12: Transfer Policy

ARTICLE 12: TRANSFER POLICY

Section 12.1 - Definition. A transfer is the relocation of a unit member from one work location/site to another in the District exclusive of transfers within programs with multiple work sites. In addition, a transfer is the change of a unit member’s track assignment who is working in the year-round school program. Transfers are either administrative or initiated by the unit member.

Section 12.2 - Assignments. Specific grade or class assignments within a school or in programs with multiple work sites, are made by the principal. Re-assignments are the change of a grade or class assignment, for over one-half of the instructional day, at the same site and in programs with multiple work sites. Neither assignments or re-assignments are subject to the transfer policy, except as noted in 12.14 and 12.15 of this Article. The District shall make every reasonable effort to restrict the number of re-assignments. All re-assignments shall be approved by the Assistant Superintendent of Human Resources

Section 12.3 - Requests for Transfer. Unit members may apply for a position whenever an opening is posted. Unit members who wish to have their names published on an annual transfer list must submit a written request on the District form no later than March 15. Upon request, the unit member shall receive a date stamped copy of his/her application for transfer.

Section 12.4 - Posting of Positions. The District shall have the responsibility to determine when and where there is a vacancy. When a vacancy has been determined to exist, the District will post the position, subject to the following:

a. Vacancy is defined as any new or existing position represented by the Association in a school or location which the District has determined is to be filled by a regular probationary or permanent employee rather than a substitute.

b. Vacancies shall be posted when they become known to the Assistant Superintendent, Human Resources.

c. All vacancies for positions represented by the Association shall be date stamped and posted no later than seven (7) days before the vacancy is filled. A posting is defined as the date the position is placed on the Job Opportunities Board at the District Office. The Association president shall receive a copy of all postings. Said postings shall be sent to all schools and locations in the District for posting. Days under this subsection shall mean days when the District office is open.

Section 12.5 - Unit Member Initiated Transfer. The unit member shall be considered qualified for a posted vacancy if:

a. The unit member possesses an appropriate and valid credential for the position posted.

b. Qualified transfer applicants shall be given the opportunity to be interviewed for vacant positions prior to the District hiring outside applicants.

c. In the event the unit member does not appear for the interview, he/she automatically removes himself/herself from consideration for that vacant position. A written statement of the decision concerning the unit member’s request for transfer along with the reasons for that decision shall be forwarded to the unit member, if said unit member requests in writing that the reasons be given.

Section 12.6 - Conference. If the decision is unsatisfactory to the unit member, a conference with the administrator who conducted the interview shall be held.

Section 12.7 - Withdrawal. The request for transfer may be withdrawn at any time prior to official confirmation that the transfer has been effected. A transfer has been effected at the time the receiving site or location administrator, the applicant, and the District have concurred upon the transfer.

Section 12.8 - Administrative Transfers.

a. No unit member shall have his/her compensation negatively impacted due to an administrative transfer if that transfer is effected after the end of the first attendance month of school. The unit member shall be entitled to the added compensation only for the balance of that school year in which the administrative transfer was made.

b. The following are reasons for administrative transfers:

1. Fluctuations of school enrollment, normally transfers between affected schools or tracks.

2. Opening or closing of schools.

3. Elimination or reduction of classes in special areas or programs, to include Year-Round Education, which may revert to traditional school programs.

4. Certification adjustments.

5. Requirements of a special project including financial balance (comparability).

6. Irreconcilable differences between unit members and/or the administration for just cause. The affected unit member may request a hearing, prior to the transfer, before the Superintendent with a representative of the Association in attendance. The Superintendent shall render an immediate decision. The decision may be implemented immediately. No one other than the affected unit member will be transferred or be reassigned as a result of the implementation of this provision.

Section 12.9 - Selection. In an administrative initiated transfer of unit members, the following selection system shall be used in the order shown:

a. Those unit members volunteering for an administrative initiated transfer.

b. A unit member not previously administratively transferred, with the most recent initial date of certificated employment with the District.

1. Unit members with the same initial date of employment shall be selected by lot.

2. A unit member with the most recent initial date of certificated employment with the District who has been previously transferred.

c. A unit member with the most recent initial date of certificated employment with the District.

1. Unit members with the same initial date of employment shall be selected by lot.

Section 12.10 - Qualifications. The unit member shall be considered qualified to be administratively transferred if the unit member possesses an appropriate and valid credential.

Section 12.11 - Comparability Requirements. When problems arise in the area of Comparability requirements, the District will follow this Transfer Policy as closely as possible, and shall make transfers that involve the least number of unit members; but the District does retain the right to make those transfers that are necessary to insure compliance.

Section 12.12 - Frequency. A unit member may be administratively transferred no more than once every three years.

Section 12.13 - Legal Compliance. In situations arising involving a violation of civil or criminal law, the District retains the responsibility to transfer such employees as is deemed to be in the best interest of the School District and those students who may be involved.

Section 12.14 - Notice. In all cases, notice shall be given in writing and shall contain the reason for the transfer or reassignment and the exact assignment. Notice of transfer or reassignment shall be given to the unit member in writing, either personally, or, if this is not possible, by postal mail. After the start of school, at least three (3) working days notice shall be given to unit members for reassignments and ten (10) working days for transfers.

Section 12.15 - Assistance. When there is a transfer from one school or work site to another, or a reassignment at the same school at a different grade level or subject area, the District shall authorize, after the initial (3) three or (10) ten working days notice, two school days substitute time, if requested, for the unit member to move materials and prepare for the new assignment. The District shall also furnish reasonable assistance in the transfer of personal teaching materials and equipment from one location to another. If a transfer or a reassignment is made during the summer recess, the unit member may request assistance in moving teacher materials and equipment to the new location and no substitute time will be provided.

Section 12.16 - Year-Round Education Transfer Policy.

a. The District shall make every reasonable effort to have participation in the YRE voluntary on the part of unit members.

b. Unit members presently assigned to schools designated as YRE sites shall have the first opportunity to remain at those sites before transfers from other sites are approved.

c. YRE transfer requests shall be done in accordance with the provisions of this Article, except as provided below:

1. The District shall make every reasonable effort to transfer those unit members who do not wish to work in schools designated as YRE sites. Such unit members shall be given the first opportunity to transfer to vacancies in traditional school program sites. In any event, such unit members shall be interviewed for at least one of their position choices if they so request in writing to the Human Resources Office.

2. The District shall make every reasonable effort to make transfers from YRE, prior to consideration of other transfer requests or the hiring of outside applicants.

d. Within ten (10) workdays after the Board of Education designates that a particular school shall become a YRE site, a unit member who wishes to leave must notify in writing the Assistant Superintendent, Human Resources of the unit member’s intention. The District shall post a list of all openings at traditional school sites.

e. Within fifteen (15) workdays after the District announces that a particular school has been designated as a YRE site, the District shall post at all school sites any available openings at YRE sites. Unit members interested in being transferred to a particular opening shall notify the Human Resources Office in writing within ten (10) workdays from the date of posting.

f. The District shall implement Section 12.16 for any unit member involuntarily transferred into or out of a YRE school site.

g. The District will make every reasonable effort to avoid reassigning a unit member to a different track or involuntarily transferring a unit member after the beginning of the track to which the unit member is assigned.

h. Voluntary and involuntary transfers shall be made according to vacancies at a school site and shall not affect any other unit member. The District shall give written notification to the Association, during summer recess, intersession or off-track assignment, or period of leave, of any posting, which may arise during summer recess, intersession, or off-track assignments.