Common use of Reassignment and Transfer Clause in Contracts

Reassignment and Transfer. Reassignment and transfer of members outside this section shall be limited to the following items and only after consultation with the President: (a) to achieve or maintain a balance of race or sex of the staff within each building; (b) at least sixty percent (60%) of the staff in each building shall have had prior teaching service in the Akron Public Schools; (c) to protect a member’s continuing employment. The necessity for maintaining comprehensiveness and staffing for co-curricular activities may constitute overriding reasons for transfer outside this established policy. The Department of Human Resources shall notify the President of the circumstances requiring transfer outside this established policy at the time such deviations from established policy occur. No more than two (2) full-time members may be reassigned from one (1) school building to another during any school year under this exception. For purposes of reassignment and transfer of a full time member split among buildings (excluding art, music and physical education teachers), the member shall be considered as being full time in each building in the event of a reduction or increase in the number of staff members assigned to the building. Said member shall have the right to any increase in staffing in either building before transfers of members to the building are made. To the extent Ohio/Federal law and State Department of Education regulations require that teachers be highly qualified in the subject area in which they are teaching, no member may file, nor shall Human Resources process, a member-initiated request for transfer to a position for which the member is not highly qualified as of April 30. Members who are involuntarily transferred to a 7-12 vacancy for which they are not highly qualified will be required to obtain HQT status for that assignment by April 30 of that school year or under the current state and federal guidelines, whichever is later. A member who refuses to become highly qualified by the deadline shall be required to file an involuntary transfer form requesting a position for which they are highly qualified. In the event there is no vacancy into which the member may transfer, the member’s contract shall be suspended until such time as a vacancy becomes available. The Superintendent shall furnish to the AEA the most current draft copy of each school’s building organization sheet not later than May 15. Additionally, the Superintendent shall provide to the AEA a record of all reassignments made under the provisions hereunder. Records of reassignments made as a result of the annual initial staffing in response to known vacancies and properly filed transfer requests shall be provided at the time teachers are notified of their inter-building reassignments or transfers. The provision of these records shall mark the conclusion of the annual initial staffing. Records regarding reassignments made after the annual initial staffing shall be provided to the AEA within seven (7) calendar days after requested by the AEA or the first student day, whichever is earlier.

Reassignment and Transfer. Reassignment and transfer of members outside this section shall be limited to the following items and only after consultation with the President: (a) to achieve or maintain a balance of race or sex of the staff within each building; (b) at least sixty percent (60%) of the staff in each building shall have had prior teaching service in the Akron Public Schools; (c) to protect a member’s continuing employment. The necessity for maintaining comprehensiveness and staffing for co-curricular activities may constitute overriding reasons for transfer outside this established policy. The Department of Human Resources shall notify the President of the circumstances requiring transfer outside this established policy at the time such deviations from established policy occur. No more than two (2) full-time members may be reassigned from one (1) school building to another during any school year under this exception. For purposes of reassignment and transfer of a full time member split among buildings (excluding art, music and physical education teachers), the member shall be considered as being full time in each building in the event of a reduction or increase in the number of staff members assigned to the building. Said member shall have the right to any increase in staffing in either building before transfers of members to the building are made. To the extent Ohio/Federal law and State Department of Education regulations require that teachers be highly qualified in the subject area in which they are teaching, no member may file, nor shall Human Resources process, a member-initiated request for transfer to a position for which the member is not highly qualified as of April June 30. Members who are involuntarily transferred to a 7-12 vacancy for which they are not highly qualified will be required to obtain HQT status for that assignment by April June 30 of that school year or under the current state and federal guidelines, whichever is later. A member who refuses to become highly qualified by the deadline shall be required to file an involuntary transfer form requesting a position for which they are highly qualified. In the event there is no vacancy into which the member may transfer, the member’s contract shall be suspended until such time as a vacancy becomes available. The Superintendent shall furnish to the AEA the most current draft copy of each school’s building organization sheet not later than May July 15. Additionally, the Superintendent shall provide to the AEA a record of all reassignments made under the provisions hereunder. Records of reassignments made as a result of the annual initial staffing in response to known vacancies and properly filed transfer requests shall be provided at the time teachers are notified of their inter-building reassignments or transfers. The provision of these records shall mark the conclusion of the annual initial staffing. Records regarding reassignments made after the annual initial staffing shall be provided to the AEA within seven (7) calendar days after requested by the AEA or the first student day, whichever is earlier.

Reassignment and Transfer. Reassignment and transfer of members outside this section shall be limited to the following items and only after consultation with the President: (a) to achieve or maintain a balance of race or sex of the staff within each building; (b) at least sixty percent (60%) of the staff in each building shall have had prior teaching service in the Akron Public Schools; (c) to protect a member’s continuing employment. The necessity for maintaining comprehensiveness and staffing for co-curricular activities may constitute overriding reasons for transfer outside this established policy. The Department of Human Resources shall notify the President of the circumstances requiring transfer outside this established policy at the time such deviations from established policy occur. No more than two (2) full-time members may be reassigned from one (1) school building to another during any school year under this exception. For purposes of reassignment and transfer of a full time member split among buildings (excluding art, music and physical education teachers), the member shall be considered as being full time in each building in the event of a reduction or increase in the number of staff members assigned to the building. Said member shall have the right to any increase in staffing in either building before transfers of members to the building are made. To the extent Ohio/Federal law and State Department of Education regulations require that teachers be highly qualified in the subject area in which they are teaching, no member may file, nor shall Human Resources process, a member-initiated request for transfer to a position for which the member is not highly qualified as of April 30. Members who are involuntarily transferred to a 7-12 vacancy for which they are not highly qualified will be required to obtain HQT status for that assignment by April 30 of that school year or under the current state and federal guidelines, whichever is later. A member who refuses to become highly qualified by the deadline shall be required to file an involuntary transfer form requesting a position for which they are highly qualified. In the event there is no vacancy into which the member may transfer, the member’s contract shall be suspended until such time as a vacancy becomes available. The Superintendent shall furnish to the AEA the most current draft copy of each school’s building organization sheet not later than May 15. Additionally, the Superintendent shall provide to the AEA a record of all reassignments made under the provisions hereunder. Records of reassignments made as a result of the annual initial staffing in response to known vacancies and properly filed transfer requests shall be provided at the time teachers are notified of their inter-building reassignments or transfers. The provision of these records shall mark xxxx the conclusion of the annual initial staffing. Records regarding reassignments made after the annual initial staffing shall be provided to the AEA within seven (7) calendar days after requested by the AEA or the first student day, whichever is earlier.

Reassignment and Transfer. Reassignment A. All newly employed teachers may be assigned in accordance with the procedure in this Agreement to any school appropriate to the areas of certification. Newly hired teachers must teach three years in the area of certification for which they were hired unless involuntarily transferred. B. The Committee and the Alliance recognize that some involuntary transfers of teachers from one school to another or reassignment within a school is unavoidable. The parties agree to the following procedure to affect the involuntary transfer or reassignment: 1. Notification of members outside this section involuntary transfer shall be given to the teacher no later than five (5) working days before the close of school and such transfers shall only be effective at the beginning of the following school year. 2. Involuntary transfers shall be limited to transfers necessitated by decreasing pupil enrollment and/or changes in program or curriculum. a. Involuntary transfers shall be made in reverse order of seniority by certification. b. In a circumstance where the following items and specific educational needs within a specific building can only after consultation with be attained by retaining a junior teacher, the President: (a) to achieve or maintain a balance of race or sex next least senior teacher may be transferred. c. In those circumstances where the specific educational needs of the staff system can only be attained by the retaining of a junior teacher within each a building; (b) at , the next least sixty percent (60%) of the staff in each building shall have had prior teaching service in the Akron Public Schools; (c) to protect a member’s continuing employment. The necessity for maintaining comprehensiveness and staffing for co-curricular activities may constitute overriding reasons for transfer outside this established policy. The Department of Human Resources shall notify the President of the circumstances requiring transfer outside this established policy at the time such deviations from established policy occur. No more than two (2) full-time members senior teacher may be reassigned from one (1) school building to another during any school year under this exception. For purposes of reassignment and transfer of a full time member split among buildings (excluding art, music and physical education teachers), the member shall be considered as being full time in each building in the event of a reduction or increase in the number of staff members assigned to the building. Said member shall have the right to any increase in staffing in either building before transfers of members to the building are made. To the extent Ohio/Federal law and State Department of Education regulations require that teachers be highly qualified in the subject area in which they are teaching, no member may file, nor shall Human Resources process, a member-initiated request for transfer to a position for which the member is not highly qualified as of April 30. Members who are involuntarily transferred to a 7-12 vacancy for which they are not highly qualified will be required to obtain HQT status for that assignment by April 30 of that school year or under the current state and federal guidelines, whichever is later. A member who refuses to become highly qualified by the deadline shall be required to file an involuntary transfer form requesting a position for which they are highly qualifiedtransferred. In the event there is no vacancy into which the member may transferthat volunteers for said transfer are not forthcoming, the member’s contract school committee, through its agents, shall meet with the President and/or his/her designee to explain the specific nature of the educational need and the personnel changes which will be necessary. d. In the event that an involuntary transfer must be made outside of the authority outlined in 1, 2 and 3(a), (b), or (c) above, it shall be suspended until such time as a vacancy becomes availablefor compelling reasons that the School Administration will document and explain to the Alliance and the individual. The Superintendent following procedures shall furnish govern involuntary transfers under this Section: i. Any candidate for transfer under this provision shall be transferred immediately. ii. Any teacher identified for transfer under this Section shall have the right, through the Alliance, to resort to expedited arbitration to determine whether or not the Administration's reasons are compelling. The parties shall mutually agree on a permanent arbitrator who will provide decisions to contested cases within thirty (30) days of the request for a decision. iii. Should an arbitrator rule in favor of the teacher, he/she shall be returned to his/her former position. iv. Should an arbitrator rule in favor of the Administration, the teacher will stay in the position to which he/she was transferred. 4. Any involuntary transfer will be implemented only after consultation between the teacher involved and a representative of the administration. The teacher will be notified of the reasons in writing within five (5) days of the meeting. 5. In the event that an unforeseen circumstance such as death or resignation occurs after the notification date in B.1 above and in the event that no volunteer is available to fill the position, an involuntary transfer may be made. Notification of involuntary transfer in this instance shall be communicated to the AEA the most current draft copy of each school’s building organization sheet not later than May 15. Additionally, the Superintendent shall provide to the AEA a record of all reassignments made under the provisions hereunder. Records of reassignments made as a result of the annual initial staffing teacher in response to known vacancies and properly filed transfer requests shall be provided at the time teachers are notified of their inter-building reassignments or transfers. The provision of these records shall mark the conclusion of the annual initial staffing. Records regarding reassignments made after the annual initial staffing shall be provided to the AEA writing within seven (7) calendar days after requested by the AEA or the first student day, whichever is earlier.fifteen

Reassignment and Transfer. Reassignment A. All newly employed teachers may be assigned in accordance with the procedure in this Agreement to any school appropriate to the areas of certification. Newly hired teachers must teach three years in the area of certification for which they were hired unless involuntarily transferred. B. The Committee and the Alliance recognize that some involuntary transfers of teachers from one school to another or reassignment within a school is unavoidable. The parties agree to the following procedure to affect the involuntary transfer or reassignment: 1. Notification of members outside this section involuntary transfer shall be given to the teacher no later than five (5) working days before the close of school and such transfers shall only be effective at the beginning of the following school year. 2. Involuntary transfers shall be limited to transfers necessitated by decreasing pupil enrollment and/or changes in program or curriculum. a. Involuntary transfers shall be made in reverse order of seniority by certification. b. In a circumstance where the specific educational needs within a specific building can only be attained by retaining a junior teacher, the next least senior teacher may be transferred. c. In those circumstances where the specific educational needs of the system can only be attained by the retaining of a junior teacher within a building, the next least senior teacher may be transferred. In the event that volunteers for said transfer are not forthcoming, the school committee, through its agents, shall meet with the President and/or his/her designee to explain the specific nature of the educational need and the personnel changes which will be necessary. d. In the event that an involuntary transfer must be made outside of the authority outlined in 1, 2 and 3(a), (b), or (c) above, it shall be for compelling reasons that the School Administration will document and explain to the Alliance and the individual. The following procedures shall govern involuntary transfers under this Section: i. Any candidate for transfer under this provision shall be transferred immediately. ii. Any teacher identified for transfer under this Section shall have the right, through the Alliance, to resort to expedited arbitration to determine whether or not the Administration's reasons are compelling. The parties shall mutually agree on a permanent arbitrator who will provide decisions to contested cases within thirty (30) days of the request for a decision. iii. Should an arbitrator rule in favor of the teacher, he/she shall be returned to his/her former position. iv. Should an arbitrator rule in favor of the Administration, the teacher will stay in the position to which he/she was transferred. 4. Any involuntary transfer will be implemented only after consultation between the teacher involved and a representative of the administration. The teacher will be notified of the reasons in writing within five (5) days of the meeting. 5. In the event that an unforeseen circumstance such as death or resignation occurs after the notification date in B.1 above and in the event that no volunteer is available to fill the position, an involuntary transfer may be made. Notification of involuntary transfer in this instance shall be communicated to the teacher in writing within fifteen (15) calendar days of the event giving rise to the transfer. 6. In all instances, volunteers for reassignment will be sought before an involuntary transfer is made. C. A vacancy shall be defined as the availability of a position caused by death, retirement, promotion, resignation, long term leave of absence, or lay-off. 1. Prior to the end of school, a Teacher Assignment Process will be held for the purpose of job selection and transfer. All teachers will be eligible to select a position in descending order of seniority. a. In advance of the Teacher Assignment Process a list of known vacancies which will be available during the following items school year shall be posted in all school buildings. The list shall be issued two (2) weeks prior to the scheduled Teacher Assignment Process, subject to change until the process takes place. b. The Teacher Assignment Process list shall include any specific bona fide job qualifications for any posted position as determined by the administration. c. Prior to the end of the school year, the Superintendent shall forward to the Alliance President the following: a) a list of vacancies which will be available during the following school year, b) a list of teachers who have been involuntarily transferred, and only c) a list of teachers returning from leave. d. Teachers who have been involuntarily transferred and teachers returning from leave will receive advance notice of the time and date of the Teacher Assignment Process. 2. No selection into a different area of certification will be honored under this procedure if the effect of which is to block the recall of a teacher from the recall list. A teacher must possess the appropriate Rhode Island Department of Education certificate and must meet any specific bona fide requirements in order to select the position. 3. The Superintendent or his/her designee shall be available two weeks prior to and up to the Teacher Assignment Process to discuss potential selections. 4. The Superintendent or his/her designee shall review all teacher assignments within two weekdays, not including holidays, following each teacher selection process. If the Superintendent questions the position selection of any teacher, the Superintendent shall meet with the CTA President and the affected teacher to review the selection. Subsequent to the meeting with the CTA President and the affected teacher, the Superintendent may deny the assignment of a teacher to a position if there is an overriding educational reason to prevent the placement of the teacher in the new position. The focus of the Superintendent’s review shall solely be the placement of the teacher in the new position, not to keep the teacher in her/his current position. 5. If a teacher wishes to contest the denial of a position pursuant to Section 4 above, the CTA may file for expedited arbitration within five (5) work days from receipt of notice of the denial. The parties agree to cooperate in scheduling a hearing date as soon as possible. The Superintendent has the burden of proof at the arbitration proceeding. The parties agree to limit the testimony at the hearing to one full day, unless additional time is granted by the arbitrator. The arbitrator shall issue an award within five (5) days of the close of the hearing. 6. If a teacher wins the arbitration appeal, he/she shall assume the new position. If the teacher loses the arbitration appeal from the first Teacher Assignment Process, which is normally held in June, the teacher shall assume his/her former position, unless the position was eliminated. All other selections made as a consequence will be nullified and all of those teachers will return to their previous teaching assignments. The position the teacher was not placed into shall be made available at the next scheduled Teacher Assignment Process to be held prior to the beginning of the school year. If the teacher loses the arbitration appeal from the second Teacher Assignment Process, which is normally held in the summer, the teacher shall assume his/her former position, unless the position was eliminated. All other selections made as a consequence will be nullified and all of those teachers will return to their previous teaching assignments. The position the teacher was not placed into shall be made available at the first Teacher Assignment Process to be held prior to the beginning of the next school year. 7. If a position is vacated after all involuntary transfers, voluntary transfers and teachers returning from leave have been placed and if the position cannot be filled by a teacher on layoff, and if the vacancy is to be filled, then the position shall be filled on a temporary basis until the next posting 8. In the event that a vacancy occurs or a new position is created after the completion of the voluntary round of the Teacher Assignment Process but before the opening of school, the Administration after consultation with the President: (a) to achieve or maintain a balance of race or sex of the staff within each building; (b) at least sixty percent (60%) of the staff in each building shall have had prior teaching service in the Akron Public Schools; (c) to protect a member’s continuing employment. The necessity for maintaining comprehensiveness and staffing for co-curricular activities may constitute overriding reasons for transfer outside this established policy. The Department of Human Resources shall notify the President of the circumstances requiring transfer outside this established policy at the time such deviations from established policy occur. No more than two (2) full-time members may be reassigned from one (1) school building to another during any school year under this exception. For purposes of reassignment and transfer of a full time member split among buildings (excluding art, music and physical education teachers), the member shall be considered as being full time in each building in the event of a reduction or increase in the number of staff members assigned to the building. Said member Alliance shall have the right option to any increase in staffing in either building before transfers declare the position as an expedited posting. This designation shall allow Cranston Public Schools to post the position after a seven-day waiting period for selection by qualified members within the bargaining unit. Notification of members this posting shall be the responsibility of the Human Resource office. The official posting shall be mailed to the building are madeCTA office. To The posting shall also be listed on the extent Ohio/Federal law and State Department web site of Education regulations require that teachers be highly qualified in the subject area in which they are teaching, no member may file, nor shall Human Resources process, a member-initiated request for transfer to a position for which the member is not highly qualified as of April 30. Members who are involuntarily transferred to a 7-12 vacancy for which they are not highly qualified will be required to obtain HQT status for that assignment by April 30 of that school year or under the current state and federal guidelines, whichever is later. A member who refuses to become highly qualified by the deadline shall be required to file an involuntary transfer form requesting a position for which they are highly qualifiedCranston Public Schools. In the event there that no one from within the bargaining unit bids upon this position a person may be appointed to the position on a permanent basis. All other rules and policies regarding the Teacher Assignment Process shall remain in full force and effect. 9. High school or middle school Health/Physical Education positions may be posted at Teacher Assignment Process as gender specific provided that the Administration furnishes documentation to the Alliance President verifying locker room supervision cannot be otherwise arranged. 10. Any teacher who has a rating of Ineffective or Developing as a Final Effectiveness Rating may not participate in the Teacher Assignment Process for the purpose of obtaining a voluntary transfer without the prior approval of the Superintendent or her/his designee. Requests by a teacher who has a rating of Ineffective or Developing as a Final Effectiveness Rating shall be submitted to the Superintendent or her/his designee at least one week prior to the scheduled Teacher Assignment Process date. In the event that the evaluation system is no vacancy into which eliminated, replaced or modified by RIDE in such a way that it substantively impacts the member may transferutilization of this provision, the member’s contract parties agree to reopen negotiations to address the impact. Substantive changes include, but are not limited to, the elimination of the domains utilized herein, a change to the criteria of the domains, or a change in the ratings used in the evaluation model. 11. In the event that the administration fails to complete an evaluation of a teacher in any given school year at least two weeks prior to the scheduled Teacher Assignment Process, the teacher shall be suspended until such time eligible to participate in the Teacher Assignment Process; unless the administration is unable to complete an evaluation of a teacher in any given school year due to the teacher being on a leave of absence. In that instance, the teacher shall be eligible to participate in the Teacher Assignment Process, unless the teacher’s most recent evaluation had a rating of Ineffective or Developing as a vacancy becomes availableFinal Effectiveness Rating. Notwithstanding anything to the contrary above, in the event that the evaluation of a teacher has been completed, but the required summative conference has not taken place due to the teacher’s absence, then the evaluation as completed shall be utilized for all purposes of this section. 12. The Superintendent position of a teacher who has been out on Workers Compensation leave for one year or longer shall furnish be declared a vacancy at the end of the school year and shall be filled according to the AEA Teacher Assignment Process. 13. A teacher on Workers Compensation leave for more than one year who gives notice on or before June 1 to Cranston Public Schools that he / she shall return the most current draft copy following school year shall select a position as an involuntary transfer at the Teacher Assignment Process. 14. A teacher on Workers Compensation leave for more than one year who gives notice after June 1 to Cranston Public Schools that he / she shall return the following school year shall be reinstated to a suitable position for the following school year. At the end of each school’s building organization sheet not later than May 15. Additionallythe school year, the Superintendent teacher shall provide to the AEA select a record of all reassignments made under the provisions hereunder. Records of reassignments made position as a result of the annual initial staffing in response to known vacancies and properly filed an involuntary transfer requests shall be provided at the time teachers are notified of their inter-building reassignments or transfers. The provision of these records shall mark the conclusion of the annual initial staffing. Records regarding reassignments made after the annual initial staffing shall be provided to the AEA within seven (7) calendar days after requested by the AEA or the first student day, whichever is earlierTeacher Assignment Process.