Pink Isn’t Always Pretty

1. Pink Isn’t Always Pretty Fighting the Pink Slip

2. District • 7500 students K-8 • 1 FTE Special Ed Nurse • Special Ed assessments • SPHCS for Spec. Ed students • Case management of Spec. Ed students • 1 FTE Regular Ed Nurse • Manage health services program • Mandated screenings • SPHCs for Regular Ed students

3. What’s a RIF? • RIF = “Reduction in Workforce” • Tenure and RIF • Your Union and RIF • RIF Timelines and Language : Mandated by Law.

4. First Thing To Do • Contact Your Union Immediately • Layoff timelines determined by law. • If you miss a deadline, you have no recourse. • Attend Union sponsored meetings for staff • Sign paperwork to protest layoff. • Make appointment for Union Lawyer.

5. So You’ve Got A Lawyer! • Union lawyer represents members, not individuals. • You have a right to get your own lawyer. • Spokesperson at legal hearing. • Prior the hearing, expect 15-20 minute appointment. • You prepare your case!

6. Take To Your Meeting With The Lawyer • Your job description • Why not RIF? • Preliminary time study • Supporting documents: Mandated services and legal citations. • Be Prepared!

7. The RIF Process • 2/27/03: Superintendent gave written notice to the School Board that my services will not be required. • 3/7/03: Notice of Recommendation that Services Will Not Be Required. • 3/27/03: Accusation letter. • 4/8/03: Notice of Hearing • 4/21/03, 4/22/03 Hearings • 5/6/03: Judgment Returned

8. Letter of Accusation3/27/03

9. Preparing Your Case • Have rough outline prepared for meeting with lawyer. • Focus on what shall be done, not what may be done. • The Administrative Law Judge rules on the law. Can your District meet legal requirements without your services? • Time study your job • Learn Ed. Code, CCR, B&PC, Board Policy

10. Diligent Care • CEC 49400. The governing board of any school district shall give diligent care to the health and physical development of pupils, and may employ properly certified persons for the work.

11. Supervision: • CCR Title 5 3051.12. Indirect supervision means that the supervisor shall be available to the qualified designated school personeither in person or through electronic means to provide necessary instruction, consultation, and referral toappropriate care and services as needed. Supervision of designated school persons shall include review on-site by a qualified school nurse, qualified public health nurse, or qualified licensed physician and surgeon. Supervision shall also include review of the competence of that individual in performing the specialized health care service, maintenance of appropriate records, physical environment, and equipment.

12. SPHCs: Not just any nurse….. • CEC 49423.5.(a) Notwithstanding the provisions of Section 49422, any individual with exceptional needs who requires specialized physical health care services, during the regular school day, may be assisted by the following individuals: • (1) Qualified persons who possess an appropriate credential issued pursuant to Section 44267, or hold a valid certificate of public health nursing issued by the State Department of Health Services; or • (2) Qualified designated school personnel trained in the administration of specialized physical health care provided they perform such services under the supervision of a school nurse, public health nurse, or licensed physician and surgeon.

13. Supervisor of Health • California Education Code 49422. • (a)   No physician, psychiatrist, oculist, dentist, dental hygienist, optometrist, otologist, podiatrist, audiologist, ornurse not employed in that capacity by the State Department of Health Services, shall be, nor shall any other person be, employed or permitted to supervise the health and physical development of pupils unless he or she holds a services credential with a specialization in health or a valid credential issued prior to the operative date of Section 25 of Chapter 557 of the Statutes of 1990.

14. Organize Legal Citations

15. Create a Visual

16. Time Study Your Job

17. Special Ed Nurse Overload

18. The Hearing • Be Prepared. Bring • 4 copies of every document • Timestudy, visuals, job description, health problems summary, SPHC summary, Emergency Care Plan Summary, other supporting documents. • Ed. Code documents- • Confidence • Bring in supporting testimony • Take notes, find holes in the District’s argument. • Talk to the lawyer at hearing. Sit with the lawyer during supporting testimony

19. Suggestions • Be sure all your work is done at home. • Do not use district resources to make your case, unless requested by supervisor. • Find out district plan and be prepared to argue. • Keep testimony factual, but powerful.

20. The Decision

21. Victory!! • “The District issued a layoff notice to Respondent Melinda Landau, one of two nurses who work for the District. Respondent Landau established that the District cannot reduce the level of nursing below 2.05 FTE without imposing an impossible burden on the remaining nurse (Jane Wilson) who only works .8 FTE. Ms. Wilson and Respondent Landau testified that would be impossible to provide the mandated services required of the District if Ms. Landau’s position is eliminated. Further, the District’s plan to use aides to provide mandated services would not be appropriate because many of the services provided by the nurses are non-delegable. Therefore, the District may not reduce nursing by 1.0 FTE.”

22. Melinda’s website • All my RIF documents are available at: www.melindalandau.com • These documents represent my argument in my RIF case and are meant only to share my successful defense against my RIF hearings