Common use of Involuntary Transfers Clause in Contracts

Involuntary Transfers. (1) When it becomes apparent that a transfer from a building must take place, the principal (or other equivalent supervisor) will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer. (2) Notice of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding the effective date of transfer. (3) In making involuntary transfers, the convenience and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified for the open position volunteers, the teacher in the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferred. (4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified of the reasons for the decision on the transfer. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Involuntary Transfers. (1) . When it becomes apparent that a transfer from a building must take place, the principal (or other equivalent supervisor) will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer. (2) Notice of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding the effective date of transfer. (3) In making involuntary transfers, the convenience and wishes of the individual teacher member of the bargaining unit will be honored to the extent possible, as long as that these considerations do not conflict with the instructional requirements and the best interests interest of the school system district and the pupils as determined by the Superintendent. 2. Notice of an involuntary transfer or reassignment will be given to teachers as soon as practicable, and, except in cases of emergency, no later than July 17. This date can be extended by mutual consent of the Board and the Association. 3. When an involuntary transfer or reassignment is necessary, a whole. If no teacher who is certified for the open position volunteersteacher’s areas of competence, the teacher in the building with the least major or minor field of study, length of service in the DistrictRidgedale school system, who is certified for the open position, has taught length of service in the same building, grade grouping (K-3 or 4-5) subject from which transfer or contiguous grade level (elementary) or in the subject area (secondary) in the last five yearsreassignment is contemplated and other relevant factors, including legal requirements, will be transferredconsidered in determining which teacher is to be transferred or reassigned. (4) . An involuntary transfer for which no teacher volunteers or reassignment will be made only after a meeting between the teacher involved and the superintendent or his designee Superintendent, at which time the teacher will be notified of the reasons for the decision on the transferreason therefore. In the event that The teacher may, at his/her option, have a teacher objects to the transfer at this meeting, upon the request representative of the teacher, the Association present at such meeting. No teacher will be notified and the superintendent transferred or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVIIreassigned arbitrarily, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capriciouscapriciously, or without rational basis in fact, will be final. (5) Postings for . A list of open positions in the District school system will be made available to all teachers being involuntarily transferredteachers. Preference will be given Teachers who have been involved in filling such positions on an involuntary transfer will, when a desirable position for which they have appropriate qualifications becomes available, have the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject right to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unitapply for said position. (6) Teachers . A teacher being involuntarily transferred may request or reassigned will be placed only in an interview with the principal (or equivalent position, i.e., one which, among other equivalent supervisor) things, involves no reduction in total compensation and no impairment of the unit to which transfer is being contemplatedtenure. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 5 contracts

Samples: Master Contract Agreement, Master Contract Agreement, Master Contract Agreement

Involuntary Transfers. (1) When it becomes apparent that a transfer from a building must take place, the principal (or other equivalent supervisor) will talk Involuntary transfers of teachers may be necessary and/or desirable in order to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer. (2) Notice of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding accomplish the effective and efficient staffing of schools and programs. Prior to the date of an impending transfer. (3) In making involuntary transfers, the convenience and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified for the open position volunteers, the teacher shall be notified of the date and reason for such transfer. The procedure described below will be followed in the building with the least service in the District, identifying those teachers who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will are to be transferred. (4) An 1. The Board may exempt a limited number of key teachers from involuntary transfer transfer. It is understood that in order to apply the exemption, the Board will demonstrate that such exempted teachers hold a key co-curricular assignment and/or are intricately involved in the development or coordination of a program in that school. The maximum number of teachers who may be exempted in each building shall be determined as follows: Senior High buildings 3 exempted teachers a. Sponsorship of the service or safety squads shall not constitute valid reason for which no teacher volunteers will exemption status per this Section so long as there are teachers in that building willing to perform these duties. b. Notice of those to be made only after a meeting between the teacher involved exempted and the superintendent or his designee at which time the teacher will be notified of the reasons for such exemptions shall be given to the decision on Association in writing, prior to implementing the transferprocedures set forth in Section B.4. of this Article. This understanding will be inoperative if such exempted teacher subsequently becomes unavailable for that assignment. 2. In the event that an involuntary transfer is necessary due to a teacher objects to reduction in staff, curriculum reorganization, or other causes except as defined in Section C.3. of this Article, teachers will be transferred in the transfer at this meetingfollowing order: voluntary transfers, upon the request of the teachernoncertified, probationary and tenure. In reaching decisions within these categories, the Association will following criterion shall be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open positions followed in the District will be made available to all teachers being involuntarily transferredorder listed: a. Qualifications as determined by: aa. Preference will be given major (or minor, if the teacher is currently teaching at least 50% of his/her assignment in filling such positions on the basis that area) bb. areas of certification majors, teaching experience, demonstrable programs needs and length of service certification b. Seniority in the District. c. Written evaluations on file in the Personnel Office. d. Outside teaching and grade level, subject, or special experience. 3. Disputes under Article XVIIWhen appropriate, B. 2. b. (5), will be subject to involuntary transfers for the grievance procedure, but the decision welfare of the Board, unless arbitrary, capricious, or without basis in fact, will concerned parties may be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Involuntary Transfers. (1) When it becomes apparent that a. If all reasonable attempts by the Administration to assign an Assistant to a transfer from a building must take placebuilding, grade, and/or student by June 1 fail, the principal (or other equivalent supervisor) will talk to all members Administration may issue contracts without such information. b. The President of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person CEAA will be chosen notified of the number and names of the individuals involved prior to the issuing of such contracts. Members so affected will be notified by July 15 of their placement for the transfer. Such a transfer will be considered to be an involuntary transfercoming school year. c. When involuntary transfers occur between buildings within the same level or between levels (2) Notice of the necessity for transfers will be given to teachers as soon as practical andelementary, under normal circumstancesmiddle, not later than the end of the semester preceding the effective date of transfer. and high school), or between job levels (3) In making involuntary transfersNon- Instructional, Instructional, Program Assistant), the convenience and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified for the open position volunteers, the teacher Assistant in the building with the least seniority will be transferred. For purposes of this section, seniority shall be determined by the number of years of continuous service in the DistrictAssistant’s current building (“building seniority”). To address the elementary consolidation project of 2013, who time spent in Dame and Xxxxxxx Schools will be honored at Mill Brook School; time spent in Xxxxxxx and Xxxxxx Schools will be honored at Xxxxxxx XxXxxxxxx School; and time spent at Rumford and Xxxxxx Schools will be honored at Xxxxx-Xxxxxxx School. In the event of a tie in building seniority, the Assistant’s District seniority (within the bargaining unit) will be added to their building seniority to determine the least/most senior. If there is certified for the open position, has taught a tie in years of combined service in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in District and the subject area (secondary) in building, a lottery system will be used to determine seniority and the last five years, Assistant determined to have the least seniority will be transferred. (4) An d. For involuntary transfer for which no teacher volunteers will transfers of Assistants not assigned to a single building, “building seniority” shall be made only after a meeting between determined by the teacher involved and the superintendent Assistant’s years of continuous service within his or his designee at which time the teacher will be notified of the reasons for the decision on the transferher current level. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length Years of service in the District. Disputes under Article XVII, B. 2. b. District (5), within the bargaining unit) and in the Assistant’s building will be subject to determined by the grievance procedure, but the decision equivalent number of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unitfull-time years worked (example – two years of half-time equals one full- time year). (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Involuntary Transfers. (1) When it becomes apparent that a transfer from a building must take place, the principal (or other equivalent supervisor) will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states the Administration contemplates filling a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be vacancy by an involuntary transfer, an internal email communication will be sent to all bargaining unit teachers identifying the position that may be filled by such transfer. A teacher who receives this email and is interested in being considered for the position may make the Superintendent aware of this by responding to this email. It is mutually understood that the operation of this provision is distinguished from and not to be confused with the posting of a vacancy under Section A of the Article. (2) Notice of the necessity . A teacher will not be assigned to a position for transfers will be given to teachers as soon as practical and, under normal circumstances, which he or she does not later than the end of the semester preceding the effective date of transferhold certification/licensure. (3) In making involuntary transfers, . This Section applies only to changes in assignment in grade level and/or subject. 4. Teachers under Board contract shall be notified by June 1st if there is a change in their assignment for the convenience and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a wholefollowing year. If no teacher who is certified for the open position volunteersfurther changes are made after that date, the teacher in the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferred. (4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified in writing within ten (10) days of the reasons decision. Teachers who are involuntarily transferred after August 1st shall be paid two additional days of salary at their per diem rate and granted an expense allowance of $100 for reimbursable expenses for needed classroom supplies and materials for the new assignment. No involuntary transfers may be made after August 15 except by reason of decreased student enrollment. 5. The teachers subject to involuntary transfer or reassignment will be given the opportunity to consult with the Superintendent regarding this matter with an Association representative present, if requested by the teacher. 6. When a possible transfer in assignment is being considered, the principal and the teacher(s) will meet and engage in a meaningful conversation in order to seek consensus of all affected by the transfer(s). If consensus cannot be reached, then the final decision on regarding the transfertransfers or reassignments rests with the Superintendent. 7. In the event that Notwithstanding numbers 3 and 5 above, if a principal requires a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. change room assignment more than once within a five (5) Postings for open positions in the District will year time period, said teacher shall be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis paid one (1) additional day of certification majors, teaching experience, demonstrable programs needs and length salary at his/her per diem rate upon submission of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject a time sheet to the grievance procedureBoard’s Treasurer. Excluded from this provision are mobile teachers without an assigned room, but the decision full building moves of the Boardpersonnel, unless arbitrary, capricious, and voluntarily requested transfers to positions or without basis in fact, will be finalrooms. When the a possible transfer has been madein room assignment is being considered, the transferred teacher principal and the teacher(s) will meet and engage in a meaningful conversation in order to seek consensus of all affected by the change of their room assignment(s). If consensus cannot be assigned to classes on an equal basis with other teachers reached, then the final decision regarding the change in the instructional unit. (6room assignment(s) Teachers being involuntarily transferred may request an interview rests with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplatedSuperintendent. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Involuntary Transfers. (1) . When it becomes apparent no teacher has applied for a vacancy, and the Superintendent determines that a transfer from a building must take place, the principal (or other equivalent supervisor) will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these fill the vacancy by involuntary transfer, s/he shall first seek volunteers from among those teachers states a willingness to be transferred, that person will be chosen who hold certification(s) for the transfer. Such a open position(s The Superintendent may only transfer will be considered teachers involuntarily to be an involuntary transfer. (2) Notice of meet the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding the effective date of transfer. (3) In making involuntary transfers, the convenience and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests instructional requirements of the school system as in the event of either 1) declining or shifting enrollment; 2) a wholereduction in state or local aid which results in less than a level funded budget; 3) a reduction in state or local aid which results in a level funded budget from one fiscal year to the next fiscal year; 4) unexpected, major budgetary constraints which arise during a fiscal year and provided further that the layoff and recall provisions of Article XIII have been followed or 5) In the judgment of the Superintendent the needs of the students require an alternative staffing arrangement that cannot be met by another staff member. 2. If there are no volunteers, transfers shall be made involuntarily. Such transfers shall be to a position(s), when and if feasible, as comparable as the circumstances permit in grade level and/or subject area to the transferring teacher's current position. The Committee and the administration will provide assistance to help the transferred teacher(s) adjust to his/her new area. Such assistance may include, but not be limited to, providing the teacher(s) with a mentor. When and if positions become available, a transferred teacher(s) shall be given first consideration to a teaching position in his/her former grade or department/classification unless another teacher who is certified more qualified for the open position volunteers, than the teacher in transferred teacher(s). The transferred teacher(s) has the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferred. (4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified of the right to request written reasons for the decision on the transfer. In the event that a teacher objects to denial of the transfer at this meeting, based upon the request criteria in Section A., from the Superintendent. The transfer will become effective at the start of the teachernext school year, or sooner, at the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision discretion of the Board, unless arbitrary, capricious, or without basis in fact, will be finalSuperintendent. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Involuntary Transfers. (1) When it becomes apparent that a transfer from a building must take place, the principal (or other equivalent supervisor) will talk to all members of the staff staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer. (2) Notice of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding the effective effective date of transfer. (3) In making involuntary transfers, the convenience and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified for the open position volunteers, the teacher in the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferred. (4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified of the reasons for the decision on the transfer. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Involuntary Transfers. An employee who is to be involuntarily transferred, shall be afforded a person to person meeting with the appropriate Administrator and given the reasons in writing for the involuntary transfer at the time of the conference which shall be no later than the day before the last student day. If for some reason an employee who is involuntarily transferred when school is not in session, the employee shall be paid for one (I) day at the per diem rate in accordance with his/her placement on the salary schedule. The employee may request a conference with the appropriate administrator. Reasons for involuntary transfers shall include (1) When it becomes apparent that a transfer from a building must take place, decrease in number of sections (the principal (or other equivalent supervisorterm "sections" refers to classes and course offerings) will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer. and (2) Notice professional growth ("professional growth" shall mean to improve overall teacher performance, to improve instruction for Otsego students and to compliment teaching styles of other staff members.) If an employee is involuntarily transferred for professional growth, he/she will not be transferred again for professional growth reasons the necessity for transfers subsequent school year. An employee will not be given to teachers as soon as practical and, under normal circumstancesinvoluntarily transferred more often than once every twenty-four months, not later than the end to exceed three times in a ten (10) year period. Consideration of the semester preceding the effective date of transfer. (3) In making involuntary transfers, the convenience and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a wholestudents and building(s) staffing is important when determining to make such involuntary transfers. If no teacher who is certified for the open position volunteersHowever, the teacher in the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferred. (4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified of the reasons for the decision on the transfer. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) desires of the unit to which member will be taken into consideration by the administration and the administration will not normally involuntarily transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer a unit member in the building from school year subsequent to that in which a teacher the unit member has been involuntarily transferred. If teachers are asked to switch grade levels and have not been given the opportunity to order materials for the new grade level, that teacher they will have be able to order supplies for the top priority to return to this open positionnew grade level. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Involuntary Transfers. (1) When it becomes apparent . An involuntary transfer is a Superintendent-initiated transfer of a bargaining unit member to a different building, or to a different grade level in the elementary grades, or to a different department in the secondary grades, that occurs without the bargaining unit member’s approval. An involuntary transfer can only take place when a vacancy exists. 2. No bargaining unit member will be involuntarily transferred to a position for which the bargaining unit member does not hold a proper certificate/licensure. 3. A teacher who has been involuntary transferred to a different building, to a different grade level in the elementary grades, or to a different department may request in writing a meeting with the Superintendent to discuss the merits of the transfer from and, at his/her option, may have a building must take placerepresentative of his/her choice at this meeting. 4. If the teacher so requests, the principal (or other equivalent supervisorSuperintendent shall give in writing the reason(s) will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer. 5. A bargaining unit member shall not be involuntarily transferred two (2) Notice years in a row unless due to the implementation of a Reduction in Force. If a vacancy subsequently occurs involving he position the necessity for transfers bargaining unit member was involuntarily transferred from, the bargaining unit member may request to be returned to that position and the request will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding the effective date of transfergranted. 6. A bargaining member who has been involuntarily transferred shall receive up to thirty (330) In making involuntary transfershours for the purpose of curriculum development, training, and/or other supports necessary to be successful. Additional extended hours may be approved by the bargaining unit member’s immediate supervisor. Additionally, as necessary, the convenience bargaining unit member shall receive up to seven and wishes one half (7.5) hours to move his/her materials, resources, etc. due to the involuntary transfer. If the bargaining unit member requests custodial assistance with the move, the building principal will schedule the custodial assistance at a mutually agreeable date and time. 7. Prior to the implementation of a transfer (be it voluntary or involuntary), the individual teacher bargaining unit member and the principal responsible to supervise the position for which the bargaining unit member will be honored to the extent possibleworking, as long as these considerations do not conflict with the best interests of the school system as shall hold a whole. If no teacher who is certified for the open position volunteers, the teacher in the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferred. (4) An involuntary transfer for which no teacher volunteers will be made only after a collaborative meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified of the reasons for the decision on the transfer. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will principal’s expectations for the position and to discuss what supports the bargaining unit member may require in order to be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open positions successful in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Involuntary Transfers. (1) When it becomes apparent that a transfer from a building must take place, the principal (or other equivalent supervisor) will talk Involuntary transfers of teachers may be necessary and/or desirable in order to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer. (2) Notice of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding accomplish the effective and efficient staffing of schools and programs. Prior to the date of an impending transfer. (3) In making involuntary transfers, the convenience and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified for the open position volunteers, the teacher shall be notified of the date and reason for such transfer. The procedure described below will be followed in the building with the least service in the District, identifying those teachers who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will are to be transferred. (4) An 1. The Board may exempt a limited number of key teachers from involuntary transfer transfer. It is understood that in order to apply the exemption, the Board will demonstrate that such exempted teachers hold a key co-curricular assignment and/or are intricately involved in the development or coordination of a program in that school. The maximum number of teachers who may be exempted in each building shall be determined as follows: a. Sponsorship of the service or safety squads shall not constitute valid reason for which no teacher volunteers will exemption status per this Section so long as there are teachers in that building willing to perform these duties. b. Notice of those to be made only after a meeting between the teacher involved exempted and the superintendent or his designee at which time the teacher will be notified of the reasons for such exemptions shall be given to the decision on Association in writing, prior to implementing the transferprocedures set forth in Section B.4. of this Article. This understanding will be inoperative if such exempted teacher subsequently becomes unavailable for that assignment. ss 2. In the event that an involuntary transfer is necessary due to a teacher objects to reduction in staff, curriculum reorganization, or other causes except as defined in Section C.3. of this Article, teachers will be transferred in the transfer at this meetingfollowing order: voluntary transfers, upon the request of the teachernoncertified, probationary and tenure. In reaching decisions within these categories, the Association will following criterion shall be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open positions followed in the District will be made available to all teachers being involuntarily transferredorder listed: a. Qualifications as determined by: i. major (or minor, if the teacher is currently teaching at least 50% of his/her a in that area) ii. Preference will be given in filling such positions on the basis areas of certification majors, teaching experience, demonstrable programs needs and length of service certification b. Seniority in the District. c. Written evaluations on file in the Personnel Office. d. Outside teaching and grade level, subject, or special experience. Disputes under Article XVIIignment 3. When appropriate, B. 2. b. (5), will be subject to involuntary transfers for the grievance procedure, but the decision welfare of the Board, unless arbitrary, capricious, or without basis in fact, will concerned parties may be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Involuntary Transfers. (1) When it becomes apparent . It is clearly understood that a transfer from being surplus in a building must take place, the principal (or other equivalent supervisor) will talk due to all members of the staff in the building who are in the grade levels or subject field from which it reductions is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be not an involuntary transfer. (2) Notice . An involuntary transfer will be made only after written notification to the teacher with an explanation of why the transfer will occur. Except in unusual circumstances, such transfers will take effect only at the beginning of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding the effective date of transfer. (3) following school year. In making involuntary assignments and transfers, the convenience con- xxxxxxxx and wishes of the individual teacher will be honored to the extent possible, as long as that these considerations do not conflict with the instructional requirements and best interests of the school system and the pu- pils. 3. An involuntary transfer may be necessary to provide a better opportunity for professional growth of the teacher to meet unique instructional requirements, such as a wholemay happen in curriculum changes, student selections, or similar valid reasons. If no teacher who When the transfer is certified for the open position volunteersnecessary, the teacher in being invol- untarily transferred will receive a written explanation of the building with the least service in the District, who is certified need for the open position, has taught in transfer. If the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in reason given is based on the subject area (secondary) in the last five years, will be transferred. (4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified professional performance of the reasons teacher, the action must be preceded by a period of evaluation, specific identification of weaknesses or deficiencies with recommendations for correction, and evidence of administrative support to the decision on the transferteacher. There may occasionally be unusual circum- 4. In the event that more than one position exists which would better meet the capabilities of the teacher being involuntarily transferred, then the teacher will be provided with a list of all such vacancies and be given adequate released time to visit the schools in which those positions exist. It is understood that a variety of positions from which to choose is more desirable than direct assignment of the teacher without the teacher's concurrence. Except in unusual circumstances requiring urgent action, a teacher objects will not be forced to transfer until a specific position, which is vacant, has been identified, which will be more suited to the transfer at this meetingteacher's capabilities, upon the request in light of the teacher, problems identified by the Association will admini- 5. Other teachers shall not be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis placed in fact, will be final. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given same field in filling the same level where an involun- tary transfer is anticipated until such positions on are identified specifically for those who are to be invol- 1. A promotional position is defined as an advancement in salary above the basis of certification majorssalary schedule in Appendix A. Whenever a vacancy in any promotional position shall occur, teaching experience, demonstrable programs needs and length of service in other than for Superintendent or the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been madeSuperintendent's immediate staff, the transferred teacher BOARD shall publicize such vacancy by posting notices in each school and the central office. Copies of these notices will also be assigned sent to classes on an equal basis with other teachers in the instructional unit. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.Head Association

Appears in 1 contract

Samples: Professional Agreement

Involuntary Transfers. (1) When it becomes apparent . It is clearly understood that a transfer from being surplus in a building must take place, the principal (or other equivalent supervisor) will talk due to all members of the staff in the building who are in the grade levels or subject field from which it reductions is necessary to transfer someonenot an involuntary transfer 2. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a An involuntary transfer will be considered made only after written notification to be the teacher with an involuntary transfer. (2) Notice explanation of why the transfer will occur. Except in unusual circumstances, such transfers will take effect only at the beginning of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding the effective date of transfer. (3) following school year. In making involuntary assignments and transfers, the convenience and wishes of the individual teacher will be honored to the extent possible, as long as that these considerations do not conflict with the instructional requirements and best interests of the school system and the pupils. 3. An involuntary transfer may be necessary to provide a better opportunity for professional growth of the teacher to meet unique instructional requirements, such as a wholemay happen in curriculum changes, student selections, or similar valid reasons. If no teacher who When the transfer is certified for the open position volunteersnecessary, the teacher in being involuntarily transferred will receive a written explanation of the building with the least service in the District, who is certified need for the open positiontransfer. If the reason given is based on the professional performance of the teacher, has taught in the same grade grouping (K-3 action must be preceded by a period of evaluation, specific identification of weaknesses or 4-5) or contiguous grade level (elementary) or in deficiencies with recommendations for correction, and evidence of administrative support to the subject area (secondary) in the last five years, will teacher. There may occasionally be transferredunusual circumstances requiring urgent action. (4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified of the reasons for the decision on the transfer. In the event that more than one position exists which would better meet the capabilities of the teacher being involuntarily transferred, then the teacher will be provided with a list of all such vacancies and be given adequate released time to visit the schools in which those positions exist. It is understood that a variety of positions from which to choose is more desirable than direct assignment of the teacher without the teacher's concurrence. Except in unusual circumstances requiring urgent action, a teacher objects will not be forced to transfer until a specific position, which is vacant, has been identified, which will be more suited to the transfer at this meetingteacher's capabilities, upon the request in light of the teacher, problems identified by the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss administration as reasons for the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open . Other teachers shall not be placed in positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given same field in filling the same level where an involuntary transfer is anticipated until such positions on are identified specifically for those who are to be involuntarily transferred either under this Article or Article XXVIII, unless such assignment would facilitate the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision assignment of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned forced to classes on an equal basis with other teachers in the instructional unittransfer. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Involuntary Transfers. (1) When it becomes apparent that a 2.1 An involuntary transfer from a building must take placeis any transfer not sought or not agreed to by the employee transferred. Transfers shall not be punitive or disciplinary in nature. 2.2 Immediately upon consideration of an involuntary transfer, the principal (or other equivalent supervisorDistrict shall provide the employee with written reason(s) will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such Involuntary transfers at no time shall be inconsistent with state or federal law and shall be based on the following factors only: 2.2.1 To accommodate an evaluation of an employee in a different environment or site; 2.2.2 To establish or maintain a proper ethnic distribution of employees throughout the work site; 2.2.3 To establish or maintain necessary capabilities at any school for special instructional programs; 2.2.4 To accommodate a change in school enrollment necessitating either the addition or deletion of staff; 2.2.5 Whenever such transfer will be considered to be occurs as a result of an involuntary transferemergency (defined as school closures, fire, flood, Act of God or similar occurrence); 2.2.6 To establish or maintain leadership in a given area of curriculum. 2.3 The following procedures shall be followed in involuntary transfers: 2.3.1 If there are two (2) Notice or more employees at a school who are to be considered for transfer based upon the factors in Section 2.2 above, and said factors are judged equal, then the least senior employee (on a District seniority basis) shall be selected. However, the application of the necessity for transfers will be given such seniority factor shall not operate so as to teachers as soon as practical and, under normal circumstances, not later cause involuntary transfer of a unit member more than the end of the semester preceding the effective date of transfer. once in any three (3) In making year period. 2.3.2 Where there is a qualified volunteer, who becomes an involuntary transferstransfer candidate, the convenience District shall give first consideration to such volunteer. Each transfer applicant shall complete a transfer application. The priority order of involuntary candidate selection would be based on district seniority. 2.3.3 Release time of no more than two (2) days shall be provided to observe and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict meet with the best interests of the school system as a whole. If no teacher who is certified principal(s) for the open position volunteerslikely available position(s) or transfer. This observation and meeting shall be conducted in a timely manner. 2.3.4 List of Procedures for Site Administrators to follow: 2.3.4.1 In conjunction with Human Resources Department, the teacher in site administrator shall complete the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferredinvoluntary transfer form. (4) An involuntary transfer for which no teacher volunteers will 2.3.4.2 A conference shall be made only after a meeting held between the site administrator and teacher involved and the superintendent or his designee at which time the teacher is informed that an involuntary transfer will be notified recommended. 2.3.4.3 At the conclusion of the reasons conference, the form is to be signed by the administrator and the teacher. The signature of the teacher only verifies that he/she has been informed of the recommendation. 2.3.4.4 Recommendation for involuntary transfer will be delivered to the Human Resources Department for approval and appropriate action. 2.3.4.5 The decision on the transfer. In the event that a teacher objects to the said involuntary transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given by the Superintendent or their designee. 2.3.4.6 The Human Resources Department shall notify the employee in filling such positions on writing not later than the basis first working day of certification majors, teaching experience, demonstrable programs needs and length the last week of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject school as to the grievance procedure, but the decision status of the Board, unless arbitrary, capriciousinvoluntary transfer if it is to be effective for the following school year. 2.3.4.7 Employees involuntary transferred during vacation periods shall be notified by registered or certified mail, or without basis notification shall be delivered in fact, will be final. When person to the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unitemployee. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 1 contract

Samples: Contractual Agreement

Involuntary Transfers. (1) When it becomes apparent that a 2.1 An involuntary transfer from a building must take placeis any transfer not sought or not agreed to by the employee transferred. Transfers shall not be punitive or disciplinary in nature. 2.2 Immediately upon consideration of an involuntary transfer, the principal (or other equivalent supervisorDistrict shall provide the employee with written reason(s) will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such Involuntary transfers at no time shall be inconsistent with state or federal law and shall be based on the following factors only: 2.2.1 To accommodate an evaluation of an employee in a different environment or site; 2.2.2 To establish or maintain a proper ethnic distribution of employees throughout the work site; 2.2.3 To establish or maintain necessary capabilities at any school for special instructional programs; 2.2.4 To accommodate a change in school enrollment necessitating either the addition or deletion of staff; 2.2.5 Whenever such transfer will be considered to be occurs as a result of an involuntary transferemergency (defined as school closures, fire, flood, Act of God or similar occurrence); 2.2.6 To establish or maintain leadership in a given area of curriculum. 2.3 The following procedures shall be followed in involuntary transfers: 2.3.1 If there are two (2) Notice or more employees at a school who are to be considered for transfer based upon the factors in Section 2.2 above, and said factors are judged equal, then the least senior employee (on a District seniority basis) shall be selected. However, the application of the necessity for transfers will be given such seniority factor shall not operate so as to teachers as soon as practical and, under normal circumstances, not later cause involuntary transfer of a unit member more than the end of the semester preceding the effective date of transfer. once in any three (3) In making involuntary transfersyear period. 2.3.2 Where there is a qualified volunteer with a transfer application on file, the convenience and wishes of the individual teacher will be honored District shall give first consideration to the extent possible, as long as these considerations do such volunteer provided such selection is not conflict inconsistent with the best interests factors listed previously under 1.2. 2.3.3 Released time of the school system as a whole. If no teacher who is certified at least two (2) days shall be provided to observe and to be interviewed for the open likely position volunteers, the teacher in the building with the least service in the District, who or transfer. This is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferrednot applicable if involuntary transfer occurs within 60 days of close of school year. 2.3.4 List of Procedures for Site Administrators to follow: 2.3.4.1 The site administrator shall complete the appropriate form (4) An involuntary transfer for which no teacher volunteers will Notification of Intent to Recommend Transfer). 2.3.4.2 A conference shall be made only after a meeting held between the site administrator and teacher involved and the superintendent or his designee at which time the teacher is informed that a transfer will be notified recommended. 2.3.4.3 At the conclusion of the reasons conference, the form is to be signed by the principal and the teacher. The signature of the teacher only verifies that they have been informed of the recommendation. 2.3.4.4 Recommendation for transfer will be delivered to the Personnel Office for approval and appropriate action. 2.3.4.5 The decision on the transfer. In the event that a teacher objects to the said transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given by the Superintendent or their designee. 2.3.4.6 The Personnel Office shall notify the employee in filling such positions on writing not later than the basis first working day of certification majors, teaching experience, demonstrable programs needs and length the last week of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject school as to the grievance procedure, but the decision status of the Board, unless arbitrary, capricioustransfer if it is to be effective for the following school year. 2.3.4.7 Employees transferred during vacation periods shall be notified by registered or certified mail, or without basis notification shall be delivered in fact, will be final. When person to the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unitemployee. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 1 contract

Samples: Contractual Agreement

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Involuntary Transfers. A. The Board reserves the right to make involuntary transfers for the general welfare of the District. An involuntary transfer shall be defined as an assignment change to a different grade level, or to another building, or to a subject matter not previously taught. B. When an involuntary transfer is determined necessary by the Board the following process shall occur: Step 1. The building Administrator shall meet with the teacher (1before any decisions have been finalized) When it becomes apparent and inform the teacher that he/she will likely be transferred. Both the teacher and the building Administrator shall have a transfer from a building must take placeright to be accompanied by one person at this meeting. At that time, the principal (or other equivalent supervisor) teacher may give input and ask questions. Additionally, the teacher will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer. (2) Notice of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding the effective date of transfer. have three (3) In making involuntary transfersschool days after that initial meeting to submit more input and/or express concerns or objections in writing to the building Administrator. Step 2. If, after Step 1 is completed, the convenience and wishes of building Administrator determines that the individual teacher will is to be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as further considered for a whole. If no teacher who is certified for the open position volunteerstransfer, the teacher shall be advised of that determination in writing. Step 3. If the teacher objects to the determination of the building Administrator, he/she may request a meeting in writing with the least service in Superintendent. The Superintendent shall conduct that meeting within three (3) school days of the District, who is certified for request. Both the open position, has taught in teacher and the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will Superintendent shall have a mutual right to be transferredaccompanied by one person at this meeting. (Step 4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between . The Superintendent shall notify the teacher involved and of his/her final decision regarding the superintendent or his designee at which time the teacher will be notified transfer of the reasons for the decision on the transferteacher. In the event that the Superintendent determines that the teacher shall be transferred, the Superintendent will provide the teacher with a teacher objects letter of assignment within three (3) school days of that meeting. C. It is expressly agreed that, while the building Administrator/Superintendent’s failure to the transfer at this meeting, upon the request participate in any step of the teacherinvoluntary transfer process, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVIIas set forth above, B. 2. b. (4), will may be subject to the grievance proceduregrievance/arbitration process, but in no event shall any decision made by an Administrator or Superintendent regarding the decision disposition of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will involuntary transfer be subject to the grievance procedure, but grievance/arbitration procedure unless the decision of the Board, unless arbitrary, was arbitrary and capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Involuntary Transfers. (1) When it becomes apparent that a transfer from a building must take place, Involuntary transfers will be made with the principal (or other equivalent supervisor) will talk to all members approval of the staff Superintendent when a reduction in the building who are number of employees in a school is necessary, or to prevent disruption of the instructional program. 1. When a reduction in the grade levels number of employees in a District designated subject area/program or subject field from which it specific positions within a high school, middle school or technical center is necessary to transfer someone. If one necessary, notice of these teachers states a willingness to the reduction shall be posted and all volunteers shall first be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an after which involuntary transfer. (2) Notice of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than made on the end basis of the semester preceding the effective date of transfer. (3) In making involuntary transfers, the convenience and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified for the open position volunteers, the teacher in the building with the least service seniority in the District, who is certified for the open position, has taught those lowest in time of service in the same grade grouping District being transferred first, provided the employee retained is qualified to perform the required work. The teacher who volunteers to transfer shall provide his/her principal with a list of ten (K-3 or 4-510) schools that he/she would prefer to transfer to. If two (2) or contiguous grade level more such volunteers request the same school and a vacancy exists for which the employee is qualified, the most senior teacher shall be transferred to said school. If no vacancies exist at any of the ten (elementary10) schools at the time an involuntary transfer is necessary, the voluntary teacher(s) shall remain at his/her school and an involuntary transfer shall take place pursuant to the provisions of this section. a. The parties recognize that in certain career and technical subjects/disciplines, specific training and experience may be required to successfully teach a course. Therefore, when it becomes necessary to surplus a career and technical teacher, the surplussed teacher must demonstrate one (1) or more of the following before being placed in a vacant career and technical position: 1. Recency of teaching experience in the subject and/or program. 2. A license or documentation and/or recency of business/industry work experience necessary to meet the program needs. b. If a surplussed teacher cannot meet the criteria listed above, the employee will be placed in a non-career and technical (excluding dropout prevention) class if said employee has another area on his/her certification. If the employee does not have a non-career and technical area on his/her certification, the employee may select one (secondary1) of the following options: 1. Placed by the District as a replacement teacher. 2. Xxxxxxx retrained and add a new area to his/her certification by taking a bachelor’s level Florida Subject Area exam. critical shortage sabbatical leave. 2. Reduction By Seniority / (Elimination of Position(s)): When a reduction in the last five yearsnumber of employees within a location is necessary, the reduction will occur by subject area/program. Teachers are grouped by contract and the least senior teacher will be identified. an elementary school or exceptional student center is necessary, notice of the reduction shall be posted and all volunteers shall first be transferred. (4) An , after which involuntary transfer for which no teacher volunteers transfers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified of the reasons for the decision on the transfer. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majorsseniority in the District, teaching experience, demonstrable programs needs and length those lowest in time of service in the DistrictDistrict being transferred first, provided the employee retained is qualified to perform the required work. Disputes under Article XVIIThe teacher who volunteers to transfer shall provide his/her principal with a list of ten (10) schools that he/she would prefer to transfer to. If two (2) or more such volunteers request the same school and a vacancy exists for which the employee is qualified, B. 2the most senior teacher shall be transferred to said school. b. If no vacancies exist at any of the ten (5)10) schools at the time an involuntary transfer is necessary, will be subject the voluntary teacher(s) shall remain at his/her school and an involuntary transfer shall take place pursuant to the grievance procedure, but the decision provisions of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unitthis section. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 1 contract

Samples: Memorandum of Understanding (Mou)

Involuntary Transfers. (a) An involuntary transfer is the involuntary movement of an employee from one school or worksite to another school or worksite. Reassigning an employee from one grade level, subject matter or class to another at the same worksite or school is not an involuntary transfer. The parties understand and agree that the reassignment of teachers within a school or worksite from one class, subject matter or grade level to another is governed by Article XVII, Section 17:03 of the Teachers’ Agreement. Also, the reassignment of an itinerant employee to a different worksite or school is not an involuntary transfer. Involuntary transfers may occur for any of the following reasons: (1) When it becomes apparent new buildings open; (2) When a facility is closed; (3) When there is a decline in student enrollment; (4) To staff new schools or programs; (5) To adjust for loss of classes or programs; or (6) To avoid reductions in force. (b) Before involuntarily transferring any employee, voluntary transfer to a vacant position at another school or worksite will be offered to those whose transfer would make the involuntary transfer unnecessary. Anyone requesting a voluntary transfer may withdraw this request at any time prior to agreeing to accept a position. Those employees willing to transfer in order to avoid their own involuntary transfers or to avoid the involuntary transfer of another employee will have priority for unfilled vacancies over Transfer Day and Job Fair applicants. (c) It is recognized that a transfer from a building must take placethere might be more than one employee willing to transfer; and, in such case, the principal (or other equivalent supervisor) vacant position will talk be awarded to all members of the staff in employee certified for the building who are in position with the grade levels or subject field from which it is necessary to transfer someonegreatest system-wide seniority. If one two (2) or more employees desire the vacant position and have equal certification and system- wide seniority: (1) The position will be awarded to the employee with the greatest amount of these teachers states academic preparation. (Academic preparation shall be measured as a willingness to major or advanced degree in a subject area.); (2) Thereafter, all things still being equal, the position will be transferredawarded by lot. (d) If involuntary transfer cannot be avoided by following the voluntary transfer provisions of this Section, that person employees will be chosen for involuntary transfer to positions for which they are certified using the transfer. Such a transfer will be considered to be an involuntary transfer.following criteria: (1) The employee(s) with the least building-level seniority; (2) Notice of Where building-level seniority is equal, the necessity for transfers employee(s) with the least system-wide seniority will be given to teachers as soon as practical involuntarily transferred; and, under normal circumstances, not later than the end of the semester preceding the effective date of transfer. (3) In making Where building-level and system-wide seniority are equal, selection for involuntary transfers, the convenience and wishes of the individual teacher transfer will be honored made by lot. (e) The parties recognize that certified teachers will agree to teach courses or subjects outside of their area of certification to cover the shortage of certified teachers for those courses and subjects and that their doing so benefits the School System and the students of St. Tammany Parish. The parties also recognize that such teachers spend considerable time and resources in achieving the additional certifications and agree that they should not be penalized for doing so. Accordingly, for purposes of this Article, “certified” employee shall include a certified employee on a temporary teaching assignment who is working toward an additional certification in another area. The parties agree that it is consistent with the goal of having certified teachers in the classroom for a certified teacher to accept a temporary teaching assignment and agree to work toward an additional certification in another area. (f) Employees who are involuntarily transferred shall have the right to return to the extent possibleschools or worksites from which they were transferred in order of system-wide seniority, as long as these considerations do not conflict with provided a permanent vacancy for which they are certified occurs at their former schools or worksites prior to the best interests first pupil attendance day of the school system as a wholeyear following the school year in which their transfers took place. Employees interested in returning to their former schools shall notify the Department of Human Resources. If no teacher who is certified the permanent vacancy occurs during the school year in which such employees were involuntarily transferred, the vacancy shall be temporarily filled for the open position volunteers, the teacher in the building balance of that year and permanently filled thereafter with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferredemployee desiring to return from involuntary transfer to said vacancy. (4g) An involuntary transfer Where the entire student body of a school building or an entire grade, department or classification of employee (for which no teacher volunteers example, kindergarten teachers) is moved en masse to another school or worksite or divided between two or more schools or worksites, employees shall be transferred with their classes if their classes also move intact to a new location. If their classes are divided or split among new locations or cease to exist in their present form as a result of the move, transfers to the new location or locations will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified of the reasons for the decision on the transfer. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet in accordance with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. criteria set forth in subsection (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be finald) above. (5h) Postings Any employee who is involuntarily transferred shall not again be involuntarily transferred for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis a period of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. two (2. b. (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit) school years. (6i) Teachers An employee on sabbatical leave shall be notified if his position is subject to being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplatedabolished. Such notification shall be by certified mail, return receipt requested. (7j) Should an appropriate vacancy occur during An employee may also be transferred involuntarily at the summer direction of the Superintendent when the Superintendent determines that special or exigent circumstances, or conflicts between employees, make it necessary to transfer one or more employees in the building from which a teacher has been interest of security and safety. Any employee involuntarily transferred, that teacher will have transferred under this provision may grieve the top priority to return to transfer under the grievance and arbitration provisions of this open position. (8) The placement of Agreement. Before an involuntary transfers will have a priority over the relocation of voluntary transferstransfer occurs under this provision, the placement provision of teachers returning from leavethe just cause procedure, or the placement of newly hired teachers.Article IX, shall be observed.‌‌

Appears in 1 contract

Samples: Collective Bargaining Agreement

Involuntary Transfers. (1) When it becomes apparent that a transfer from a building must take place, the principal (or other equivalent supervisor) will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer. (2) Notice of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding the effective date of transfer. (3) In making involuntary transfers, the convenience and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified for the open position volunteers, the teacher in the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferred. (4a) An involuntary transfer for which no teacher volunteers will be made only after is a meeting between District-initiated change from one position to another position in the teacher involved and same classification that is vacant in the superintendent or his designee at which time the teacher will be notified District. This Section shall not apply to situations arising out of the reasons for the decision on the transferimplementation of Federal, State or local regulations or guidelines governing specific programs. In the event that a teacher objects to the transfer at this meeting, upon the request of the teachersituations involving an external operator, the Association will be notified and included in the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be finaltransfer implementation. (5b) Postings for open positions Before imposing an involuntary transfer due to a reduction in force, the District will be made available shall first seek employees who wish to all teachers being involuntarily transferred. Preference will be given in filling such positions on volunteer to leave the basis of certification majors, teaching experience, demonstrable programs needs impacted worksite(s) and length of service in who are State Certified for a vacant position within the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit. (6c) Teachers being involuntarily In the event there are more volunteers than positions to be filled, volunteers will be transferred may request an interview with in the principal following order: (1) Requirements of applicable Federal, State and/or local law, regulations or other equivalent supervisorguidelines; (2) of the unit to which transfer is being contemplatedMost Seniority; (3) Highest earned degree or equivalent. (7d) Should an appropriate vacancy occur during In the summer event there are more positions to be filled than volunteers, employees will be involuntarily transferred in the building from which a teacher has been involuntarily transferredfollowing order: (1) Requirements of applicable Federal, that teacher will have the top priority to return to this open positionState and/or local law, regulations or guidelines; (2) Least Seniority; and (3) Lowest earned degree or equivalent. (8) e) An employee replacing a teacher on leave-of-absence shall be considered to have the Seniority and earned degree or equivalent of the individual on leave. (f) Exemptions may be granted for incumbent xxxxxxxxx employees (certification and/or course); exemptions may also be granted to prevent a department from losing more than 10% of incumbent employees or 1 employee, whichever is greater. (g) In the event the District designates additional modified calendar schools prior to the shift in schedule, reasonable effort shall be made to transfer Permanent employees who do not wish a modified calendar school assignment to available vacancies for which the employee is State Certified. (h) Any ties in Seniority under this Section shall be broken according to Section 7.03 of this Agreement. (i) The placement Involuntary Transfer of involuntary transfers an employee for reasons other than a reduction in force will have a priority over be infrequent, and may be initiated by either the relocation of voluntary transfersDistrict or the Association. In such an event, the placement Executive Director of teachers returning from leaveHuman Resources will first engage in a consultation with the Business Agent or President of the Association. Following that consultation, or the placement of newly hired teachersaction must be approved, in every case, by the Chief Academic Officer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Involuntary Transfers. (1) When it becomes apparent . It is clearly understood that a transfer from being surplus in a building must take place, the principal (or other equivalent supervisor) will talk due to all members of the staff in the building who are in the grade levels or subject field from which it reductions is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be not an involuntary transfer. (2) Notice . An involuntary transfer will be made only after written notification to the teacher with an explanation of why the transfer will occur. Except in unusual circumstances, such transfers will take effect only at the beginning of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding the effective date of transfer. (3) following school year. In making involuntary assignments and transfers, the convenience and wishes of the individual teacher will be honored to the extent possible, as long as that these considerations do not conflict with the instructional requirements and best interests of the school system and the pupils. 3. An involuntary transfer may be necessary to provide a better opportunity for professional growth of the teacher to meet unique instructional requirements, such as a wholemay happen in curriculum changes, student selections, or similar valid reasons. If no teacher who When the transfer is certified for the open position volunteersnecessary, the teacher in being involuntarily transferred will receive a written explanation of the building with the least service in the District, who is certified need for the open positiontransfer. If the reason given is based on the professional performance of the teacher, has taught in the same grade grouping (K-3 action must be preceded by a period of evaluation, specific identification of weaknesses or 4-5) or contiguous grade level (elementary) or in deficiencies with recommendations for correction, and evidence of administrative support to the subject area (secondary) in the last five years, will teacher. There may occasionally be transferredunusual circumstances requiring urgent action. (4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified of the reasons for the decision on the transfer. In the event that more than one position exists which would better meet the capabilities of the teacher being involuntarily transferred, then the teacher will be provided with a list of all such vacancies and be given adequate released time to visit the schools in which those positions exist. It is understood that a variety of positions from which to choose is more desirable than direct assignment of the teacher without the teacher's concurrence. Except in unusual circumstances requiring urgent action, a teacher objects will not be forced to transfer until a specific position, which is vacant, has been identified, which will be more suited to the transfer at this meetingteacher's capabilities, upon the request in light of the teacher, problems identified by the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss administration as reasons for the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open . Other teachers shall not be placed in positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given same field in filling the same level where an involuntary transfer is anticipated until such positions on are identified specifically for those who are to be involuntarily transferred either under this Article or Article XXVIII, unless such assignment would facilitate the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision assignment of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned forced to classes on an equal basis with other teachers in the instructional unittransfer. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 1 contract

Samples: Professional Agreement

Involuntary Transfers. X. Xx involuntary transfer shall be defined as a change to another assignment such as another subject area (1) When it becomes apparent e.g., science, math, social studies), or grade level that is not requested by the employee(s). B. If the ED is considering the involuntary transfer of a transfer from a building must take placemember, the principal (or other equivalent supervisor) following shall occur before the decision to transfer is finalized: 1. The member will talk to all members be informed of the staff reassignment being considered. The member shall be notified in writing of the building who are reasons for the reassignment. Upon request from the member, the change shall be reviewed in conference between the grade levels or subject field from which it is necessary to transfer someonemember, an MTA representative, and the ED. 2. If one of these teachers states a willingness to be transferred, that person The member will be chosen advised by the ED of vacancies for the transfer. Such a transfer which he/she may be qualified and will be considered allowed to be inform the ED as to his/her preferred placement. Final assignment decisions shall rest with the ED. 3. After the decision to make an involuntary transfertransfer has been finalized, the following shall apply: a. Within one week the ED shall inform the member in writing of their new assignment. (2) Notice of the necessity for transfers b. The member may upon request be allowed to meet with their new grade level team. c. There will be given to teachers as soon as practical and, under normal circumstances, not later than the end a minimum of the semester preceding the effective date of transfer. three (3) In making involuntary transfers, workdays between the convenience and wishes notification of the individual teacher decision to involuntary transfer and the first day of work in the new assignment, unless waived by the employee. d. The member and ED involved will mutually agree as to what supplies, equipment, and furniture will need to be moved to implement the member’s program in the new setting. The Charter will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified responsible for the open position volunteers, the teacher in the building with the least service in the District, who is certified transport of those items. The Charter will be responsible for providing curriculum materials for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous new assignment. e. Members shall be compensated for involuntary transfers at their regular rate of pay as follows: i. Change of grade level (elementary) or in the change of subject area (secondarymiddle school) in the last five years, will be transferred– one (1) day. ii. Change of grade level from elementary to middle school or middle school to elementary – two (42) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified days. iii. Change of the reasons for the decision on the transfer. In the event that a teacher objects classroom – one (1) day in addition to the transfer at this meeting, upon the request aforementioned change of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be finallevel. iv. Change of elementary grade level to a grade not taught within the past three (53) Postings for open positions in years; change of middle school subject area to a subject not taught within the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. past three (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit3) years – three (3) days. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Involuntary Transfers. 1. Staff Reduction a) Involuntary transfers may occur due to staff reduction in a department and/or grade level within a school or the closing of an existing facility. The Board shall notify the Union within ten (10) days after the determination that involuntary transfers must occur. Teachers shall not be subject to involuntary transfer to an alternative school for disruptive students. b) In case of staff reduction in a school, volunteers will be transferred first to positions for which they are qualified in the judgment of the Superintendent. Involuntary transfers will then be assigned to positions for which they are qualified in the judgment of the Superintendent. Teachers who are being involuntarily transferred by the district for reasons of staff reduction in a school shall have priority on assignment to open positions over all voluntary transfers. c) Involuntary transfers as described in paragraph "a" shall be based on seniority in Pasco County. The teacher with the least amount of seniority among those assigned to the school in which the reduction occurs, within the area of assignment affected, shall be first transferred. In grades Pre-K (K)-5 "area of assignment" shall mean: Pre-K and K, or elementary grades 1-5. d) Teachers transferred under this provision shall not be again subject to involuntary transfers for a period of one (1) When it becomes apparent that year. Should a transfer position become available at the same school from which a building must take placeteacher was involuntarily transferred due to a staff reduction, the principal (or other equivalent supervisor) will talk teacher shall have the opportunity to return to such school, subject to all members of the staff in the building who are in the grade levels following conditions: 1) The same or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness similar position needs to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer. (2) Notice of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not filled no later than the end of the semester preceding school year following the effective date school year of the transfer. (2) The position is in the same area of assignment from which the teacher was transferred. 3) In making involuntary transfers, the convenience and wishes of the individual The teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified for the open position. 4) The teacher is qualified for the position volunteers, the teacher in the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferred. (4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified judgment of the reasons for the decision on the transferSuperintendent. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis cases in fact, will be final. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a more than one teacher has been involuntarily transferredtransferred from the same area of assignment, that teacher will have at the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over same school, and meet the relocation of voluntary transfersabove conditions, the placement of teachers returning from leave, or teacher with the placement of newly hired teachersmost seniority shall first be given the option to return.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Involuntary Transfers. 5 An involuntary transfer may be initiated by the District for any of the following 6 reasons, including, but not limited to, a decrease in the number of students at a 7 site, department or program, the elimination or reduction of programs, the 8 opening or closing of schools, layoffs, a decrease in funding in a program, 9 department, or subject matter, or a change or increase in qualifications 10 necessary at a site or in a program (e.g., the worksite requires a certain 11 qualification, such as CLAD certificate). Members without a CLAD may be 12 involuntarily transferred if compliance with state or federal law requires the 13 Member to have a CLAD at a site where they are assigned and they do not. 14 8.3.2.1 Any involuntary transfer will not be made in an arbitrary and 15 capricious manner. 16 8.3.2.2 If an involuntary transfer becomes necessary, the site 17 administrator or the District will first request volunteers to meet the need(s) 18 for involuntary transfer(s). Thereafter, the needs will be satisfied in the 19 following order: 1) When it becomes apparent that a transfer from a building must take place, the principal (or other equivalent supervisor) will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these temporary teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer first transferred; 2) first year 20 probationary teachers will be considered next; and 3) second year probationary 21 teachers will be last. Seniority dates will break any ties when applying the 22 foregoing categories to be satisfy the need for an involuntary transfer. If, 23 after initiating an involuntary transfer based on the foregoing categories, 1 additional Members need to be involuntarily transferred, selection will be 2 based on the seniority of the Members. (2) Notice of the necessity for transfers 3 8.3.2.3 Upon request, an involuntarily transferred Member will be given to teachers 4 written notice of the reason or reasons for the involuntary transfer by the 5 Associate Superintendent Human Resources or designee. The Associate 6 Superintendent Human Resources or his/her designee will notify the 7 Member of the involuntary transfer by May 1 or as soon as practical and, under normal circumstances, not later than reasonably 8 practicable after the end needs of the semester preceding District have been ascertained. If the effective date of transfer9 employee objects, the employee may request a meeting with the 10 Associate Superintendent Human Resources. The employee may at 11 his/her option, have an Association representative present at the meeting. 12 8.3.2.4 Any employee involuntarily transferred following the start of the 13 school year may be permitted up to three (3) In making involuntary transfers, the convenience and wishes days of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified for the open position volunteers, the teacher in the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferred. (4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which preparation time the teacher will be notified of the reasons for the decision on the transfer. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length of service in by 14 the District. Disputes under Article XVII, B. 2. b. (5), The number of days granted will be subject to depend upon the grievance procedure, but difficulty of 15 preparation for the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unitnew assignment. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Involuntary Transfers. (1) When it becomes apparent that a transfer from a building must take place. Prior to March 2nd, March 16th, and/or April 15th, the principal Superintendent shall notify the least senior teacher(s) subject to involuntary transfer due to school closure, program closure or reduction, or excess staff. 2. A teacher may be involuntarily transferred for just cause (or other equivalent supervisor) will talk proper and sufficient reasons). i. In determining just cause (proper and sufficient reasons), a finding adverse to all members the teacher is not required, but only a showing that the transfer is in the District’s best interest. 3. A teacher who is involuntarily transferred shall, upon written request, be given a written statement of the staff in specific reasons why he/she was transferred and shall be entitled to a conference if requested. 4. Teachers notified shall be given a list of known vacancies on the building closest work day prior to February 27th, March 16th, and/or April 15th. Each shall rank up to their top five preferences by the end of the applicable posting period. Choice of placement will be based on district-wide seniority. Failure to rank the list by the end of the posting period, shall be considered a waiver of that teacher’s preference. 5. Teachers subject to involuntary transfer due to just cause will not be placed until teachers who are subject to involuntary transfer due to school closure, program closure or reduction, or excess staff have been placed. 6. The involuntary transfer process is complete when the teacher subject to involuntary transfer is placed in the grade levels or subject field from a position for which it is necessary to transfer someonethey are qualified. If one of these teachers states a willingness to be transferredthere are no positions available for which they are qualified, that person the process is continued into the next posting period. 7. Placement will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer. (2) Notice of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not made no later than the end of the semester preceding the effective date of transferApril 15th posting period. 8. A teacher shall not be involuntary transferred more than once in three (3) In making involuntary transfers, the convenience and wishes of the individual teacher will be honored years. Teachers subject to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified for the open position volunteers, the teacher in the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferred. (4) An involuntary transfer for which no teacher volunteers will shall not be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified of the reasons for the decision on the transfer. In the event involuntarily reassigned in that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be finalsame year. (5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal basis with other teachers in the instructional unit. (6) Teachers being involuntarily transferred may request an interview with the principal (or other equivalent supervisor) of the unit to which transfer is being contemplated. (7) Should an appropriate vacancy occur during the summer in the building from which a teacher has been involuntarily transferred, that teacher will have the top priority to return to this open position. (8) The placement of involuntary transfers will have a priority over the relocation of voluntary transfers, the placement of teachers returning from leave, or the placement of newly hired teachers.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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