11.1 Definition of Terms
11.1.1 A transfer is the movement of a certificated employee from his/her assigned school/site to a vacancy at another school/site within the District.
18.104.22.168 Voluntary transfer – Teacher initiated
22.214.171.124 Involuntary transfer – District initiated
11.1.2 A vacancy is defined as any promotional, newly created unit position or an existing unit position created by resignation, retirement, or transfer.
11.1.3 A reassignment is the movement of a unit member from one secondary subject area to another secondary subject area or one elementary grade level to another elementary grade level at the same work location.
11.2 Transfer/Reassignment Criteria
11.2.1 The District shall consider and determine the following in making transfers:
- Credential requirements
- Major/minor field of study
- The experience and recent training of the employee
- Satisfactory evaluations
- Years of service to the District
- Unique qualities necessary for a particular position
- Employee’s preference
11.2.2 All of the above being equal, the final determination shall be made by the Personnel administrator based upon seniority and program needs. If the final determination is not based on seniority, the affected employee will be given the program reasons in writing.
11.2.3 During the school year, if a vacancy occurs, it shall be posted. However, additional vacancies which occur as a result of filling the original vacancy shall not be posted.
11.3 Voluntary Transfers – Initiated at the request of an employee:
11.3.1 Annually, unit employees may submit a letter or form to the Personnel Office requesting a transfer through March 1. Requests will expire one week prior to the beginning of the student school year. Such requests will be acknowledged via district email within one week of receipt. Teachers who receive a surplus notification after March 1, may submit a voluntary transfer request at their earliest convenience.
11.3.2 A unit member may submit a request to the District for transfer when a vacancy posting exists during the school year.
11.3.3 If an employee requests that his/her application for transfer be kept confidential, he/she may first discuss the matter with the Assistant Superintendent, Human Resources, and the matter will be treated as confidentially as practicable.
11.3.4 If a member’s request for a transfer to a posted position is denied, upon request of the unit member, the Personnel administrator/designee shall meet and discuss reasons for denial.
11.3.5 A transfer request shall not be denied arbitrarily or without basis in fact.
11.3.6 A grant of up to $100 shall be provided for the purchase of new materials, as determined by the site administrator in consultation with the teacher.
11.3.7 When the following conditions have been met:
126.96.36.199 A teacher is in his/her third consecutive year of requesting a general (Elementary K-6 or Secondary 6-12) transfer, that is neither site nor grade level specific, and
188.8.131.52 There is at least one opening each year that matches his/her position and credentials and
184.108.40.206 The teacher has not yet been offered a transfer under the regular provisions stated in Article 11 above, and
220.127.116.11 The teacher is performing at a Level 2, or above, overall on the Summary Evaluation Form during the third year of making a transfer request.
18.104.22.168 Opportunities to transfer will be offered to that teacher to a position in the District that matches his/her credential(s) and position. Whether a transfer is accepted or not, a person may only qualify for this automatic transfer provision once every ten years.
11.4 Involuntary Transfers – Initiated by the District:
11.4.1 The involuntary transfer shall be based upon consideration of all the transfer criteria. (11.2.1 of this Article)
11.4.2 Circumstances which may result in involuntary transfers shall not be arbitrary or disciplinary in purpose and shall include:
- Declining or increasing enrollment
- Reduction of program(s)
- Initiation or expansion of program(s)
- Opening or closing of a school
11.4.3 Teachers involved in specific transfers shall be promptly notified as soon as the decision is made.
11.4.4 All employees receiving involuntary transfers after the beginning of school shall be given up to three days of preparation/in-service time. More time may be granted upon mutual agreement of the unit member and immediate supervisor. A one-time grant of up to $100 shall be provided for the purchase of new materials.
11.4.5 At least one (1) day prior to the August in-service teacher work days, the District will offer all secondary teachers who will be moved to the elementary level, or vice versa, a paid day of in-service to prepare for the move. Payment will be at the employee’s per diem rate.
11.4.6 When involuntary transfers occur in the summer, the District shall notify the employee by phone or in writing by certified mail as soon as possible or seven (7) calendar days in advance of the effective date of the transfer.
11.4.7 The employee shall be given an opportunity to discuss the transfer with the Assistant Superintendent, Human Resources or designee, and to submit a rebuttal in writing if desired.
11.4.8 The District shall actively seek volunteers prior to making any involuntary transfers. No vacancy shall be filled by means of an involuntary transfer if there is a qualified volunteer available to fill the vacancy. Qualifications will be determined by applying Section 11.2.1 of this contract. All criteria being equal, the least senior teacher shall be transferred.
11.4.9 If, in the judgment of the administration, extraordinary circumstances exist where by an employee needs to be transferred in order to provide for an opportunity to be evaluated in a different school location or assignment, or to provide for better staff relationships within the school or department, the administration may initiate the transfer proceedings. This will be done only after the employee has been informed of any documented deficiencies.
11.5.1 Reassignments may be made on a voluntary or involuntary basis.
11.5.2 When determining reassignments, the site administrator shall take into consideration the criteria in Section 11.2.1 of this Article. Reassignments may be made if the site administrator has reason to believe the unit member will be more successful at another grade level or in another subject area.
11.5.3 If the reassignment is involuntary, the site administrator shall, upon request, meet with the unit member and explain the reasons for the reassignment. The unit member shall have an opportunity to present reasons why the reassignment should not occur.
11.5.4 If requested, an additional meeting with the personnel administrator/designee shall be held to discuss reasons for the reassignment.
11.5.5 If the reassignment occurs after school begins, the unit member shall be given up to three days of preparation time and up to $100 to purchase new materials as determined by the site administrator in consultation with the teacher.
11.5.6 In May, teachers at each site shall be given an opportunity to inform their site administrator of any desire to be considered for change of grade level or subject area assignment. Such requests will be considered as vacancies occur.
11.6.1 During the school year:
22.214.171.124 Posting of vacancies – As soon as the District has determined a vacancy will be filled, the Personnel Department shall mail a vacancy notice to the Association and to each work site for posting on designated bulletin boards. Supplemental vacancy lists shall be posted as vacancies become known following March 15.
11.6.2 During the summer:
126.96.36.199 Vacancy notices will be e-mailed to the Association and posted at the District office and summer school sites up to August 15. Additional notices of vacancies occurring during the summer will be e-mailed to all certificated employees who submit a written request to the Assistant Superintendent, Human Resources.
11.6.3 All notices for vacancy shall include:
- Closing date for receipt of application which shall not be less than seven (7) calendar days after notices are distributed for posting;
- Site location(s);
- Grade level, subject and/or specialist area;
- Credential requirement
- Brief job description when appropriate; and
- Unique needs of the school site.
11.6.4 Hard to Fill Positions
188.8.131.52 Hard to fill positions shall be defined as positions which are frequently vacated and/or consistently draw a low number of qualified applicants. Currently, these positions include assignments which require credentials in the areas of: Math, Science, Special Education Mild/Moderate and Moderate/Severe, Spanish, Psychologist and Speech and Language Pathologist.
184.108.40.206 These vacancies shall not be subject to 11.6. Instead, these positions will be posted as pools as soon as it is determined that a vacancy may exist in these credential areas for the following school year.
11.7 Staffing a New School
11.7.1 The process will begin with posting of all probable positions.
11.7.2 Current employees will be allowed fifteen (15) days to file an application with the Personnel Department.
11.7.3 If, after reviewing the applications, the Personnel administrator/designee decides there are no qualified applicants, or not enough qualified applicants, in accordance with the criteria stated in Section 11.2 of this Article, the District may consider external applicants.
11.7.4 Teacher preferences for assignment, along with other criteria in Section 11.2.1 of this article, will be used in making final selections.
11.8 Transfer Related to Closing of a School
11.8.1 In the event of the closing of a school, unit members from the school being closed shall be transferred according to the criteria in Section 11.2 of this Article prior to the assignment of new hires.
11.8.2 Teachers affected by the closing of a school shall be notified of their assignment and work location for the coming year by August 1, if possible.
11.8.3 Prior to the end of a school year, teachers shall be notified of their tentative teaching assignments and work locations for the coming year.
11.9 Surplus Teachers
11.9.1 A surplus teacher has been defined as one who works in a school where the reduction of part-time or full-time equivalents has been planned for the following year. Surplussed teachers shall select from open positions.
11.9.2 The District shall actively seek volunteers once a surplus position is identified.
11.9.3 The following criteria will be used for determining surplus status:
- Credential requirements
- Major/minor field of study
- Years of service to the District
- Employee’s preference
11.9.4 Rights of surplus teachers include:
220.127.116.11 Immediate identification and notification of surplus status
18.104.22.168 Posting of all new and currently open positions
22.214.171.124 Two (2) or more surplus teachers desiring the same position will be assigned on a seniority basis.
126.96.36.199 Once a surplus teacher has been assigned to a new teaching site, that teacher will be exempt from being declared surplus for the following three (3) years. If a surplus teacher elects to accept a position at his or her original teaching site, that teacher will not be exempt from being declared surplus for the following three (3) years.