Common use of Reassignments and Transfers Clause in Contracts

Reassignments and Transfers. For the purpose of this Article, a vacancy occurs when there is a need in an allocated position for a teacher as a replacement as a result of expansion, retirement, or promotion. The Union shall be notified when a vacancy occurs. Notices of vacancies, which occur in classroom positions, shall be promptly posted in each building as is designated. Notices shall be posted for not less than five (5) working days in order to allow individual teachers the opportunity to bid on the position. Positions eliminated because of necessary staff reductions, declining enrollment, or a decision to alter course offerings are not considered vacancies and need not be posted. The Union shall be notified when positions are eliminated. Vacancies shall be filled first by teachers who are certified and qualified. Where applicable, qualified shall mean meeting the standards established by the North Central Association of Schools. The successful bidder will be the person most qualified. If all the applicants are equally qualified, the determining factor for awarding the position will be seniority. Because teacher qualifications in pilot programs may be unique and specialized, the Board reserves the right to deviate from the principle of seniority in awarding these positions. The Board may hire a new teacher if no eligible candidates currently employed have bid on the posted position within the bid period or if no laid off teacher meets the qualifications. This provision also includes the pilot alternative education project for high school students beginning September 1999. All teachers will be members of the Union but their work rules, reporting times for work, teaching schedules, and class offerings will be determined by the Administration in the best interests of these special students. The length of the day and number of days worked must conform to the master agreement. Teachers will participate in alternative programs on a voluntary basis. Vacancies shall be filled as they arise. The Board and the Union recognize that when vacancies occur during the school year, it may be difficult to fill them from within the district with full time positions without undue disruption to existing instructional programs. Therefore, the teacher awarded the posted position shall be notified in a timely manner, but the physical transfer of the successful bidder will occur at the beginning of the next semester. Notices of vacancies occurring when school is not in session shall be sent to all teachers not less than two weeks prior to the closing date for bidding on the position. Successful applicants for vacancies may not apply for a subsequent vacancy occurring during the school year in the same building in which he/she has been awarded a position. In making its selection from among the applicants for a vacancy, the Board may deviate from the principle of seniority when such deviation would best serve the instructional requirements and best interest of the school system. Such deviation, however, shall be made in good faith and not arbitrarily, capriciously, or without rational basis in fact. (This paragraph is subject to the provisions of a Memorandum of Understanding dated March 15, 1982.) Only tenured, certificated contract staff members shall have the right to bid on job postings. To further the provisions of this Agreement between the Board and the Union, as contained in Article V of this Agreement, transfer and reassignments may be directed or denied when such direction or denials is for this purpose of integrating school faculties. Direction or denial of a transfer for this purpose shall follow, whenever possible, the specifications and procedures hereinbefore state and shall be made in good faith and not arbitrarily, capriciously, or without rational basis in fact. Seniority for purposes of this section is defined as:

Reassignments and Transfers. For the purpose of this Article, a vacancy occurs when there is a need in an allocated position for a teacher as a replacement as a result of expansion, retirement, or promotion. The Union shall be notified when a vacancy occurs. Notices of vacancies, which occur in classroom positions, shall be promptly posted in each building as is designated. Notices shall be posted for not less than five (5) working days in order to allow individual teachers the opportunity to bid on the position. Positions eliminated because of necessary staff reductions, declining enrollment, or a decision to alter course offerings are not considered vacancies and need not be posted. The Union shall be notified when positions are eliminated. Vacancies shall be filled first by teachers who are certified and qualified. Where applicable, qualified shall mean meeting the standards established by the North Central Association of Schools. The successful bidder will be the person most qualified. If all the applicants are equally qualified, the determining factor for awarding the position will be seniority. Because teacher qualifications in pilot programs may be unique and specialized, the Board reserves the right to deviate from the principle of seniority in awarding these positions. The Board may hire a new teacher if no eligible candidates currently employed have bid on the posted position within the bid period or if no laid laid-off teacher meets the qualifications. This provision also includes the pilot alternative education project for high school students beginning September 1999. All teachers will be members of the Union but their work rules, reporting times for work, teaching schedules, and class offerings will be determined by the Administration in the best interests of these special students. The length of the day and the number of days worked must conform to the master agreement. Teachers will participate in alternative programs on a voluntary basisvoluntarily. Vacancies shall be filled as they arise. The Board and the Union recognize that when vacancies occur during the school year, it may be difficult to fill them from within the district with full full-time positions without undue disruption to existing instructional programs. Therefore, the teacher awarded the posted position shall be notified in a timely mannerpromptly, but the physical transfer of the successful bidder will occur at the beginning of the next semester. Notices of vacancies occurring when school is not in session shall be sent to all teachers not less than two weeks prior to before the closing date for bidding on the position. Successful applicants for vacancies may not apply for a subsequent vacancy occurring during the school year in the same building in which he/she has been awarded a position. In making its selection from among the applicants for a vacancy, the Board may deviate from the principle of seniority when such deviation would best serve the instructional requirements and best interest of the school system. Such deviation, however, shall be made in good faith and not arbitrarily, capriciously, or without rational basis in factbasis. (This paragraph is subject to the provisions of a Memorandum of Understanding dated March 15, 1982.) Only tenured, certificated contract staff members shall have the right to bid on job postings. To further the provisions of this Agreement between the Board and the Union, as contained in Article V of this Agreement, transfer and reassignments may be directed or denied when such direction or denials is for this purpose of integrating school faculties. Direction or denial of a transfer for this purpose shall follow, whenever possible, the specifications and procedures hereinbefore state and shall be made in good faith and not arbitrarily, capriciously, or without rational basis in factbasis. Seniority for purposes of this section is defined as: