Transfer – Involuntary. A. An involuntary transfer can occur for multiple reasons, including but not limited to the following:
1. A substantial reduction in the funds available to the Board, or expenses exceed available funding.
2. The discontinuance of a particular type of teaching service.
3. The expansion of a particular type of teaching service.
4. A change in pupil enrollment (school) (district).
5. A reduction in building staff size (change in Title status).
6. Boundary changes.
7. School opening or closing. The process defines specifically that the two overriding variables in the involuntary transfer process are district seniority and whenever possible a least-disruptive process. • In the event a unique or unforeseen situation occurs, the district and Association will review the matter in an effort to satisfy the interests of all the parties involved. • If an involuntary transfer needs to occur, staff will not be placed in the following prioritized programs, but may apply for a position within these programs: o Dual Language Immersion o Structured Learning Centers – Academic o Transition Learning Centers (previously known as Structured Learning Centers – Behavior) o The following District Charters: Clackamas Middle College Clackamas Web Academy • With the exception of the District negotiated prioritized programs, a unit member with more district seniority shall have priority regarding selection and placement into another assignment over other unit members with less district seniority, as long as the senior member is qualified—or can become licensed/qualified—by the time the unit member is to begin performing the duties of the new assignment. • In the event that a unit member needs to be involuntarily transferred, the following process will be considered when adhering to least disruptive. The unit manager will determine the grade level/department that will be affected. The following will be considered: The least senior member at the affected grade level or department will be the person involuntarily transferred unless a more senior member volunteers to leave or the least senior member qualifies for one of the following: o The least senior member is on a plan of assistance o The least senior member is in probationary status and is in the first three (3) years of the profession and has had at least one student contact day in their current building o The transfer creates or worsens a linguistic, race, or gender imbalance. The following qualifiers will be considered, in n...
Transfer – Involuntary.
9 1. The Superintendent or designee has the right to transfer involuntarily any employee within 10 their discretion except that no involuntary transfer shall be for disciplinary reason(s) only, 11 and no employee assigned within a county shall be transferred involuntarily to an 12 assignment outside of that county.
13 2. The Superintendent or designee has the right to transfer involuntarily any employee on a 14 temporary basis within their discretion, subject to the limitations in paragraph number one
15 (1) immediately above. Any employee involuntarily transferred on a temporary basis shall 16 receive reimbursement for mileage based on the difference between travels involving the 17 regular assignment from travel required by the temporary assignment.
18 3. If Education Code Section 45101 (e) is applicable to any involuntary transfer under this 19 Article, then any such involuntary transfer shall be consistent with Education Code Section 20 45101 (e).
21 4. An employee involuntarily transferred or transferred due to layoff shall be reimbursed at 22 the current approved mileage rate for total new round trip miles less the previous round trip 23 commute. In order to qualify, the new round trip must be at least 20 miles more than the 24 previous round trip. An employee shall be reimbursed such excess mileage up to 36 25 months, unless one or both of the following occur:
26 a) Commute becomes less than previous commute and does not meet the qualifying 27 conditions stated above.
28 b) Employee voluntarily changes jobs, even if at the same job site. If an employee’s 29 commute increases due to a living location change, reimbursement amount does not 30 change.
Transfer – Involuntary. An employee subject to involuntary transfer shall have the opportunity for a formal conference with all the employee’s immediate supervisors (pre- transfer supervisor and post-transfer supervisor). Upon request of the employee, the employee shall be entitled to know the reason for the transfer and such alternatives as the employer may have considered in making the transfer. If the employee is dissatisfied with the reason for the transfer, the employee shall have option of resigning without prejudice.
Transfer – Involuntary a. Except where transfer is requested by a teacher, the Board shall notify any teacher and the Association of a proposed transfer and the reasons for such transfer. Such notification shall be given in writing on or before the last scheduled school day whenever possible. If the teacher objects to the transfer, he/she may provide written indication of his/her feelings against the transfer to the Superintendent and the Association.
b. The Association recognizes the Board’s responsibility and authority to assign teachers to meet the needs of the School District. One or more of the criteria below will be considered in the assignment and transfer of teachers. If a teacher is required to change building, elementary grade level or secondary subject assignment (i.e., art, math, science, etc.) in addition to the procedure outlined in paragraph a., any teacher objecting to the transfer pursuant to paragraph a. will be given the opportunity to discuss the transfer with the Superintendent. No bargaining unit member who has been involuntarily transferred shall be involuntarily transferred again for one (1) year from the effective date of transfer unless agreement between the District and the Association that the move would save a teaching position and/or prevent the furlough of an existing employee. Excluded from this provision are special education, gifted and special area teachers such as music, art and physical education and any teacher whose transfer is necessitated by district wide, building level or class declining enrollment.
c. The Superintendent has the authority for the assignment of teachers. Teacher transfer will take place by using one or more of the following criteria:
1) Needs of students, as defined by the Board (after input from the teacher involved in the transfer).
2) District program needs.
3) Desires and goals of the teacher.
4) Quality of performance in prior assignments (including sponsorship of extra-curricular activities).
5) Seniority (length of service in Rose Tree Media).
6) Length of professional service.
7) Academic achievement (degree status).
Transfer – Involuntary. If involuntary transfers become necessary due to the overall reduction of teachers in a particular building, the Board shall consider any volunteer(s) for such positions provided such volunteer(s) are legally qualified to fill the position(s). A reasonable effort will be made not to transfer any teacher(s) who has been involuntarily transferred one school year the following school year without the teacher’s consent.
Transfer – Involuntary. The District may make involuntary transfers at any time 16 for the following reasons:
(a) To establish or maintain a mix of experience;
(b) To establish or maintain proper ethnic distribution or gender equity;
Transfer – Involuntary. 9.5.1 The Superintendent may make such lateral transfers as needed for the operation of a department or school site.
9.5.2 Involuntary transfers shall not be punitive in nature and shall be based on the District’s legitimate, educationally related needs.
9.5.3 The District and UASF will review the procedures for the selection of supervisory personnel and make recommendations for any changes to current practices as needed.
9.5.4 When a member of the unit is no longer required in a supervisory position, the employee shall be entitled to be transferred to the teaching staff in a position equivalent to the one previously held with credit for seniority granted in accordance with the Education Code.
9.5.5 A supervisory employee who is reassigned pursuant to a reduction in force shall be considered for appointment to his/her former supervisory position, if such position becomes available within two years.
9.5.6 The District shall notify unit members of involuntary transfer assignments preferably by the end of the School Year.
Transfer – Involuntary. When it is necessary to involuntarily transfer or reassign Employees in a school, to the extent possible, all volunteers for said transfers will be first to be considered. If an Employee is involuntarily transferred, every attempt will be made to not involuntarily transfer the same Employee for a period of one (1) school year following the year of transfer. Written notification of involuntary transfers will be given to both the Employee to be transferred and the Association President as soon as possible. The intent is that, when possible, this notification will be at least forty‐five (45) days prior to the end of the current school year.
Transfer – Involuntary. When it is necessary to involuntarily transfer or reassign employees within a building or classification, the District shall first seek and consider all employee volunteers. Seniority and qualifications shall be considered in any transfer/assignment. An employee subject to involuntary transfer shall have the opportunity for a formal conference with all the employee's immediate supervisors (pre-transfer supervisor and post-transfer supervisor). Upon request of the employee, the employee shall be entitled to know the reason for the transfer and such alternatives as the employer may have considered in making the transfer. If the employee is dissatisfied with the outcome of the conference with immediate supervisors, the employee may request a meeting with the Superintendent to discuss the transfer. If the employee is dissatisfied with the outcome of this meeting, the employee shall have option of resigning without prejudice.
Transfer – Involuntary. 9.3.1 The Superintendent may make such lateral transfers as needed for the operation of a department or school site.
9.3.2 Involuntary transfers shall not be punitive in nature and shall be based on the District’s legitimate, educationally related needs.
9.3.3 When a member of the unit is no longer required in a supervisory position, the employee shall be entitled to be transferred to the teaching staff in a position equivalent to the one previously held with credit for seniority granted in accordance with the Education Code.
9.3.4 A supervisory employee who is reassigned pursuant to a reduction in force shall be considered for appointment to his/her former supervisory position, if such position becomes available within two years.
9.3.5 The District shall attempt to notify unit members of involuntary transfer assignments as soon as administratively feasible, preferably by the end of the School Year.
