Common use of Involuntary Reassignment or Transfer Clause in Contracts

Involuntary Reassignment or Transfer. A. Procedural Overview of Involuntary Reassignment or Transfer Involuntary reassignments or transfers normally occur only when enrollment changes or special program needs cannot be met because of student enrollment/staff changes. These reassignments or transfers are District initiated. No employee will be involuntarily reassigned/transferred three (3) years in a row. Whenever possible, an involuntarily assigned employee should be placed in an equivalent position. B. In-Building Involuntary Reassignment 1. The principal or supervisor will first ask for qualified volunteers to be reassigned in-building. The reassignment need will be posted, emailed to staff, and announced at staff meetings allowing five (5) working days for volunteers to come forward. Whenever possible, such an involuntarily reassigned employee should be placed in an equivalent position. As an incentive it may be agreed that the employee who volunteers to be reassigned will be offered reinstatement to the prior position if it is recreated for the next school year. 2. If no one volunteers in-building, the principal or supervisor will involuntarily reassign the employee with the least seniority in the building whose endorsement(s) match the position into which the reassignment could occur. 3. Qualifications will be determined by the criteria stated in the job posting. 4. When special programs show a need for preservation at the site level, a site team (special program staff, WAE president, and building administrator) will be formed to oversee the process and selection with the Agreement in force. 5. The employee to be involuntarily reassigned will be given notice of the reassignment by the final student day of the school year unless it is caused by actual student enrollment/staff changes, in which case notice will occur as quickly as the situation arises within the five (5) working days timeline. C. In-District Involuntary Transfer 1. The District will first ask for qualified volunteers to be transferred. The transfer need will be posted in-building, emailed to all staff and communicated by other means when appropriate. The District will allow five (5) working days for volunteers to come forward. As an incentive it may be agreed that the employee who volunteers to be transferred will be offered reinstatement to his/her prior position if it is recreated for the next school year. 2. If no one volunteers, the District will involuntarily transfer the employee with the least seniority in the District whose endorsement(s) most match the position into which the transfer could occur. 3. When special programs show a need for preservation at the site level, a site team (special program staff, the WAE president, and building administrator) will be formed to oversee the exception process and selection with the Agreement in force. If qualifications are substantially equal, the least senior applicant will be given the position. 4. The employee to be involuntarily transferred will be given notice of the transfer by the final student day of the school year unless it is caused by actual student enrollment/staff changes, in which case notice will occur as quickly as the situation arises.

Involuntary Reassignment or Transfer. 20 A. Procedural Overview of Involuntary Reassignment or Transfer Transfer: Involuntary reassignments or 21 transfers normally occur only when enrollment changes or special program needs cannot be met 22 because of student enrollment/staff changes. These reassignments or transfers are District initiated. No employee will be involuntarily reassigned/transferred three (3) years in a row. 24 Whenever possible, an involuntarily assigned employee should be placed in an equivalent 25 position. 26 B. In-Building Involuntary Reassignment 27 1. The principal or supervisor will first ask for qualified volunteers to be reassigned in-building. The reassignment need will be posted, emailed to staff, and announced at staff in- 29 meetings allowing five (5) working days for volunteers to come forward. Whenever 30 possible, such an involuntarily reassigned employee should be placed in an equivalent 31 position. As an incentive it may be agreed that the employee who volunteers to be 32 reassigned will be offered reinstatement to the prior position if it is recreated for the next 33 school year. 34 2. If no one volunteers in-building, the principal or supervisor will involuntarily reassign the 35 employee with the least seniority in the building whose endorsement(s) match the 36 position into which the reassignment could occur. 37 3. Qualifications will be determined by the criteria stated in the job posting. 38 4. When special programs show a need for preservation at the site level, a site team (special 39 program staff, WAE president, and building administrator) will be formed to oversee the 40 process and selection with the Agreement in force. 41 5. The employee to be involuntarily reassigned will be given notice of the reassignment by 42 the final student day of the school year unless it is caused by actual student 43 enrollment/staff changes, in which case notice will occur as quickly as the situation arises 44 within the five (5) working days timeline. 1 C. In-District Involuntary Transfer 2 1. The District will first ask for qualified volunteers to be transferred. The transfer need will 3 be posted in-building, emailed to all staff and communicated by other means when 4 appropriate. The District will allow five (5) working days for volunteers to come forward. As an incentive it may be agreed that the employee who volunteers to be transferred will be offered reinstatement to his/her prior position if it is recreated for the next school year. 2. If no one volunteers, the District will involuntarily transfer the employee with the least seniority in the District whose endorsement(s) most match the position into which the transfer could occur. 3. When special programs show a need for preservation at the site level, a site team (special program staff, the WAE president, and building administrator) will be formed to oversee the exception process and selection with the Agreement in force. If qualifications are substantially equal, the least senior applicant will be given the position. 4. The employee to be involuntarily transferred will be given notice of the transfer by the final student day of the school year unless it is caused by actual student enrollment/staff changes, in which case notice will occur as quickly as the situation arises.

Involuntary Reassignment or Transfer. A. Procedural Overview 13.3.1 When the District/Site Administrator determines that an involuntary transfer or reassignment is necessary the involuntary transfer/reassignment may only be made for the following reasons: A decrease in the number of Involuntary Reassignment pupils at a school site which requires a decrease in staff Class size Elimination or Transfer Involuntary reassignments changes in programs and/or funding School closings or transfers normally occur only when enrollment changes or special program needs cannot be met because of student enrollment/staff changes. These reassignments or transfers are District initiated. openings‌ Ineffective performance in current assignment A critical, unfillable vacancy‌ English Language Learner Certification Highly Qualified Teacher (HQT) Certification‌ 13.3.2 No employee vacancy will be involuntarily reassigned/transferred three (3) years filled by means of an involuntary reassignment or transfer if, in the judgment of the Site Administrator, there is a row. Whenever possiblequalified volunteer, an involuntarily assigned employee should be placed as set forth in an equivalent positionSection 13.2.3 above. B. In-Building Involuntary Reassignment 1. The principal 13.3.3 When the Site Administrator determines that an involuntary reassignment is appropriate, a teacher’s area of competence, major or supervisor minor field of study, previous assignments, as well as the requirements of the position, will first ask for qualified volunteers be considered in determining which teacher is to be reassigned in-buildingor transferred. The reassignment need will be posted, emailed In addition to staff, and announced at staff meetings allowing five (5) working days for volunteers to come forward. Whenever possiblethe above, such reassignment or transfer shall be undertaken only to meet the needs of the students of the Menifee Union School District, as perceived by the Site Administrator. 13.3.4 When the lack of a qualified volunteer necessitates an involuntarily reassigned employee should be placed involuntary transfer, the Site Administrator shall utilize the criteria set forth in an equivalent position. As an incentive it may be agreed that the employee who volunteers Section 13.2.3 above to determine which teacher is to be reassigned or transferred. 13.3.5 An involuntary reassignment or transfer will be offered reinstatement to made only after a meeting between the prior position if it is recreated teacher involved and the Site Administrator, at which time the teacher will be notified in writing of the reason for the next school yearreassignment or transfer. The teacher has the option to have a representative of the Menifee Teachers’ Association present at such a meeting. 213.3.6 Unit members shall receive notification of an involuntary reassignment by May 1. If no one volunteers in-buildingan involuntary reassignment is necessary after that date, the principal or supervisor will involuntarily reassign the employee with the least seniority in the building whose endorsement(s) match the position into which the reassignment could occur. 3. Qualifications will be determined by the criteria stated in the job posting. 4. When special programs show a need for preservation at the site level, a site team (special program staff, WAE president, and building administrator) will be formed to oversee the process and selection with the Agreement in force. 5. The employee to be involuntarily reassigned will be given notice of the reassignment by the final student day of the school year unless it is caused by actual student enrollment/staff changes, in which case notice will occur as quickly as the situation arises within the five (5) working days timeline. C. In-District Involuntary Transfer 1. The District will first ask for qualified volunteers to be transferred. The transfer need will be posted in-building, emailed to all staff and communicated by other means when appropriate. The District will allow five (5) working days for volunteers to come forward. As an incentive it considerations may be agreed that made to accommodate the employee who volunteers to be transferred will be offered reinstatement to his/her prior position if it is recreated for the next school yearmember’s schedule. 2. If no one volunteers, the District will involuntarily transfer the employee with the least seniority in the District whose endorsement(s) most match the position into which the transfer could occur. 3. When special programs show a need for preservation at the site level, a site team (special program staff, the WAE president, and building administrator) will be formed to oversee the exception process and selection with the Agreement in force. If qualifications are substantially equal, the least senior applicant will be given the position. 4. The employee to be involuntarily transferred will be given notice of the transfer by the final student day of the school year unless it is caused by actual student enrollment/staff changes, in which case notice will occur as quickly as the situation arises.

Involuntary Reassignment or Transfer. A. Procedural Overview 13.3.1 When the District/Site Administrator determines that an involuntary transfer or reassignment is necessary the involuntary transfer/reassignment may be made for the following reasons: A decrease in the number of Involuntary Reassignment pupils at a school site that requires a decrease in staff Class size Elimination or Transfer Involuntary reassignments changes in programs and/or funding School closings or transfers normally occur only when enrollment changes openings Ineffective performance in current assignment A critical, unfillable vacancy Credential or special program needs cannot be met because Certification requirements of student enrollment/staff changes. These reassignments or transfers are District initiated. the position 13.3.2 No employee vacancy will be involuntarily reassigned/transferred three (3) years filled by means of an involuntary reassignment or transfer if, in the judgment of the Site Administrator, there is a row. Whenever possiblequalified volunteer, an involuntarily assigned employee should be placed as set forth in an equivalent positionSection 13.2.2 above. B. In13.3.3 When the Site Administrator determines that an involuntary reassignment or transfer is appropriate, the following non-Building Involuntary Reassignmentprioritized criteria will be applied when determining the unit member(s) who will be subject to the reassignment or transfer: A unit member's area of competence A unit member's major or minor field of study A unit member's current and previous assignments The requirements of the position In addition to the above, such reassignment or transfer shall be undertaken only to meet the needs of the students of the Menifee Union School District, as perceived by the Site Administrator. 1. The principal or supervisor will first ask for 13.3.4 When the lack of a qualified volunteers volunteer necessitates an involuntary transfer, the Site Administrator shall utilize the criteria set forth in Section 13.3.3 above to determine which unit member is to be reassigned in-buildingor transferred. 13.3.5 An involuntary reassignment or transfer will be made only after a meeting between the unit member involved and the Site Administrator, at which time the unit member will be notified in writing of the following: The reason for the reassignment or transfer The effective date of the new assignment or transfer The new assignment (including grade level, subject(s), and school site) Any unit member transferred involuntarily due to staff reductions or filling a critical/unfillable vacancy shall be afforded first option to the previous assignment over other interested applicants if the previous assignment becomes available the following year provided the resulting vacancy can be filled internally. Under these circumstances, the criteria set forth in section 13.3.1 shall not apply. 13.3.6 Should the District determine a unit member’s behavior has created a personal conflict with another unit member resulting in an environment that is hostile, threatening, discriminatory, and/or disruptive to a unit member’s duties, the Superintendent, or designee, shall meet with the Association President, or designee, to outline their reasons for the proposed transfer. 13.3.7 Prior to the involuntary transfer under Article 13.3.6, the Superintendent, or designee, and the Association President, or designee, shall attempt to informally solve the conflict. Should the conflict be unresolved, the unit member may be involuntarily transferred. The reassignment need District shall be limited to two (2) involuntary transfers each school year arising from Article 13.3.6, unless the Superintendent, or designee and the Association President, or designee agree to additional involuntary transfers. 13.3.8 A unit member for whom Article 13.3.6 is applied shall be moved to an opening or vacancy. If more than one opening or vacancy is available, the unit member may indicate opening/vacancy preference. The District shall determine the opening/vacancy where the unit member will be postedassigned. In the event that no opening/vacancy exists, emailed to staff, and announced at staff meetings allowing five (5) working days for volunteers to come forward. Whenever possible, such the District shall place the unit member as a teacher on assignment performing substitute duties until an involuntarily reassigned employee should be placed in an equivalent position. As an incentive it may be agreed that the employee who volunteers to be reassigned will be offered reinstatement to the prior position if it is recreated for the next school yearappropriate opening/vacancy exists. 2. If no one volunteers in-building, the principal or supervisor will involuntarily reassign the employee with the least seniority in the building whose endorsement(s) match the position into which the reassignment could occur. 3. Qualifications will be determined by the criteria stated in the job posting. 4. When special programs show a need for preservation at the site level, a site team (special program staff, WAE president, and building administrator) will be formed to oversee the process and selection with the Agreement in force. 5. The employee 13.3.9 Unit members who are to be involuntarily reassigned will shall receive notification of the involuntary reassignment by June 1. If an involuntary reassignment is necessary after that date, the Site Administrator shall communicate with the affected unit member and the Association President prior to the time at which the reassignment is to take place. Unit members who are reassigned at any time, including the summer months, shall be given notice of the reassignment by the final student day of the school year unless it is caused by actual student enrollment/staff changes, in which case notice will occur as quickly as the situation arises within the five two (52) working release days timeline. C. In-District Involuntary Transfer 1. The District will first ask for qualified volunteers moving and preparation to be taken at a time when the Site Administrator is present. In lieu of release time, a transferred. The transfer need will be posted in-building/reassigned unit member may, emailed to all staff and communicated by other means when appropriate. The District will allow five (5) working days for volunteers to come forward. As an incentive it may be agreed that the employee who volunteers to be transferred will be offered reinstatement to at his/her prior position if it is recreated option, choose to prepare his/her room during non-duty time and be compensated for the next school year. 2. If no one volunteers, the District will involuntarily transfer the employee with the least seniority in the District whose endorsement(s) most match the position into which the transfer could occur. 3. When special programs show a need for preservation at the site level, a site team (special program staff, the WAE president, and building administrator) will be formed to oversee the exception process and selection with the Agreement in force. If qualifications are substantially equal, the least senior applicant will be given the position. 4. The employee to be involuntarily transferred will be given notice of the transfer by the final student day of the school year unless it is caused by actual student enrollment/staff changes, in which case notice will occur as quickly as the situation arises.two