OSD BOARD AGENDA ITEM
Name of Contributor: Dr. Jesus Vaca
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Preliminary
Study Session
Report
Hearing:
Consent Agenda
Action Items
Approval of Minutes
Board Policies

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1st Reading _____

Date of Meeting: February 20, 2019

2nd Reading _____

REDUCTION IN FORCE: REDUCTION OR DISCONTINUANCE OF PARTICULAR
KINDS OF SERVICE AND ADOPTION OF RESOLUTION NO. 18-25 (Vaca)
DESCRIPTION OF AGENDA ITEM:
Oxnard School District (District) administration projects that there will be budget constraints in
the 2019-20 school year driven by declining enrollment in the District and the continued
underfunding of education at the State and Federal level.
Education Code states that the District must notice certificated staff no later than March 15 of
each year if the District plans or anticipates possible reductions in personnel. Based on the
budget constraints anticipated in the 2019-20 school year because of the District’s declining
enrollment and the continued underfunding of education at the State and Federal level, the
administration recommends preparing for a reduction in force as a precautionary strategy. Based
on known attrition and assessment of the levels at which reductions must be made, staff has
determined that certificated services must be reduced in the following service areas and specified
quantity of FTEs:
Kind of Service

Full-Time Equivalent
Positions (FTEs)

K-6 Multiple Subject Teachers
Single Subject - Math
Single Subject - English Language Arts/Language Arts
Single Subject - Physical Education
Single Subject – Social Science
Single Subject – Science
Teacher on Special Assignment – Music
Teacher on Special Assignment – Art
Teacher on Special Assignment - English Learners (District Office)
Teacher on Special Assignment - English Learners (Newcomers)
Teacher on Special Assignment – Technology
Instructional Specialist – Math
Instructional Specialist – Science

24.0
2.0
4.0
3.0
3.0
2.0
1.0
1.0
5.0
1.0
2.0
1.0
1.0

 Kind of Service (Continued)

Full-Time Equivalent
Positions (FTEs)

Assistant Principals
Director, Educational Services
Nurse Coordinator

6.0
1.0
1.0
Total FTEs

58.0

District staff has prepared a resolution that must be adopted to authorize the reduction of
certificated services in the specified service areas and amounts. Employees will be laid off in
reverse order of seniority, with all probationary employees being deemed less senior than
permanent employees. The resolution includes tiebreaking criteria to establish an order of
seniority among employees sharing the same seniority date, and “skipping” criteria to retain
employees teaching certain subjects critical to the District, regardless of seniority.
The tiebreaking criteria are the same as the criteria adopted by the Board for the certificated
layoffs in 2012 and 2013.
Following approval of the resolution, by March 15, staff will identify the most junior employees
in each of the service areas; identify any other assignments from which those employees might
“bump” less senior employees, and mail notices of intent to lay off each of the affected
employees. The Board will be advised of the names of the affected employees before March 15.
FISCAL IMPACT:
None.
RECOMMENDATION:
It is recommended that the Board of Trustees adopt the Reduction in Force and Resolution No.
adoption of Resolution No. 18-25, as presented.
ADDITIONAL MATERIAL(S):
 Resolution No.: 18-25: Reduction or Discontinuance of Particular Kinds of Service
DISTRICT GOAL ONE:
All Students Will Achieve High Academic Standards in a Nurturing, Creative and Technology
Rich Learning Environment that Prepares Students for College and Career Opportunities.

 BEFORE THE BOARD OF EDUCATION OF THE
OXNARD SCHOOL DISTRICT
RESOLUTION No. 18-25
REDUCTION OR DISCONTINUANCE OF PARTICULAR KINDS OF SERVICE
(EDUCATION CODE §§ 44949 and 44955)
WHEREAS, the Superintendent of the Oxnard School District (“District”), has
determined that it is in the best interest of the District, and the welfare of the students thereof, to
reduce or discontinue certain particular kinds of services, hereinafter enumerated, and has
recommended to the District’s Governing Board (“Board”) that the District reduce
particular kinds of service no later than the beginning of the 2019-2020 school year; and
WHEREAS, the recommendation includes the assessment that it shall be necessary
to reduce the following particular kinds of service of the District no later than the beginning
of the 2019-2020 school year:
Kind of Service

Full-Time Equivalent
Positions (FTEs)

K-6 Multiple Subject Teachers
Single Subject - Math
Single Subject - English Language Arts/Language Arts
Single Subject - Physical Education
Single Subject – Social Science
Single Subject – Science
Teacher on Special Assignment – Music
Teacher on Special Assignment – Art
Teacher on Special Assignment - English Learners (District Office)
Teacher on Special Assignment - English Learners (Newcomers)
Teacher on Special Assignment - Technology
Instructional Specialist – Math
Instructional Specialist – Science
Assistant Principals
Director, Educational Services
Nurse Coordinator

Total FTEs

24.0
2.0
4.0
3.0
3.0
2.0
1.0
1.0
5.0
1.0
2.0
1.0
1.0
6.0
1.0
1.0

58.0

AND WHEREAS, the Governing Board is required by law to give notice, by March
15, 2019, to all certificated employees affected by any decision to reduce or eliminate these
particular kinds of service;

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 IT IS RESOLVED THAT:
A.

The Board hereby determines to reduce or discontinue services as specified in
the recommendation set forth in the recitals above, no later than the beginning
of the 2019-2020 school year.

B.

The Board hereby determines that, as the result of the above-stated reduction of
particular kinds of service (the “Reduction in Force”), it will be necessary to
terminate at the end of the 2018-2019 school year the employment of
certificated employees of the District in a quantity and kind equal to the FTEs
specified in the recommendation set forth in the recitals above.

C.

Pursuant to Education Code section 44955(d), the Board hereby determines that
there is a specific need at the District for personnel to teach specific courses of
study or provide pupil personnel or health services, and to retain certificated
employees possessing the special training and experience needed to teach such
courses or provide such services that other employees with greater seniority do
not possess. The specific needs of the District in this respect are set forth in
Exhibit A to this Resolution and are incorporated as though fully set forth
herein.

D.

In accordance with California Education Code section 44955(d), the Board
hereby determines that the Reduction in Force shall not include any permanent
or probationary certificated employee who, by his/her training, experience, and
assignment, is described within Exhibit A to this Resolution.

E.

In order to implement this Reduction in Force, it may be necessary to apply tiebreaking criteria to distinguish among certificated employees who first
rendered paid probationary service to the District on the same date. Pursuant to
Education Code section 44955(b), the Board determines that the order of layoff
as between employees who first rendered paid service to the District on the
same date shall be established on the basis of the criteria set forth in Exhibit B
to this Resolution, which are incorporated as though fully set forth herein.

F.

The criteria set forth in Exhibit B to this Resolution shall also be used to
determine the order of reemployment among those certificated employees who
first rendered paid probationary service to the District on the same date. The
Superintendent, or his designee, has the discretion to determine the appropriate
weight of such criteria and the order in which such criteria are most relevant to
serve the needs of the District and students in each tie-breaking situation.

G.

In accordance with California Education Code section 44955(b), the District
resolves that it will retain employees who are certificated and competent to
render services over more senior employees who are not certificated and/or
competent to render the same services. “Certificated” shall mean that an

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 employee possesses a credential issued by the California Commission on
Teacher Credentialing that authorizes him/her to render instruction or services
in the subject matter area in which he/she claims to be entitled to render
instruction or services, or has been lawfully exempted or received a waiver from
the credential requirement. The criteria set forth in Exhibit C to this Resolution
shall be used to determine whether an employee is competent to render services,
and such criteria are incorporated as though fully set forth herein.
H.

The Superintendent is directed to send appropriate notices to all employees
affected by the above-described reduction of a particular kind of service in
accordance with the provisions of the California Education Code, to take all
necessary action to implement this Resolution, and to afford the employees all
rights to which they are entitled under the law and applicable Collective
Bargaining Agreement(s).

PASSED AND ADOPTED by the Governing Board of the Oxnard School District this
20th day of February 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:

Veronica Robles-Solis
President, Board of Trustees
Oxnard School District

Monica Madrigal Lopez
Clerk, Board of Trustees
Oxnard School District

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 Exhibit A
“SKIPPING” CRITERIA PURSUANT TO EDUCATION CODE SECTION 44955(d)(1)
The District shall retain certificated employees in the particular kind of services identified
in Resolution No. 18-25, regardless of their seniority, to the extent one or more of their
assignments meet any of the following criteria:
1. Certificated personnel who possess a credential authorizing the teaching of
special education classes, who are presently assigned within the scope of that
credential, and who will be assigned within the scope of that credential for the
2019-2020 school year.
2. Certificated personnel who possess a Bilingual Cross-cultural Language and
Academic Development (BCLAD) Certificate, who are presently assigned
within the scope of that credential, and who will be assigned within the scope
of that credential for the 2019-20120 school year.

Employees who meet any of the foregoing criteria for some but not all of their
assignment(s) shall be retained only as to that portion of their assignment(s) in 2019-2020
that meets the foregoing criteria.
The Superintendent or designee is authorized to determine which employees qualify to be
“skipped” from the Reduction in Force and to determine the manner in which the foregoing
criteria shall be applied to each employee.

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 Exhibit B
TIEBREAKING CRITERIA PURSUANT TO EDUCATION CODE SECTION
44955(b)
Employees sharing the same first date of paid probationary service to the District shall be
awarded tiebreaking points on the following basis:
Criterion

Points

Possession of credential(s) authorizing service
for the District on March 15, 2019

3 for each professional
clear
2 for each preliminary
1 for each of any other
credential

Subject matter authorizations held on March 15,
2019, including supplemental authorizations, on
credential(s) authorizing service for the District

1 per authorization

Possession of Bilingual Cross-Cultural
Language and Development certificate or its
equivalent on March 15, 2019

1

Column placement on salary schedule as of
March 15, 2019

1 per applicable column

Service as BTSA Mentor teacher within 20182019 school year and/or two immediately
preceding school years

3 per school year

Service as Department Chairperson or
Instructional Team Leader

1

Possession of a License through the Board of
Behavioral Sciences (Educational Psychologist)

3

Employees with a greater number of points shall be considered more senior than employees
with a fewer number of points, for purposes of determining order of layoff and order of
reemployment.
If application of the foregoing criteria fails to resolve a tie among two or more employees,
among the employees who remain tied the employee with the earliest date of issuance of a
preliminary or professional clear credential shall be considered the more senior employee.
As among employees who remain tied who have never obtained a preliminary or
professional clear credential, the employee with the earliest date of issuance of an intern

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 credential shall be considered the more senior employee. As among employees who remain
tied who have never obtained an intern, preliminary, or professional clear credential, the
employee with the earliest date of issuance of an emergency or pre-intern credential,
provisional intern permit or short-term staff permit shall be considered the more senior
employee.
The Superintendent is authorized to determine the number of tiebreaking points to be
awarded to each employee and to determine the manner in which the tiebreaking criteria
shall be applied to each employee.
The Superintendent is authorized to develop and apply additional supplemental tiebreaking
criteria which the District shall use only in the event that the foregoing criteria do not
resolve all ties, and which the District shall apply only to those employees who remain tied
after the foregoing criteria have been exhausted.

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 Exhibit C

COMPETENCY CRITERIA PURSUANT TO EDUCATION CODE SECTION
44955(b)
Pursuant to Education Code section 44955(b), “Competent” shall be defined as follows:
(1) The employee has actually rendered instruction or services in the subject matter area in
which s/he claims to be entitled to render instruction or services in or after the 2009-2010
school year, whether for the District or another school district; and
(2) the employee possesses a BCLAD, CLAD, SB 1969, or other certificate authorizing
him/her to instruct English Learner students.

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