Layoffs: Nebraska

Retaining Effective Teachers Policy

Look at National Findings

Goal

The state should require that its school districts consider classroom performance as a factor in determining which teachers are laid off when a reduction in force is necessary. The bar for this goal was raised in 2017.

Meets a small part of goal

Suggested Citation:
National Council on Teacher Quality. (2017). Layoffs: Nebraska results. State Teacher Policy Database. [Data set].
Retrieved from: https://www.nctq.org/yearbook/state/NE-Layoffs-79

Analysis of Nebraska's policies

Factors to Consider: Nebraska determines which teachers are laid off during a reduction in force using a teacher's tenure status. School districts may only lay off tenured teachers after notice has been given to nontenured teachers. In addition, performance is permitted—but not required—to be used as a factor. If "employee evaluation" is used, then "specific criteria such as frequency of evaluation, evaluation forms, and number and length of classroom observations shall be included as part of the reduction in force policy."

Recommendations for Nebraska

Require that districts consider teacher effectiveness as the most important factor in determining which teachers are laid off during reductions in force.
Nebraska may continue to provide districts flexibility in determining layoff policies, but it should do so within a framework that ensures that teacher effectiveness is the determinative factor. Further, although it is not unreasonable for Nebraska to lay off probationary teachers before those with tenure, the state should also consider performance so that it does not sacrifice effective teachers while maintaining low performers.

State response to our analysis

Nebraska recognized the factual accuracy of this analysis and referenced the comments it made to this goal in 2015.

Updated: December 2017

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How we graded

9E: Layoffs

Performance: The state should require that districts consider teacher effectiveness in determining which teachers are laid off during reductions in force and ensure that seniority is not the only factor used.

Performance
The total goal score is earned based on the following:

Full credit: The state will earn full credit if teacher performance is the top criterion in reduction-in-force decisions.
Three-quarters credit: The state will earn three-quarters of a point if performance is a required—but not the most influential—criterion in reduction-in-force decisions.
One-half credit: The state will earn one-half of a point if retention policies based solely on tenure or seniority are explicitly not allowed, but performance is not an explicitly required factor in reduction-in-force decisions.

Research rationale

"Last In, First Out (LIFO)" policies put adult interests before student needs, yet most districts across the country still use these policies in the event of teacher layoffs. While most states leave these decisions to district discretion, other states require layoffs to be based on seniority. Such policies fail to give due weight to a teacher's classroom performance and risk sacrificing effective teachers while maintaining low performers.^{^[1]}

Policies that prioritize seniority in layoff decisions can also cause significant upheaval in schools and school districts. As teachers who are newer to the classroom traditionally draw lower salaries, a seniority-based layoff policy is likely to require that districts lay off a larger number of probationary teachers rather than a smaller group of ineffective teachers to achieve the same budget reduction.

States can leave districts flexibility in determining layoff policies, but they should do so while also ensuring that classroom performance is considered. Further, if performance is prioritized, states need not prohibit the use of seniority as an additional criterion in determining who is laid off.

^{^[1]} See National Council on Teacher Quality. (2011). Teacher layoffs: Rethinking 'last-hired, first-fired' policies. Retrieved from http://www.nctq.org/dmsView/Teacher_Layoffs_Rethinking_Last-Hired_First-Fired_Policies_NCTQ_Report; The New Teacher Project. (2011). The case against quality-blind teacher layoffs. Retrieved from http://tntp.org/assets/documents/TNTP_Case_Against_Quality_Blind_Layoffs_Feb2011F.pdf?files/TNTP_Case_Against_Quality_Blind_Layoffs_Feb2011F.pdf; Boyd, D., Lankford, H., Loeb, S., & Wyckoff, J. (2011). Teacher layoffs: An empirical illustration of seniority versus measures of effectiveness. Education, 6(3), 439-454. Retrieved from http://www.urban.org/UploadedPDF/1001421-teacher-layoffs.pdf; Goldhaber, D., & Theobald, R. (2010). Assessing the determinants and implications of teacher layoffs (Working Paper 55). National Center for Analysis of Longitudinal Data in Education Research. Retrieved from http://www.urban.org/UploadedPDF/1001496-Assessing-Teacher-Layoffs.pdf; Sepe, C., & Roza, M. (2010). The disproportionate impact of seniority-based layoffs on poor, minority students. Center on Reinventing Public Education, University of Washington. Retrieved from http://crpe.org/publications/disproportionate-impact-seniority-based-layoffs-poor-minority-students

State Teacher Policy