Pomona Unified begins sending out preliminary layoff notices

"At this point Pomona Unified is bracing for a $15 million cut," said
Superintendent Thelma Melendez de Santa Ana. "There is no sign we
will be spared from these cuts."

The majority of the district's general fund - 93 percent of it - goes
to salaries and benefits, and the district will need to reduce costs,
she said.

"We care deeply for our coworkers," she said. "But while we wish for
the best we plan for the worst."

District officials believe they may have to cut the $15 million for
the 2009-2010 school year budget based on information from the
Governor's Office.

In preparing the 2008-2009 budget $11 million was cut and the
district has been told to prepare for a possible $10 million cut
during the remainder of the current school year, district spokesman
Tim McGillivray said Wednesday.

Most of the mid-year cut would involve a reduction in programs
resulting from the loss of funds for specific programs, rather than
personal cuts, he said.

District administrators said Tuesday the preliminary layoff notices
will help those affected plan for a possible cut. They said not all
the 643 people receiving notices will end up leaving at the end of
the current school year.

Associated Pomona Teachers President Morgan Brown told board members
the district was sending out more notices than necessary.

"This kind of reckless action causes undue stress," he said.

He added this was not the time to take such an action especially when
the federal government would come through with funding for schools.

But just how much money will reach districts is unclear.

Kenneth Shelton, assistant superintendent for business services with
the Los Angeles County Office of Education, said Wednesday federal
assistance could very well be allocated to schools but it could be
meant to go to specific programs.

What state leaders end up doing is also unknown since the governor
and state legislators have different views on how to fund education,
he said.

As difficult as the decision to send out the notices was, it's a
necessary step said board member Adrienne Konigar-Macklin.

State law requires districts to notify teachers no later than March
15 that they may be laid off. Without that notice, teachers can't be
released at year's end.

Board member Steve Lustro asked if it was possible to delay the
decision on the notices for three to four weeks to see if the federal
government would provide some financial assistance to school
districts.

District officials said sending out the notices at this time allows
for administrative hearings teachers can request.

State regulations allow teachers to request a hearing after receiving
preliminary layoff notices, said Emmett Terrell, deputy
superintendent for personnel services.

State law says a teacher or other certificated employee who receives
a notice has seven days to request a hearing with an administrative
hearing judge, he said.

The teacher and his lawyer, usually one affiliated with a faculty
labor organization, make a case why he should not be laid off,
Terrell said.

Hearings conclude in time for districts to send final layoff notices
which must go out by May 15.

The Web site for the state's Office of Administrative Hearings has
posted information regarding teacher hearings, reserving March 30 to
April 30 for teacher layoff hearings.

The first week of May will be set aside for judges to prepare
decisions, the Web site said.

In the current financial environment school districts must retain as
many options as they have and that can mean noticing personnel for
possible layoffs, said Shelton.

As difficult a step as sending such notices is, it is an option
available should restructuring have to take place, he said.

That way "you have everything on the table," Shelton said.

Such a step provides a degree of flexibility.

After the meeting Brown said Associated Pomona Teachers will begin
the process of educating its members on steps to take related to
seeking hearings.

Sending notices at this time is unnecessary but is the result of
board members listening to district administration and lawyers, he
said.

Board President Andrew Wong said Wednesday it's easy to lose site of
the issues under the current circumstances.

"We don't have a (state) budget, and we know we're going to get cut,"
he said.

The district has no choice but to plan for the impending cuts even
though it has no idea how deep those cuts will be, he said.

"What we did (Tuesday) night is what we were forced to do," he said.