Common use of Involuntary Reassignments Clause in Contracts

Involuntary Reassignments. (Declining Enrollment) 12.5.1 When it is necessary to reduce a school’s staff due to loss of enrollment in a grade level, the teacher to be reassigned to another grade level will be the teacher at the grade level from which the reassignment will occur with the least years of service with the district (full-time equivalent), provided the credentials and certifications are appropriate. If the reassignment of the least senior teacher results in the unintended elimination of a middle school program for which there is no other appropriately credentialed staff member at that site, then the teacher with the next least years of service with the district will be reassigned. In the case of a job share, for purposes of reassignment, the job share pair shall be treated as one position using the seniority date of the least senior partner. In a situation of more than one teacher with the same years of service (full time equivalent) with the district, the seniority date (first date of paid service in a probationary position) will be used. 12.5.2 Due to loss of enrollment, an involuntarily reassigned elementary teacher has the right of first refusal if a new position for which they are appropriately credentialed becomes available at the site from which they were transferred prior to the first duty day of the next school year. 12.5.3 Due to loss of enrollment, an involuntarily reassigned middle school teacher has the right of first refusal only if a position from within their original department for which they are appropriately credentialed becomes available prior to the first duty day of the next school year. 12.5.4 A teacher who is to be involuntarily reassigned shall upon written request be given the specific reasons for the impending reassignment in writing within ten (10) business days of notification to the teacher who is being reassigned. The District shall specify the specific written policies, if any, and/or the education-related needs upon which the reassignment is based. 12.5.5 A teacher shall have the right to appeal the involuntary reassignment to the Superintendent or Designee within ten (10) business days, by providing written notification to the District of the appeal. In reference to the appeal, the teacher shall have the right to the assistance of any representation by an Association representative. The appeal process shall be documented and signed by both parties. 12.5.6 An involuntary reassignment shall not result in the loss of contracted salary, seniority, or any health, welfare, and retirement benefits to a teacher.

Involuntary Reassignments. (Declining Enrollment) 12.5.1 When it is necessary A. The Employer retains full discretion to reduce determine how a school’s staff due to loss of enrollment in a grade level, the teacher to be reassigned to another grade level vacancy will be filled or who should be assigned to a position based upon the teacher needs of the Agency and may, at the grade level from which the reassignment will occur with the least years of service with the district (full-time equivalent)its discretion, provided the credentials and certifications are appropriate. If direct the reassignment of an employee. The reassignment may be from one location to another or from one grade/course to another. B. Whenever employees are selected for involuntary reassignment, they will be provided as much advance notice as circumstances warrant. The written notice for involuntary reassignment will contain the least senior teacher results in following at a minimum: 1. reason(s) for the unintended elimination of reassignment; 2. why the unit employee was selected; 3. an opportunity for the individual to provide a middle school program for which there is no other appropriately credentialed staff member at that site, then the teacher with the next least years of service with the district will statement as to why he/she should not be reassigned. The statement should include any extenuating circumstances of a personal nature, which he/she feels, should be taken into consideration. C. Closing/Opening of Schools: In the case event the Agency closes a school and all the employees and contents of the school are relocated to a job sharenew school, at the discretion of the Agency, each unit employee making such a move may receive: 1. Up to one and one-half (1-1/2) workdays of release time from assigned duties for purposes packing his/her classroom. Additional release time may be granted at the discretion of reassignmentthe supervisor, if requested. 2. Up to two (2) workdays of release time from assigned duties to unpack and/or setup his/her classroom. Additional release time may be granted at the discretion of the supervisor, if requested. 3. If Management determines that the employee does not require the amount of time allotted to accomplish the packing/unpacking of his/her classroom, the job share pair employee will return to his/her normal duties or, if the move was accomplished during a recess period or non-duty day, the employee’s workday will conclude. D. Reassignment to a Different Classroom Management has determined that employees who are reassigned to a new classroom location shall receive: 1. Up to one and one-half (1-1/2) workdays of release time from assigned duties to accomplish the move. Additional release time may be treated as one position using granted at the seniority date discretion of the least senior partnersupervisor, if requested. 2. In a situation of more than one teacher with If Management determines that the same years of service (full employee does not require the allotted time equivalent) with to accomplish the districtmove, the seniority date (first date of paid service in a probationary position) employee will be used. 12.5.2 Due return to loss of enrollment, an involuntarily reassigned elementary teacher has the right of first refusal if a new position for which they are appropriately credentialed becomes available at the site from which they were transferred prior to the first duty day of the next school year. 12.5.3 Due to loss of enrollment, an involuntarily reassigned middle school teacher has the right of first refusal only if a position from within their original department for which they are appropriately credentialed becomes available prior to the first duty day of the next school year. 12.5.4 A teacher who is to be involuntarily reassigned shall upon written request be given the specific reasons for the impending reassignment in writing within ten (10) business days of notification to the teacher who is being reassigned. The District shall specify the specific written policieshis/her normal duties or, if any, and/or the educationmove was accomplished during a recess period or non-related needs upon which the reassignment is based. 12.5.5 A teacher shall have the right to appeal the involuntary reassignment to the Superintendent or Designee within ten (10) business days, by providing written notification to the District of the appeal. In reference to the appealduty day, the teacher shall have the right to the assistance of any representation by an Association representative. The appeal process shall be documented and signed by both partiesemployee’s workday will conclude. 12.5.6 An involuntary reassignment shall not result in the loss of contracted salary, seniority, or any health, welfare, and retirement benefits to a teacher.