Involuntary Transfer Procedure. The decision to transfer shall be made in accordance with the needs of the school district. The needs of the district, as determined by the Superintendent, shall be the most substantial determiner of the transfer; however, the employees' credentials shall also be considered in the transfer decision. This change shall be made known to the teacher, in writing, as soon as possible and at least fourteen (14) days prior to the opening of school for the next school year unless mutually agreed by the teacher and administration. However, for increased enrollment situations, the fourteen (14) day notice shall be waived.
Involuntary Transfer Procedure. 071 Notice of Intent to Implement Involuntary Transfer
Involuntary Transfer Procedure. Normally, the procedure for processing involuntary transfers, excluding transfers for unsatisfactory work, shall be the following:
Involuntary Transfer Procedure. Although the Board and the SEA recognize that some transfers of unit members from one school to another are unavoidable, they also recognize that frequent transfers of unit members are disruptive to the educational process and interfere with optimum unit member performance. Therefore, they agree as follows:
(1) Refer to Board Policy 4114 regarding pre-tenure unit member transfers.
(2) When a reduction in the number of unit members in a school is necessary, volunteers shall be transferred first. The Superintendent may choose not to grant requests for voluntary transfer for any teachers in the Assistance Stage of the evaluation process.
(3) When involuntary transfers are necessary, length of service in the school system (followed by grade level seniority) shall be a major factor in determining which unit member is to be transferred. Unit members being involuntarily transferred will be transferred only to a comparable position, and effort will be made to place the unit member in a comparable program. An involuntary transfer shall be made only after a meeting between the unit member involved and the Superintendent or his designee, at which time the unit member shall be notified, in writing, of the reason for the transfer. If the unit member so requests, an SEA representative may be present at this meeting.
(4) A list of current open positions in other schools shall be made available to all unit members being involuntarily transferred and all things being equal, preference shall be given in filling such positions on the basis of length of service in the Stamford School System.
(5) Notice of transfer shall be given to unit members as soon as practicable and under normal circumstances no later than June 1st.
(6) Exceptions to the provisions of Sections 1, 2, 3, 4 and/or 5 above may be made only if the Superintendent of Schools determines that it is necessary to do so in the best interests of the unit member(s) and/or school(s) affected. The Superintendent’s decision shall be final.
Involuntary Transfer Procedure. A. If no Unit Member requests or is transferred to the posted vacant position, the Superintendent may transfer an Unit Member to the vacant position.
B. No Unit Member shall be involuntarily transferred in an arbitrary manner or for disciplinary reason(s).
Involuntary Transfer Procedure. The District and the Association recognize that from time to time, involuntary transfers become necessary. It is agreed, that under normal circumstances, involuntary transfers should be held to a minimum. Involuntary transfer, as it relates to this policy, shall mean a District initiated transfer from one school to another that becomes necessary due to enrollment decline or program change.
Involuntary Transfer Procedure. 1. An involuntary transfer is a transfer initiated by the administration without the involved unit member's approval, which results in the movement of that unit member from one (1) work site to another while remaining in the same classification.
2. Involuntary transfers may be made at any time during the year providing that the voluntary transfer procedure has been exhausted.
3. When the voluntary transfer procedure has been exhausted and none of the unit members who are eligible respond affirmatively and an involuntary transfer is necessary, the district shall consider the following criteria:
a. Qualifications and experience lateral
b. All required criteria being equal, least district seniority
c. Copies of all correspondence to unit members affected regarding involuntary transfers shall be shared via district email or shared electronic drive to all employees and the union.
d. Written notice of each involuntary transfer shall be given to each unit member being transferred seven (7) working days after the voluntary transfer procedures have been exhausted.
e. If the reassigned unit member's most recent evaluation is negative, the unit member shall serve a probationary period of six (6) months in the new position.
Involuntary Transfer Procedure. In the event that the Board has determined that a vacancy shall be filled by a transfer of an employee other than from a request on file pursuant to Voluntary Transfer Procedure in Article XXII, or in the event that the Board shall determine that any other change or transfer in grade or subject assignment or building or classroom is necessary, the Board shall notify the transferee of its intended action within three (3) calendar days of its decision. Thereafter, the transferee, may within three (3) working days, request in writing a hearing before the Board. If a hearing is requested, it shall be held prior to any final action by the Board on the transfer. The decision of the Board after said hearing shall be final. Involuntary transfers shall not be made for wholly arbitrary and wholly capricious reasons. Should any grievance ever be pursued to arbitration under this paragraph, the authority of the arbitrator shall be limited to deciding only whether there was lacking any non-arbitrary, non-capricious rationale for the transfer, and the arbitrator shall not be empowered to order any remedy should he/she find any such rationale not to exist.
Involuntary Transfer Procedure. Normally, the procedure for processing involuntary transfers, excluding transfers for unsatisfactory work, shall be the following:
7-3-1 Seniority
Involuntary Transfer Procedure. 7.4.1. An involuntary transfer/reassignment may be initiated by the District due to: changes in enrollment; school closure and openings; staffing shortages or surpluses within a school and/or department; or specified instructional needs.
7.4.2. The District shall seek volunteers before involuntarily transferring a unit member to fill a vacancy. Unit members to be involuntarily transferred shall have the right to indicate preferences in writing from a list of known vacancies. Unit members who agree to “volunteer” for transfer under this provision shall retain all rights and protections provided in this article to those who have been transferred involuntarily. The Superintendent or designee shall honor such preferences in accordance with section 7.2.5. which specifies the criteria for selecting unit members for vacant positions. The unit member to be involuntary transferred will be selected using the following criteria: ● Assignment in declining area such as primary (including 3/4 combination), upper, departmental middle school ● Meets requirements for district openings ● Least seniority in district
7.4.3. Written notice of an involuntary transfer, and a written rationale, shall be given to the unit member during a conference with the originator of said change prior to a final involuntary transfer. Five (5) work days notice shall be given before the transfer takes effect, unless waived by mutual agreement.
7.4.4. After receiving the written rationale, the unit member shall have the right to a meeting with the Superintendent within five (5) working days to discuss the transfer. An association representative may also be present at the meeting.
7.4.5. Unit members involuntarily transferred will, upon request, have return rights to the original school for the next year if a vacancy exists for which the unit member is appropriately credentialed.
7.4.6. Unit members selected for involuntary transfers shall not be involuntarily transferred again for three (3) years.
