Common use of Transfer – Involuntary Clause in Contracts

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 no particular order:  Bilingual/Multilingual ability – least senior member retained has bilingual or multilingual ability relevant to the building assignment where 10% of the school’s student population have in common a language other than English spoken at home, and the professional educator is proficient in ACTFL Level 4 (or equivalent) of that language. The intent is to not diminish the percentage of staff to students relative to the school community’s linguistic demographics.  Racial Balance – change in assignment of least senior member would decrease the building’s percentage of educators who reflect the racial makeup to less than that of the historically underserved student populations at the school site. The intent is to not diminish the percentage of staff who represent historically underserved students relative to the school community’s racial demographics.

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 unit members 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, linguistic or gender race imbalance. The following qualifiers will be considered, in no particular order:  ▪ Bilingual/Multilingual ability – least senior member retained has bilingual or multilingual ability relevant to the building assignment where 10% of the school’s student population have in common a language other than English spoken at home, and the professional educator is proficient in ACTFL Level 4 (or equivalent) of that language. The intent is to not diminish the percentage of staff to students relative to the school community’s linguistic demographics.  ▪ Racial Balance – change in assignment of least senior member would decrease the building’s percentage of educators who reflect the racial makeup to less than that of the historically underserved student populations at the school site. The intent is to not diminish the percentage of staff who represent historically underserved students relative to the school community’s racial demographics. ▪ Seniority rank will be utilized as these qualifiers are being considered. ✓ In the event that no opening exists at the time during the year when the unit member must be involuntarily transferred, the unit member will displace the least senior member in the district in any position for which the involuntarily transferred unit member is licensed/qualified to teach. • In the event no vacancy exists at the time the involuntary transfer is being considered, then the unit member’s seniority rights as stipulated in Section 9.3.A in the agreement, shall be determined and activated when appropriate. • Prior to the implementation of an involuntary transfer, the Executive Director of Human Resources will notify the Association in a timely manner and arrange a meeting with the parties in interest to explain the cause of the transfer(s), to review the procedures and rights of those involved, and stipulate the timelines for implementation. B. If an involuntary transfer is necessary and a tentative decision for such involuntary transfer(s) is determined, but prior to the final decision being made, a meeting will be held to inform the unit member of the reason(s) for such transfer. The unit member will be given the opportunity to ask questions regarding the proposed transfer and, if appropriate to the cause of the proposed transfer, to present evidence and/or reasons on their behalf to dispute or to alter the conditions of the proposed transfer. The meeting will include the unit member involved, unit member representative, the principal, and the superintendent or designee, at which time the member will be informed of the reasons for the transfer. The meeting shall be preceded by a written notice of the subject to be discussed at the meeting. X. Xxxxxx of involuntary transfer shall be given to the unit member as soon as the decision to transfer has been made. Notification during the summer shall be by certified letter, return receipt requested, to the most recent address on file in the Human Resources Department. D. The unit member shall be informed of appropriate vacancies known at the time of the transfer and shall be able to indicate preference of assignment. E. The unit member shall have the opportunity to visit the new assignment prior to transfer. F. When a unit member is required to involuntary change building assignments after school has started, adequate time (three to five working days) shall be given without class responsibility for moving and preparing for a new assignment. Other options agreeable to the district shall be considered. X. A unit member involuntarily transferred due to a reduction in force will be allowed to transfer back to the original building within three years of the involuntary transfer when an opening exists for which the unit member is qualified. H. Normally, no unit member shall be subject to an involuntary transfer more than two times in any five-year period. Exceptions would include those transferred due to staff reductions. I. Notice of placement shall be given to transferred unit members as soon as a decision has been made and where possible, before the end of the school year. If the district cannot place a unit member by the end of the school year, it will so notify the unit member prior to June 10, including the difficulty, and what placement is available prior to June 10. The unit member will then be allowed to choose the district’s current placement offer, if one exists, by the end of the school year or will wait for a later placement. X. Xx involuntary transfer shall not be considered discipline. The district has the right to involuntarily transfer unit members; involuntary transfer is not subject to just cause. K. When a unit member is required to involuntarily change building assignments between school years, they may access a maximum of 32 hours to move, paid at the curriculum rate.

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 no particular order:  ▪ Bilingual/Multilingual ability – least senior member retained has bilingual or multilingual ability relevant to the building assignment where 10% of the school’s student population have in common a language other than English spoken at home, and the professional educator is proficient in ACTFL Level 4 (or equivalent) of that language. The intent is to not diminish the percentage of staff to students relative to the school community’s linguistic demographics.  ▪ Racial Balance – change in assignment of least senior member would decrease the building’s percentage of educators who reflect the racial makeup to less than that of the historically underserved student populations at the school site. The intent is to not diminish the percentage of staff who represent historically underserved students relative to the school community’s racial demographics. ▪ Gender Balance – change in assignment of least senior member would eliminate or decrease the building’s percentage of underrepresented male or female educators, to less than 30% percent of the grade level/or departments staff population. ▪ Seniority rank will be utilized as these qualifiers are being considered. ✓ In the event that no opening exists at the time during the year when the unit member must be involuntarily transferred, the unit member will displace the least senior member in the district in any position for which the involuntarily transferred unit member is licensed/qualified to teach. • In the event no vacancy exists at the time the involuntary transfer is being considered, then the unit member’s seniority rights as stipulated in Section 9.3.A in the agreement, shall be determined and activated when appropriate. • Prior to the implementation of an involuntary transfer, the Executive Director of Human Resources will notify the Association in a timely manner and arrange a meeting with the parties in interest to explain the cause of the transfer(s), to review the procedures and rights of those involved, and stipulate the timelines for implementation. B. If an involuntary transfer is necessary and a tentative decision for such involuntary transfer(s) is determined, but prior to the final decision being made, a meeting will be held to inform the unit member of the reason(s) for such transfer. The unit member will be given the opportunity to ask questions regarding the proposed transfer and, if appropriate to the cause of the proposed transfer, to present evidence and/or reasons on their behalf to dispute or to alter the conditions of the proposed transfer. The meeting will include the unit member involved, unit member representative, the principal, and the superintendent or designee, at which time the member will be informed of the reasons for the transfer. The meeting shall be preceded by a written notice of the subject to be discussed at the meeting. X. Xxxxxx of involuntary transfer shall be given to the unit member as soon as the decision to transfer has been made. Notification during the summer shall be by certified letter, return receipt requested, to the most recent address on file in the Human Resources Department. D. The unit member shall be informed of appropriate vacancies known at the time of the transfer and shall be able to indicate preference of assignment. E. The unit member shall have the opportunity to visit the new assignment prior to transfer. F. When a unit member is required to involuntary change building assignments after school has started, adequate time (three to five working days) shall be given without class responsibility for moving and preparing for a new assignment. Other options agreeable to the district shall be considered. X. A unit member involuntarily transferred due to a reduction in force will be allowed to transfer back to the original building within three years of the involuntary transfer when an opening exists for which the unit member is qualified. H. Normally, no unit member shall be subject to an involuntary transfer more than two times in any five-year period. Exceptions would include those transferred due to staff reductions. I. Notice of placement shall be given to transferred unit members as soon as a decision has been made and where possible, before the end of the school year. If the district cannot place a unit member by the end of the school year, it will so notify the unit member prior to June 10, including the difficulty, and what placement is available prior to June 10. The unit member will then be allowed to choose the district’s current placement offer, if one exists, by the end of the school year or will wait for a later placement. X. Xx involuntary transfer shall not be considered discipline. The district has the right to involuntarily transfer staff; involuntary transfer is not subject to just cause.

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 no particular order:  Bilingual/Multilingual ability – least senior member retained has bilingual or multilingual ability relevant to the building assignment where 10% of the school’s student population have in common a language other than English spoken at home, and the professional educator is proficient in ACTFL Level 4 (or equivalent) of that language. The intent is to not diminish the percentage of staff to students relative to the school community’s linguistic demographics.  Racial Balance – change in assignment of least senior member would decrease the building’s percentage of educators who reflect the racial makeup to less than that of the historically underserved student populations at the school site. The intent is to not diminish the percentage of staff who represent historically underserved students relative to the school community’s racial demographics.