Common use of Transfers Initiated by the Board Clause in Contracts

Transfers Initiated by the Board. a. Transfers shall be made for educational reasons. Transfers shall not be initiated by the Board as a disciplinary measure or for capricious reasons. It is understood that teachers shall only be transferred under the terms of this article in unusual and/or compelling circumstances. A circumstance shall be deemed to be unusual or compelling if it is not common, ordinary or is deemed to be of a serious nature. b. A Board Official intending to recommend transfer of a teacher shall meet with the teacher at least two (2) weeks prior to the recommendation being placed before the Board. The reasons for the transfer shall be communicated to the teacher. The teacher shall have the opportunity to consider the matter and reply before the recommendation is placed before the Board. c. Teachers intended to be transferred under this Article shall be notified by April 15th. d. When the teacher receives notice that they must transfer the teacher shall have the opportunity to apply for posted vacancies and to be placed pursuant to Article E. e. In their reply the teacher shall have the opportunity to indicate any in- service needs they feel are essential as a result of the transfer. These needs will be given consideration and if approved, a program shall be funded by the Board. If the Board Official recommends in-service for a teacher as a result of a Board initiated transfer, such in-service shall be funded by the Board. f. Where practicable, any teacher who has been transferred without agreement shall not be subject to a further transfer without agreement for three school years. g. It is understood that a teacher who has received notice that they must transfer shall have the opportunity to apply for posted vacancies and to be placed pursuant to Section E, Article 22. Notwithstanding the above, the Board may, after May 31st, invoke its right to place the teacher. In effect, the teacher will receive notice and have up to May 31st to apply for posted vacancies; they will not be transferred by the Board prior to May 31st. h. It is understood that this article will not be used to facilitate a transfer initiated by the teacher pursuant to Section E, Article 24.2 unless there are unusual and/or compelling reasons to do so.

Appears in 3 contracts

Samples: Collective Agreement, Provincial Collective Agreement, Provincial Collective Agreement

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Transfers Initiated by the Board. a. Transfers 1. The Board shall be made have the right to transfer teachers covered by this Agreement for bona fide educational reasons, for budgetary reasons and for reasons of fluctuating or declining enrolment. Transfers The Board shall not be initiated by the exercise this right in an arbitrary or capricious fashion. The Board as a shall not transfer teachers for culpable disciplinary measure or for capricious reasons. It is understood that teachers shall only be transferred under the terms of this article in unusual and/or compelling circumstances. A circumstance shall be deemed to be unusual or compelling if it is not common, ordinary or is deemed to be of a serious nature. b. A Board Official intending to recommend transfer of a teacher 2. The Superintendent shall meet with the a teacher who he/she is intending to transfer at least two one (21) weeks month prior to making a recommendation to the recommendation being placed before Board in this regard. Without limiting generality, the Board. The nature of the transfer and the reasons for the transfer it shall be communicated to the teacherdiscussed at this meeting. 3. The teacher shall have the opportunity right to consider appeal the matter Superintendent's recommendation to the Personnel Committee of the Board prior to the Board making a final decision on the matter. 4. The teacher shall have the right to be accompanied by a representative of the Association at any meetings held under this article. 5. Transfers initiated by the Board shall be completed no later than May 15th in any school year to be effective at the start of the next school year, save and reply before the recommendation except when such transfer is placed before necessitated by circumstances not reasonably known to the Board. c. Teachers intended to be transferred under this Article shall be notified by April 15th. d. When the teacher receives notice that they must transfer the teacher shall have the opportunity to apply for posted vacancies and to be placed pursuant to Article E. e. In their reply the teacher shall have the opportunity to indicate any in- service needs they feel are essential as a result of the transfer6. These needs will be given consideration and if approved, a program shall be funded by the Board. If the Board Official recommends in-service for a teacher as a result of a Board initiated transfer, such in-service shall be funded by the Board. f. Where practicable, any Any teacher who has been transferred transferred, without agreement agreement, shall not be subject to a further transfer Board initiated transfer, without agreement agreement, for three (3) school years. In addition, he/she shall be entitled to preference for posted vacancies for which they have the necessary qualifications, seniority notwithstanding. g. It is understood that a 7. A teacher who has received notice that they must transfer is transferred for reasons of projected enrolment decline, position reduction or other similar reason shall have the opportunity of returning to apply for posted vacancies the position previously held in the event that the projected factors do not actually materialize. 8. When the Board transfers a teacher to an assignment involving a significantly different grade level or significantly different subject area, the teacher shall be provided with reasonable support and in-service release time to be placed pursuant to Section E, Article 22ensure professional retraining commensurate with the degree of change of assignment. 9. Notwithstanding the aboveIn addition, the Board may, after May 31st, invoke its shall have the right to place transfer any two (2) teachers who wish to exchange positions, provided the teacher. In effect, the teacher will receive notice and have up Association agrees to May 31st to apply for posted vacancies; they will not be transferred by the Board prior to May 31stsuch transfer. h. It is understood that this article will not be used to facilitate a transfer initiated by the teacher pursuant to Section E, Article 24.2 unless there are unusual and/or compelling reasons to do so.

Appears in 2 contracts

Samples: Provincial Collective Agreement, Provincial Collective Agreement

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Transfers Initiated by the Board. a. For the purposes of this Article the major geographic areas of the school district are deemed to be and contiguous area, Transfers shall be made for sound educational reasonsreasons which include the pupil enrolment in the school and the ability of the school to sustain its staffing levels. Transfers shall not be initiated by the Board used as a disciplinary measure or for capricious reasonsmeas ure . It is understood that teachers No teacher, except as indicated in Section of this article. shall only be transferred under from his/her geographic area of residence without agreement of the terms teacher, unless no vacant position remai ns in the t eacher’ s communi t y of this article in unusual and/or compelling circumstancesresidence for which he/she possesses the necess ary qualifications, as determined by the application of Article of policy of the Board of School Trustees School District NO. A circumstance teacher who is transferred from one major geographic area of residence to another shall be deemed receive a mi ni mum period of one month's written notice prior to be unusual or compelling if it is not common, ordinary or is deemed the effective date of the transfer unless the teacher agrees in writing to be of a serious nature. b. shorter time. A Board Official official intending to recommend transfer of a teacher from one school to another within the same geographic region creek and contiguous area) shall meet with the teacher at least two (2) weeks seven days prior to the recommendation being placed before effective date of the Boardtransfer. SD (Peace River South) The nature the transfer, and reasons for the transfer it shall be communicated to the teacher. The teacher may be accompanied by a representative of the Association. Transfers should be made only after full consideration of the teacher’s personal professional goals and a full discussion other alternative arrangements. In cases where less than one month’s notice transfer is deemed necessary by a Board official and the transfer includes relocation f rom one major geographic area to another, the provisions of Section shall have apply and the opportunity Board shall pay moving and relocation expenses to consider the matter teacher as determined by the Superintendent of Schools. Teachers may apply transfers to any vacant position posted up to June of each school year and reply before may apply for generally by request in writing, stating reasons for the recommendation request. to the superintendent of Schools by March 1 of each year. Teachers applying from within the district shall receive preferential consideration over applicants from outside the district, provided they possess the necessary qualifications for the position, as determined by t he Superintendent of Schools. If the request for transfer is placed before the Board. c. Teachers intended to be transferred under this Article teacher shall be notified by April 15th. d. When the teacher receives notice that they must transfer the teacher shall have the opportunity to apply for posted vacancies and to be placed pursuant to Article E. e. In their reply the teacher shall have the opportunity to indicate any in- service needs they feel are essential as a result of the transferin writing. These needs will be given consideration and if approved, a program shall be funded by the Board. If the Board Official recommends in-service for a teacher as a result of a Board initiated transfer, such in-service shall be funded by the Board. f. Where practicable, any A teacher who has been transferred without agreement shall is not be subject to granted a further transfer without agreement for three school years. g. It is understood that a teacher who has received notice that they must transfer shall have the opportunity to apply for posted vacancies and to be placed pursuant to Section E, Article 22. Notwithstanding the above, the Board may, after May 31stwithin seven days of notification, invoke its right request a meeting with the Superintendent of Schools to place discuss the teacherreasons the transfer was not effected. In effect, The teacher may be accompanied at such meeting by a representative the teacher will receive notice and have up to May 31st to apply for posted vacancies; they will not be transferred by the Board prior to May 31stAssociation. h. It is understood that this article will not be used to facilitate a transfer initiated by the teacher pursuant to Section E, Article 24.2 unless there are unusual and/or compelling reasons to do so.

Appears in 1 contract

Samples: Collective Agreement

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