Involuntary Transfers (District-Initiated. 1. The District may involuntarily transfer a unit member for the following reasons: a. to balance a school staff according to sex and ethnicity as required by law or judicial decision; b. to change the number of unit members in a school because of reduced or increased enrollment, reduced programs or alteration of programs, or program elimination; c. to reassign unit members when new schools are formed, boundary adjustments are made, or when schools are closed; and, d. to satisfy the educational needs of the individual school or district, as when specialized skills are needed at another site. 2. When transfers are made for any of the above reasons, the following criteria shall be in effect: a. The unit member (or if on leave, his/her replacement) with the least District-wide seniority shall be transferred, except as follows: 1) in cases where unit members have the same seniority hire date within the District, the unit member who has not been transferred involuntarily, previously, will be selected for the involuntary transfer; 2) in cases where unit members have the same seniority hire date within the District, and have both previously been involuntarily transferred, the unit member with the longest period of time since their last involuntary transfer will be selected to be transferred involuntarily; 3) in cases where the transfer is required to satisfy specialized skill requirements of a program at the receiving school site, the least senior unit member qualified to fill the need shall be transferred; 4) in cases where the transfer would substantially disrupt an existing program, the next least senior unit member with the requisite skill requirements of the receiving school shall be transferred; 5) if a clear decision is not evident after applying the above criteria the final decision shall be made by the Superintendent or his/her designee. b. No unit member may be involuntarily transferred who has received an unsatisfactory rating on the last official evaluation, except in cases of school closure. c. Unit members transferred after the school year begins because of enrollment reasons shall be allowed to return to their previous assignments for the following school year if vacancies exist. d. An involuntary transfer shall not be made more than once in a three-year period unless the transfer(s) is necessary due to reasons enumerated in D.1.b. or D.1.c. above. e. Unit members in the affected school, program or group may volunteer for transfer to the school(s) where vacancies exist and those persons must be transferred before involuntary transfers are initiated. f. The unit member shall be allowed reasonable preparation time to make the necessary change, but not to exceed five (5) working days. g. When a unit member is involuntarily transferred under this section, the District shall provide assistance to move the unit member's personal teaching equipment and materials to the new classroom (or, if not appropriate, to a suitable on-site location). h. In the case of closure of a school, those unit members shall select from known vacancies for which they are qualified. The selections shall be made in order of seniority and shall be made by the second Friday of June for vacancies known on that date. Unit members who are involved in the selection process shall make themselves available for the selection or shall designate in writing someone to select on their behalf. I. If, in the case of either a voluntary or involuntary transfer, a unit member's new position is abolished within fifteen (15) days after assuming the new position, the unit member shall again be involuntarily transferred.
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Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
