection:

(a) Nonschool-based personnel: employees of the Board of Education who are not based at a local school or who do not provide direct services to individual students;

(b) School-based personnel: employees of the Board of Education who are based at a local school or who provide direct services to individual students;

(c) School administrators: principals, assistant principals, school program directors, coordinators, instructional supervisors, and support personnel of the Board of Education;

(d) Days: calendar days;

(e) Encumbered position: a position which is presently filled by an employee performing an assigned function(s);

(f) Length of service: includes service with the Board of Education, the federal government, the District of Columbia government, and the military. In addition, each employee who is a bona fide resident of the District of Columbia shall have added five (5) years to his or her creditable service for reduction-in-force purposes. For purposes of this section only, a nonresident District employee who was hired by the District government prior to January 1, 1980, and has not had a break in service since that date, or, a former employee of the U. S. Department of Health and Human Services at Saint Elizabeth's Hospital who accepted employment with the District government on October 1, 1987, and has not had a break in service since that date, shall be considered a District resident; and

(g) Status: designation within a position, or within the system, such as permanent, probationary, temporary, or temporary indefinite.

1500.5

The procedures set forth in this chapter shall supersede the terms of any negotiated collective bargaining agreement in force and effect or to be negotiated for the fiscal year ending September 30, 2002 and subsequent fiscal years.

D.C. Mun. Regs. tit. 5, r. 5-E1500

Final Rulemaking published at 43 DCR 5264 (September 27, 1996); as amended by Final Rulemaking published at 49 DCR 5975 (June 28, 2002)

AUTHORITY: Unless otherwise noted the authority for this chapter is § 2 of an Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).