Common use of District Initiated Transfer Clause in Contracts

District Initiated Transfer. 37.1 In the event that the District considers a transfer from one school to another for an employee for the ensuing school term due to a change in program, student enrollment, or school staff needs, the employee shall be notified in writing at least thirty (30) days prior to the proposed transfer, provided that this thirty (30) day notice may be waived following consultation with the Association and the employee. 37.2 The employee shall have the right to meet with his/her immediate supervisor regarding the proposed transfer. 37.3 No transfer as defined above shall be made without the consent of the employee except to prevent undue disruptions of the instructional program, in cases of emergency, change in staff requirement due to student distribution, or program changes. 37.4 Any employee accepting the position of an employee on leave shall be reassigned, provided the returning employee returns to his/her original position. 37.5 No employee shall be involuntarily transferred to an area within which the employee is not qualified by training, education, experience or certification requirements. 37.6 No employee shall be subject to an involuntary transfer more than two (2) times within any five (5) year period of time, except in extenuating circumstances such as situations where a specific program is moving to a new location, FTE is being deleted or reduced in an area where an employee’s certification is limited such as vocational education, the employee has a partial FTE or works a partial FTE in more than one building, one of which is gaining or losing FTE, etc. 37.7 Beginning teachers in their first two years of teaching shall not be subject to transfer. 37.8 When the need for an involuntary transfer exists, the following procedure will be followed: A. The appropriate administrator will first inform the total certificated staff or staff affected by the transfer within the school of the need for transfer and the reason for the need. The administrator will then call for volunteers for transfer. B. If there is more than one volunteer, the volunteering employees will be evaluated according to teaching experience, certification, endorsements and No Child Left Behind (NCLB) highly qualified requirements. It is understood a transfer will be denied if an employee has received or will receive an unsatisfactory on the evaluation in the year the transfer would be considered or if the employee were disciplined for a serious matter. In the event the highly qualified requirements of NCLB are modified, the reference to NCLB in this section shall be reopened for negotiations. The employee with the most years of experience in the District whose transfer will resolve the school’s excess staffing will have the first right of refusal for the transfer. C. In the event that no certificated employee volunteers or that the volunteer lacks qualifications for the position as defined in 37.8.B, or the volunteer would not resolve the school’s excess staffing, the administrator responsible will select the individual with the fewest years of experience in the District to be transferred, except where 37.6 and 37.7 apply. This employee shall be displaced unless his or her displacement would not resolve the school’s excess staffing or the employee lacks qualifications for the transfer as defined in 37.8.B, in which case the administrator will move up the seniority list examining endorsements and determining what reassignments within the school may be necessary in order to find the individual with the least district seniority whose displacement will resolve the school’s excess staffing. 37.9 An employee who is involuntarily transferred out of a school will be given first right to return for one (1) year to the school from which the employee was transferred, if the FTE is not greater than the FTE held by the employee. This right to return precedes the process described in 37.12. After a displaced employee has accepted a new position, but before the first student day of the new school year, if a position for which the employee is qualified becomes available in the school from which they were displaced, the employee shall be offered the position. If more than one employee from the school is eligible to return, it shall be offered in seniority order. 37.10 Administrators shall provide appropriate support and training for employees who are involuntarily transferred in order to ensure their success in their new position. 37.11 Employees who are being transferred under this Article from one school to another will be provided with one day of per diem pay to move out of the school and one day of pay to set up their classroom at the school in which they are being transferred. An employee required to move from one classroom to another within the building will be provided with one day to move out of the existing classroom and one day to set up the new classroom. An additional day or days may be granted by the District after evaluating the employee’s request for extenuating circumstances. The District shall provide boxes and movers. 37.12 The District shall identify all displaced employees (employees who have been identified for involuntary transfer) no later than the last work day of the second full week in May. However, if enrollment changes necessitate a later displacement prior to October 1, notification will be made at least five work days prior to the transfer. Vacancies shall be filled by these employees prior to other applicants, except for vacancies for which there is not a qualified displaced employee. By no later than the end of the third full week of May, the District shall identify and provide a list of all known certificated vacancies and program movements to the Association. A. Employees whose program (Dual Language, Pace, Special Ed., etc.) in its entirety is moving to another site shall move to that site with the program. B. Specialist staff consisting of PE, Music, Librarians, Special Education, Counselors, and Reading Specialists shall be reassigned to vacancies within their specialties. No later than the beginning of the fourth full week in May, the District shall provide a list of vacancies in each specialty area to the most senior displaced employee in each specialty area, who shall select a position from the list. The list shall then be provided to the next most senior displaced employee to select from the remaining vacancies in the same manner, and so on until all displaced specialist staff have had an opportunity to select, provided there are sufficient vacancies. Employees shall each have 3 days to select from the offered list, unless there is only one position listed, which shall be assigned to the employee. C. Staff other than those described in 37.12. A and B shall be reassigned as follows: No later than the beginning of the fourth full week in May, the District shall provide a list of known vacancies to the most senior displaced employee (other than those in A or B above), who shall select from among the vacancies, provided he or she is qualified on the basis of his or her teaching experience, certification, endorsements and No Child Left Behind highly qualified requirements. The list shall then be provided to the next most senior displaced employee to select from among the remaining vacancies, and so on until all displaced employees have had an opportunity to select, provided there are sufficient vacancies. Employees shall have 3 days to select from the offered list, unless there is only one position listed for which they are qualified, which shall be assigned to the employee. D. All employees shall be assigned and moved no later than August 15 for the coming school year, unless there is not a position for which they are qualified, or unless the vacancy to which they are transferring arose after August 1, in which case the move shall be made as expeditiously as possible. In the event the highly qualified requirements of NCLB are modified, the reference to NCLB in this section shall be reopened for negotiations. E. The District shall ensure that a projector and a document camera are available in the employee’s new classroom. The employee may request an interactive whiteboard for the new classroom. Approval is subject to availability of existing interactive whiteboards or availability of Technology funding for this specific purpose. 37.13 If there are ties in District seniority, seniority order amongst those with such a tie shall be determined by the order of Washington State certificated years of experience in school districts, OSPI, and Educational Service Districts. If there are ties remaining, the earliest date of the District’s letter offering certificated employment shall determine seniority order. 37.14 In the event it is necessary to offer displaced employee’s partial FTE assignments in more than one school, the District may combine schools based on scheduling and proximity needs in order to create a complete assignment.

District Initiated Transfer. 37.1 32.1 In the event that the District considers a transfer from one school to another for an employee for the ensuing school term due to a change in program, student enrollment, or school staff needs, the employee shall be notified in writing at least thirty (30) days prior to the proposed transfer, provided that this thirty (30) day notice may be waived following consultation with the Association and the employee. 37.2 32.2 The employee shall have the right to meet with his/her their immediate supervisor regarding the proposed transfer. 37.3 32.3 No transfer as defined above shall be made without the consent of the employee except to prevent undue disruptions of the instructional program, in cases of emergency, change in staff requirement due to student distribution, or program changes. 37.4 32.4 Any employee accepting the position of an employee on leave shall be reassigned, provided the returning employee returns to his/her their original position. 37.5 32.5 No employee shall be involuntarily transferred to an area within which the employee is not qualified by training, education, experience or certification requirements. 37.6 32.6 No employee shall be subject to an involuntary transfer more than two (2) times within any five (5) year period of time, except in extenuating circumstances such as situations where a specific program is moving to a new location, FTE is being deleted or reduced in an area where an employee’s certification is limited such as vocational education, the employee has a partial FTE or works a partial FTE in more than one building, one of which is gaining or losing FTE, etc. 37.7 32.7 Beginning teachers in their first two years of teaching shall not be subject to transfer. 37.8 32.8 When the need for an involuntary transfer exists, the following procedure will be followed: A. The appropriate administrator will first inform the total certificated staff or staff affected by the transfer within the school of the need for transfer and the reason for the need. The administrator will then call for volunteers for transfer. B. If there is more than one volunteer, the volunteering employees will be evaluated according to teaching experience, certification, endorsements and No Child Left Behind (NCLB) highly qualified requirementsendorsements. It is understood a transfer will be denied if an employee has received or will receive an unsatisfactory on the evaluation in the year the transfer would be considered or if the employee were disciplined for a serious matter. In the event the highly qualified requirements of NCLB are modified, the reference to NCLB in this section shall be reopened for negotiations. The employee with the most years of experience in the District whose transfer will resolve the school’s excess staffing will have the first right of refusal for the transfer. C. In the event that no certificated employee volunteers or that the volunteer lacks qualifications for the position as defined in 37.8.B, or the volunteer would not resolve the school’s excess staffing, the administrator responsible will select the individual with the fewest years of experience in the District to be transferred, except where 37.6 and 37.7 apply. This employee shall be displaced unless his or her their displacement would not resolve the school’s excess staffing or the employee lacks qualifications for the transfer as defined in 37.8.B, in which case the administrator will move up the seniority list examining endorsements and determining what reassignments within the school may be necessary in order to find the individual with the least district seniority whose displacement will resolve the school’s excess staffing. 37.9 32.9 An employee who is involuntarily transferred out of a school will be given first right to return for one (1) year to the school from which the employee was transferred, if the FTE is not greater than the FTE held by the employee. This right to return precedes the process described in 37.12. After a displaced employee has accepted a new position, but before the first student day of the new school year, if a position for which the employee is qualified becomes available in the school from which they were displaced, the employee shall be offered the position. If more than one employee from the school is eligible to return, it shall be offered in seniority order. 37.10 32.10 Administrators shall provide appropriate support and training for employees who are involuntarily transferred in order to ensure their success in their new position. 37.11 32.11 Employees who are being transferred under this Article from one school to another will be provided with one day of per diem pay to move out of the school and one day of pay to set up their classroom at the school in which they are being transferred. An employee required to move from one classroom to another within the building will be provided with one day to move out of the existing classroom and one day to set up the new classroom. An additional day or days may be granted by the District after evaluating the employee’s request for extenuating circumstances. The District shall provide boxes and movers. 37.12 32.12 The District shall identify all displaced employees (employees who have been identified for involuntary transfer) no later than the last work day of the second full week in May. However, if enrollment changes necessitate a later displacement prior to October 1, notification will be made at least five work days prior to the transfer. Vacancies shall be filled by these employees prior to other applicants, except for vacancies for which there is not a qualified displaced employee. By no later than the end of the third full week of May, the District shall identify and provide a list of all known certificated vacancies and program movements to the Association. A. Employees whose program (Dual Language, Pace, Special Ed., etc.) in its entirety is moving to another site shall move to that site with the program. B. Specialist staff consisting of PE, Music, Librarians, Special Education, Counselors, and Reading Specialists shall be reassigned to vacancies within their specialties. No later than the beginning of the fourth full week in May, the District shall provide a list of vacancies in each specialty area to the most senior displaced employee in each specialty area, who shall select a position from the list. The list shall then be provided to the next most senior displaced employee to select from the remaining vacancies in the same manner, and so on until all displaced specialist staff have had an opportunity to select, provided there are sufficient vacancies. Employees shall each have 3 days to select from the offered list, unless there is only one position listed, which shall be assigned to the employee. C. Staff other than those described in 37.12. A and B shall be reassigned as follows: No later than the beginning of the fourth full week in May, the District shall provide a list of known vacancies to the most senior displaced employee (other than those in A or B above), who shall select from among the vacancies, provided he or she is they are qualified on the basis of his or her their teaching experience, certification, endorsements and No Child Left Behind highly qualified requirements. The list shall then be provided to the next most senior displaced employee to select from among the remaining vacancies, and so on until all displaced employees have had an opportunity to select, provided there are sufficient vacancies. Employees shall have 3 days to select from the offered list, unless there is only one position listed for which they are qualified, which shall be assigned to the employee. D. All employees shall be assigned and moved no later than August 15 for the coming school year, unless there is not a position for which they are qualified, or unless the vacancy to which they are transferring arose after August 1, in which case the move shall be made as expeditiously as possible. In the event the highly qualified requirements of NCLB are modified, the reference to NCLB in this section shall be reopened for negotiations. E. The District shall ensure that a projector and a document camera are available in the employee’s new classroom. The employee may request an interactive whiteboard for the new classroom. Approval is subject to availability of existing interactive whiteboards or availability of Technology funding for this specific purpose. 37.13 32.13 If there are ties in District seniority, seniority order amongst those with such a tie shall be determined by the order of Washington State certificated years of experience in school districts, OSPI, and Educational Service Districts. If there are ties remaining, the earliest date of the District’s letter offering certificated employment shall determine seniority order. 37.14 32.14 In the event it is necessary to offer displaced employee’s partial FTE assignments in more than one school, the District may combine schools based on scheduling and proximity needs in order to create a complete assignment.