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ARTICLE 3: TRANSFERS

3.1       Definitions

 

3.1.1       A “transfer” refers to the movement of a unit member from a position in one (1) school or District program to a position in another school or District program, provided the transferred position is on the same salary schedule as the position from which the unit member is being transferred.

 

3.1.2       A “voluntary transfer” is a transfer initiated by a unit member.

 

3.1.3       An “administrative transfer” is a transfer initiated by the Board or its designated representative(s).

 

3.1.4       A “vacancy” is an unfilled unit position (either existing or newly created) which the District intends to fill.

 

3.1.5       “Seniority” is defined as the unit member’s initial date of service in the bargaining unit with the following provisions:

 

a.      Unit members with the same initial date of service shall have their seniority number determined by lot.

 

b.      The lottery shall be conducted by the Assistant Superintendent of Human Resources and two (2) unit members.  Once the lottery is used to determine a unit member’s seniority, that seniority shall remain in effect for the unit member while employed in the District.

 

c.      A unit member on an approved paid leave of absence shall continue to earn seniority while on such leave.

 

3.1.6      “First consideration” - in-district unit members will be guaranteed an interview prior to out-of-district applicants.

 

3.2       Vacancy

 

The site or program administrator where a vacancy occurs may make internal assignments/reassignments as deemed appropriate after posting the position for three (3) days and consulting with staff involved.

 

3.2.1       Prior to the last working day in June, the Assistant Superintendent of Human Resources will advertise all known vacancies.

 

3.2.2       All positions which become vacant during the “summer recess” or “off track periods” up to one (1) week prior to the beginning of the school session will be advertised.  All positions which become vacant during the “summer recess” or “off track periods” between one (1) week and two (2) weeks prior to the beginning of the school session will be advertised for three (3) days throughout the District.  Assignment changes resulting from vacancies during this two (2) week period will not be made unless an emergency situation exists or the welfare of students would so require.

 

3.2.3       In the event that a vacancy occurs during the school year, the Assistant Superintendent of Human Resources will have the option of advertising the vacancy or filling the position through an administrative transfer, pursuant to Section 3.5 below.  All vacancies filled through administrative transfers during the school year will be considered a “temporary” assignment.  Such positions will be reopened and advertised after the last school day in June for filling the next school year.  “Permanent” teachers who have been administratively transferred in accordance with this provision will have the right of first refusal for the assignment if the District intends to maintain the position for the following school year.

 

3.3       Recruitment and Selection

 

3.3.1       Vacancies will be advertised concurrently inside and outside the District for the same period of time.

 

3.3.2       All in-District applicants will be interviewed.  These applicants will be interviewed first as one (1) pool.  If a recommendation is made to fill the position from the in-District applicants, the process is complete.

 

3.3.3       Applicants from outside the District may interview as another pool.  After outside applicants are interviewed, all applicants from both pools will be considered for the position.

 

3.3.4       Advertisement flyers shall be specific as to subject matter and reflect as accurately as possible all known factors.

 

3.3.5       If the subject matter of the position changes prior to a recommendation, the position will be readvertised.

 

3.4       Voluntary Transfers

 

A unit member may request a voluntary transfer to take effect during the school year or at the beginning of the next school year.  In either event, the request shall be made on a “Request for Transfer” form and sent to the Assistant Superintendent of Human Resources.

 

3.4.1       Requests for transfer shall be made prior to the closing date of the position vacancy announcement.

 

3.4.2       Requests for voluntary transfers shall be considered on the following basis:

 

a.      Credentials/certificates required to perform services in the requested position;

 

b.      Major and minor fields of study;

 

c.      Experience;

 

d.      Demonstrated special skills;

 

e.      Past evaluations entered in the personnel file within forty-eight (48) months of the date of the transfer request;

 

f.       All other things being equal, employee’s length of service in the District shall be considered in making the final determination.  (See Article 3.1.5.)

 

3.4.3       Voluntary transfer applicants will be given first consideration when interviewing for District vacancies.  Teachers who have expressed an interest in transferring will have access to information about open positions from the information line, from the District web-site, and from flyers of open positions in their field.

 

3.4.4       The unit member shall be notified relative to his/her request for a transfer as soon as possible.

 

3.4.5       If a unit member’s request for a voluntary transfer is denied, the unit member shall be granted, upon request, a meeting with the administrator who denied the request to discuss the reason(s) for the denial.

 

3.5       Administrative Transfers

 

As determined by the administration, administrative transfers may be made in emergency situations or in instances where the welfare of students would so require.  The procedure for administrative transfers shall be as follows:

 

3.5.1       If, at any time, the District decides an administrative transfer needs to be made and it is known that more than one (1) position needs to be filled by administrative transfer, the unit member with the greatest District-wide seniority and required credentials shall be given the preference of the positions to be filled.

 

3.5.2       If a decrease in the number of students or the elimination of program(s) and/or funding occurs, the District shall seek voluntary transfer prior to making any administrative transfer.

 

3.5.3       If a particular school is to be closed, then unit members at that school shall be accorded first priority for filling any new or vacant positions in the District.

 

3.5.4       A unit member will not be transferred to a position outside his/her area of competence as defined by his/her credentials.

 

3.5.5       A unit member being administratively transferred shall be given the reasons for the impending transfer at least five (5) days prior to the transfer.  (A day refers to any day the District Office is open.)  The transfer becomes effective upon receipt of written notification to the unit member from the District Office administration.

 

3.5.6       An administrative transfer shall not result in the loss of compensation, seniority, or any fringe benefits to a unit member.

 

3.5.7       When an administrative transfer is contemplated, the District Office administration will consult with the unit member(s) to be transferred and the principals of the schools involved prior to the transfer being finalized.  Appeal may be made to the Superintendent before an administrative transfer becomes final.

 

3.5.8       In the event the unit member being voluntarily or administratively transferred during school time requests assistance in moving from one (1) school to the other, the principal of the school from which the person is being transferred will arrange for assistance in such moving and the unit member, upon request, would be entitled to a minimum of two (2) days and a maximum of three (3) days moving time in addition to the time provided in Article 3.5.5.

 

3.5.9       In the event the procedure for an administrative transfer becomes a matter of grievance, and the grievance is settled in favor of the unit member, he/she shall have the option of returning to the same position from which he/she was transferred.

 

3.5.10     Upon written Association request, the Assistant Superintendent of Human Resources will provide the Association with a list of any administrative transfers not previously provided to the Association for the current school year.

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