Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 14. Education, Libraries, and Museums
- Chapter 20. Teachers and School Personnel
- Section 177. Reductions in Force.
previous: Section 175
next: Section 180
. Procedures Upon Notice of Dismissal or Nonretention.
AS 14.20.177. Reductions in Force.
- (a) A school district may implement a layoff plan under this section if it is necessary for the district to reduce the
number of tenured teachers because
- (1) school attendance in the district has decreased; or
- (2) the basic need of the school district determined under AS 14.17.410(b)(1) decreases by three percent or more from
the previous year.
- (b) Before a school district lays off any tenured teacher, the school board shall adopt a layoff plan. The plan must
identify academic and other programs that the district intends to maintain in implementing the layoff plan. The plan
must also include procedures for layoff and recall of tenured teachers consistent with this section.
- (c) Except as provided in this subsection, a school district may place a tenured teacher on layoff status only after the
district has given notice of nonretention to all nontenured teachers. However, a school district may retain a
nontenured teacher and place on layoff status a tenured teacher if there is no tenured teacher in the district who is
qualified to replace the nontenured teacher. The school district shall comply with the notice requirements set out in
in placing a tenured or nontenured teacher on layoff status.
- (d) For purposes of this section, a tenured teacher is considered qualified for a position if the position is in
- (1) grades K - 8 and the teacher has an elementary endorsement;
- (2) an established middle school and the teacher has
- (A) an elementary endorsement;
- (B) a middle school endorsement; or
- (C) a secondary certificate with a subject area endorsement in the area of assignment in which the teacher filling the
position will spend at least 40 percent of the teacher's time or the teacher has, within the five years immediately
preceding the last date on which the teacher performed teaching services in the district before being laid off,
received an evaluation stating that the teacher's performance in the subject or subjects meets the district performance
- (3) grades 9 - 12 and the teacher has an endorsement for each subject area in which the teacher filling the position will
spend at least 40 percent of the teacher's time or the teacher has, within the five years immediately preceding the
last date on which the teacher performed teaching services in the district before being laid off, received an
evaluation stating that the teacher's performance in the subject or subjects meets the district performance standards.
- (e) For a period of three years after layoff, a teacher is on layoff status and is entitled to a hiring preference in the
district where the teacher had been employed. The hiring preference applies only to vacant teaching positions for which
the teacher is qualified. If a teacher is offered a teaching position under this subsection and the teacher declines
the offer or fails to accept it within 30 days, the teacher is no longer considered to be on layoff status and is no
longer entitled to a hiring preference under this section unless the teacher declines the offer because the teacher is
contractually obligated to provide professional services to another private or public educational program.
- (f) Notwithstanding any provision of AS 23.40, the terms of a
collective bargaining agreement entered into between a school district and a bargaining organization representing
teachers on or after August 16, 1996, may not be in conflict with the provisions of this section.
- (g) A teacher on layoff status is not entitled to be reemployed under AS 14.20.145
and does not accrue leave. However, layoff status does not constitute a break in service for retaining tenure rights
and accrued sick leave.
- (h) In this section, "school district" or "district" means a city or borough school district or a regional educational
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.