REDUCTION IN FORCE FOR DISTRICTS OTHER THAN ST. LOUIS CITY: This act modifies the criteria that a school board uses when placing teachers on leave of absence because of a decrease in student enrollment, district reorganization, or financial condition. This act repeals requirements and procedures commonly referred to as "last in first out" which, when placing teachers on leave, give preference to permanent teachers and retains permanent teachers based on performance-based evaluation and seniority. Instead, this act provides that seniority, years of service, or the amount of an individual teacher's salary cannot be used as criteria when placing teachers on leave due to a reduction in force. Individual performance will be the most heavily weighted factor, at not less than seventy percent, including evidence of increased student achievement. Any record of misconduct, criminal conduct or excessive unexcused absences will be considered as a negative factor. Significant, relevant contributions to the school will be a positive factor. Relevant special training, certifications, or licenses will be a positive factor. Collective bargaining agreements and contracts must authorize the use of evaluation results as a basis.

This act also eliminates certain payments made to teachers when the board of education is reducing teachers in an attempt to manage adverse financial conditions. (Section 168.124)

ST. LOUIS CITY SCHOOL DISTRICT TENURE SYSTEM: Currently, a separate tenure system exists for the St. Louis City School District. This act adds "incompetency" as a cause for removing a tenured teacher in the St. Louis City School District. This act also shortens the notification period to start termination proceedings for a tenured teacher from one semester to thirty days for incompetency or inefficiency. In addition, the superintendent, or his or her designated representative must meet and confer in an effort to resolve the matter.

It also removes a restriction on hiring new teachers while there are available teachers on leave. The length of time a teacher may be placed on leave is limited to three years, unless extended by the board.

This provision is also contained in SB 601 (2012) and HB 1893 (2012). (Section 168.221)

REDUCTION IN FORCE FOR NON-CERTIFIED EMPLOYEES IN ST. LOUIS: Currently, non-certified employees in the St. Louis City School District have a system with tenure-like protections. This act repeals Section 168.291, which governs reduction in force for these employees and established a "last in, first out" system for them.

This provision is also contained in SB 601 (2012), HB 1893 (2012), and SS/SCS/SB 806 (2012). (Section 168.291)

MICHAEL RUFF