TRANSFER AND SURPLUS Clause Samples
The "Transfer and Surplus" clause governs how any surplus funds or assets remaining after the fulfillment of contractual obligations are handled, as well as the process for transferring such surplus. Typically, this clause specifies the conditions under which surplus resources are identified and details the method for distributing or reallocating them, such as returning excess funds to a client or transferring unused materials to another party. Its core practical function is to ensure transparency and fairness in the disposition of surplus assets, preventing disputes and clarifying the parties' rights regarding any remaining value at the end of a contract.
TRANSFER AND SURPLUS. 1. Transfers and Surpluses Initiated by the Board
a. The superintendent, or designate, intending to recommend transfer of a teacher for reasons other than declining enrollment shall meet with the teacher at least seven (7) days prior to the recommendation being placed before the Board. The nature of the transfer, and the reasons for it shall be communicated to the teacher and the Union. At such meeting the teacher may be accompanied by a member of the Union. The teacher shall have the opportunity to consider the matter and shall have five (5) days to reply.
b. Transfers shall not be initiated by the Board for arbitrary or disciplinary reasons. Transfers may occur pursuant to Article E.2.4.d (Harassment/Sexual Harassment).
c. Where the Board initiates a transfer or surplus after the start of the school year, and where the assignment is different from the current assignment, the Board will assist the teacher in the relocation of materials if required and may provide some preparation time prior to the assumption of their teaching duties.
d. The Board may transfer a teacher to an assignment involving a significantly different grade level or significantly different subject area, only if:
i. there remain no vacancies in the teacher’s existing grade level or subject area for which the teacher has the necessary qualifications;
ii. the teacher has the least district-wide seniority among teachers in the teacher’s existing grade level or subject area;
iii. the Board provides adequate support and in-service release time to ensure professional retraining commensurate with the degree of change of assignment;
iv. the teacher is offered priority in future vacancies in the teacher’s existing grade level or subject area.
e. Where the Board initiates a surplus from the staff of a school for bona fide educational, budgetary, declining enrollment, reconfiguration or other such reasons:
i. unless a more senior teacher agrees to be surplused, the surplus shall be effected in reverse order of district seniority of teachers in that school, provided that the teachers retained on the staff of the school possess the necessary qualifications for the positions available;
ii. if not, the principal will match the educational needs of the school with the necessary qualifications of school staff members. This process may require teachers to teach courses or grade levels they are qualified to teach but which might not have been their preference;
iii. teachers declared surplus to the school ...
TRANSFER AND SURPLUS. L53.01 For the purposes of this section:
TRANSFER AND SURPLUS. 53.01 For the purposes of this section: