Article 9: Transfer and Reassignment

Definitions

9.1 A transfer is defined as a change from the unit member’s assigned work location to another work location at a different work site.

9.2 A reassignment is defined as n change of position within the same school or facility. Specifically in grades K-5, it is n change of grade level and in grade 6-8, a change from one subject matter area to another; in grade 9-12, it is a change of assignment that requires one or more periods in a department not included in the previous year’s assignment, or three or more periods requiring different preparations from that which the teacher taught the prior year.

9.3 Post of Vacancies

a. For the purposes of this Article, a position shall be deemed vacancy if the position is newly created, open as a result of death, resignation, non-re-election, termination, transfer, reassignment or retirements of an employee, and the District has determined that the number of full time equivalent positions assigned to the school is to be increased or at least maintained at the level existing before the vacancy.

b. Where an opening is created by death, resignation, non-reelection, termination, transfer, reassignment or retirement of an employee and the District has determined it unnecessary to maintain or increase the number of full time equivalent positions at the site in the future, but instead has chosen to meet staffing needs with the adjusted staffing level, the position will not be considered a vacancy for the purposes of this Article.

c. The District shall develop a notice of each vacancy as soon as the District determines the need to fill the vacancy. Each notice shall state a deadline for applications which shall be not less than seven (7) working days after the first date of posting, a description of the position and duties, and a list of all qualifications and requirements for the position. The vacancy shall not be filled prior to the posted deadline.

d. For each vacancy, the District shall electronically deliver the notice to the Association and each school site via site folders on District Intranet. A hardcopy of the notice shall also be posted at each site.

9.4 The process to be used in staffing n site where a vacancy is declared, and n fulltime equivalent position will be added to the site or the present level maintained, is as follows:

a. The Principal will develop and distribute a position description for the assignment among staff at the school,

b. The Principal will first ask for volunteers from the current staff

c. The Principal will determine whether unit members requesting a change in assignment, from within the school are qualified, using criteria set out in Section 9.8,

d. If no unit member at the site expresses an interest in the assignment, or no one is deemed qualified under Section 9.8, the vacancy shall be posted.

9.5 The District will give special consideration to present employees for vacant positions. Special consideration means that applicants who qualify according to the criteria in the posted notice, described in 9.3 above, will be interviewed before the position is advertised externally.

9.6 When no qualified applicant exists within the District, then and only then, may the District seek qualified applicants from outside the District.

Vacancies Occurring During Summer Recess

9.7

a. The seven (7) day posting period will not apply during the period between the close of the work year for classroom teachers and the 15th day of instruction of the ensuing school year. In situations where unit members have filed a Letter on Interest in Change of Assignment, the process described in Section b. below will be followed.

b. Unit Members interested in a change in assignment shall file a form so indicating with the Personnel Office. The form shall be titled, “Letter of Interest in Change of Assignment” and shall be available in the Personnel Office and site Principal’s office. In order to be considered for openings that may arise during the period between the close of the work year for classroom teachers and the 15th day of instruction of the ensuing school year, the unit member must file a Letter of Interest by the last day of the teacher work year.

c. Should an opening occur in a position in which the unit member has expressed an interest, the District will make a good faith effort to contact the employee or their designee(s) by phone to give the unit member notice. Once contacted, the unit member will have two business days to make a decision whether he/she still wishes to be considered.

Voluntary Transfer or Reassignment

9.8 Voluntary transfers or reassignments are those initiated by unit members. Should more than one unit member indicate an interest for a position, then the criteria set out below shall apply to determine who among the applicants will be selected:

a. Holds appropriate certification,

b. Meets the position requirements as prescribed by the administration in the posted notice described in 9.3 c: experience, grade level or subject area when required for the position,

c. Has the greatest seniority within the bargaining unit when there is more than one qualified candidate.

9.9 If the certificated employee requests that his/her application for transfer be kept confidential, the Principal at his/her school shall not be notified until after the transfer has been approved. A teacher requesting confidentiality shall be informed prior to the Principal being notified of the requested transfer. The teacher shall then have the option of withdrawing the request, and, in that case, the Principal shall not be notified.

9.10 If a unit member’s application for a voluntary transfer or reassignment is denied, upon request, the unit member shall be granted a meeting with the administrator who denied the request to discuss the reasons for his/her decision. Upon request, the unit member may ask the Superintendent to review the decision by the site administrator. The final decision regarding a transfer or reassignment of a unit member shall be made by the Principal.

Involuntary Transfer or Reassignment

9.11 Involuntary transfers or reassignments are those initiated by the District and shall not occur except when required to meet demonstrable educational needs of the District, which may include, but are not limited to, enrollment changes, program changes, school closures, changes in curriculum or course offerings, identifiable educational needs of the pupils, or vacancies caused by death, resignations, non-reelection, termination or retirements.

a. Prior to initiating an involuntary transfer or reassignment, the administrator shall identify in writing and distribute to his/her staff and potentially affected unit members the demonstrable educational needs which give rise to the transfer or reassignment.

b. A good faith effort will be made to meet those needs through the use of a volunteer(s).

c. The initiating administrator will submit his/her written rationale to the affected unit member upon request.

9.12 Involuntary transfers or reassignments shall not be made for disciplinary reasons or when the identified need can be met through the use of a unit member who volunteers.

Final Decision

9.13 The final decision regarding involuntary transfers and reassignments of unit members shall be made by the Principal in accordance with the provisions of this article and the following criteria:

a. Holds appropriate certification,

b. Meets the demonstrable educational needs as described by the initiating administrator pursuant to paragraph 9.11a,

c. Has the least seniority within the bargaining unit when there is more than one qualified candidate.

Procedures to Be Used When the Number of Full-time Equivalents at a School Site Will Be Reduced and the Assignment(s) Will Be Subsumed by Present Staff

9.14 The following steps will be used to staff a site under the above circumstances:

a. The Principal will develop and distribute a position description for the assignment among staff at the school;

b. The Principal will first ask for volunteers from current staff;

c. The Principal will determine whether unit members requesting a change in assignment from within the school are qualified, using criteria set out in Section 9.8;

d. If no unit member at the site expresses an interest in the assignment, or no one is deemed qualified under Section 9.8, the District shall exercise its right of involuntary reassignment under Section 9.11. Notifications and Released Time Allowances 9.15 Unless circumstances determine otherwise, a returning unit member will be notified not later than nine (9) weekdays, excluding holidays, before the first day of instruction, of an involuntary transfer or reassignment that will be effective the beginning of the school year. However, every effort will be made to give the unit member as much advance notice as possible. If nine (9) days of advance notification of a transfer or reassignment is not possible, the unit member shall be provided three (3) days of release time, or three (3) days of a substitute teacher’s daily rate of pay in lieu of the release time, or any combination thereof, not to exceed three (3) days release time or three (3) days substitute pay.

9.16 When transfers or reassignments are necessary to meet enrollment changes at the start of the school year, or for other reasons during the school year, affected unit members will be given at least three (3) days’ notice and three (3) days of release time or three (3) days of a substitute teacher’s daily rate of pay in lieu of release time or any combination thereof.