**** URGENT ****

Permanent Teacher Information

Please review all information below:

Sub Information : ALL PERMANENT STATUS EMPLOYEES WHO TURNED IN A REQUEST FOR HEARING FORM ARE ENTITLED TO ATTEND ALL THREE (3) DAYS OF THE RIF HEARINGS (APRIL 14-16, 2008).

Frequently Asked Questions

Member Information Form

Notice of Defense

RIF Data Form

Request for Hearing

Information Regarding Representation

Consent to Legal Representation

Two important reminders are as follows:

1. March 25, 2008 - Your "Request for Hearing" form is due to the District by 5pm, March 25. Please hand-deliver this form and provide a copy to SDEA, along with other forms in the packet SDEA sent to your home, ASAP.
2. Currently there are four dates for pre-hearing meetings with our CTA lawyer, Fern Steiner. These meeting will give you an opportunity to get your questions answered and to prepare for the upcoming RIF hearings.
   1. Wednesday, March 26 @ 4:30pm - SDEA Auditorium
   2. Friday, March 28 @ 4pm - SDEA Auditorium
   3. Thursday, April 3 @ 4pm - SDEA Auditorium
   4. Thursday, April 10 @ 6:30pm - SDEA Auditorium

March 2008

Dear SDEA Member:

Your union stands with you. As the SDUSD School Board proceeds with disseminating “Reduction in Force” (RIF) or layoff notices to our fellow SDEA members, SDEA staff, SDEA/CTA attorneys, and your fellow SDEA members are working hard to protect all our members. We recognize how stressful this situation is for everyone and we want to assure you that we will all do our best to protect your job.

This letter is NOT a notice of layoff; it is part of SDEA’s best effort to ensure that all members are aware of the process and their rights in the event that you do receive a layoff notice from SDUSD. If you do receive a RIF notice, it is critical that you read and follow the advice below in the upcoming days and weeks. Please note that the RIF notices sent by the District are necessarily worded in a stern legal fashion, so be prepared.

Each permanent certificated employee who is served a RIF notice is entitled to a hearing upon request.  You must deliver BOTH a “Request for Hearing” and, later, a “Notice of Defense” to the District within the specified time limits or you may waive your right to a hearing.  We are asking you to use the CTA forms enclosed with this letter and not to use the forms provided by the district.  Because of the dates of SDUSD’s Spring Break, (March 17th-21st), the District has agreed to extend the deadline for return of the Request for Hearing until Tuesday, March 25th. Forms should be returned to Room 1241, Human Resources at the Ed Center.

 This letter is to inform you of the process you need to follow in order to receive legal representation at the layoff hearing:

1.         REQUEST FOR HEARING.  In order to have a hearing, you must request one.  This request must be made in writing within the time specified in the notice of intended dismissal or recommendation that services will not be required next year, usually seven (7) calendar days after you receive the Notice or letter.  A failure to request a hearing within the appropriate time limit will waive your right to participate in the hearing and you may be laid off as a consequence.

            To request a hearing, fill out the attached form entitled Request for Hearing and address it to the district official who signed the Notice or letter.  Deliver the original personally to the addressee at the District and get a receipt or keep a record of the date, time, place, and recipient.  Keep a copy for your records and provide a copy to SDEA.

2.         NOTICE OF DEFENSE. After the district receives your Request for Hearing, it will provide you with documents including a Statement to Respondent and an Accusation.  After you receive the Accusation, fill out the form entitled Notice of Defense which is attached to these instructions.  You must deliver the Notice of Defense to the superintendent, or the district official named in the Statement to Respondent within five (5) calendar days after the Accusation is served.  The Accusation is served on the day the district hand-delivers the Accusation, or, in the case of service by mail, the day the Accusation is placed in the mail.  Deliver the Notice of Defense personally to the school district at the address given in the Statement to Respondent or the Accusation.  Get a receipt or keep a record of the date, time, place and recipient.  Keep a copy for your records and provide a copy to SDEA. The Notice of Defense must be received by the District within the five day period.  If you fail to deliver the Notice of Defense on time you may waive your right to participate in the hearing.  

If you have any questions about filing a Request for Hearing and/or Notice of Defense, contact your CTA representative immediately.  SDEA will be sending you letters and, if necessary, calling you to inform you of upcoming events or legal requirements.

In addition to the Request for a Hearing and Notice of Defense forms, we have also enclosed other documents in this mailing, including:

1. RIF Data Form ( 3 pages)
2. Information Regarding Representation
3. “Consent to Legal Representation” form (2 pages)

Each one of these documents should be carefully read and, if appropriate, filled out completely. The completed forms (make yourself a copy) should be delivered to SDEA.  The documents will then be transmitted by SDEA to the SDEA/CTA attorney.

Thank you for your dedication to the children of San Diego and to SDEA. We stand with you in opposing the budget cuts that are hurting our students and our sisters and brothers across SDUSD. Please call our office if you have any questions or concerns.

Camille Zombro                                      Dick Gale
SDEA President                                      SDEA Executive Director

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