Common use of VACANCIES AND TRANSFERS Clause in Contracts

VACANCIES AND TRANSFERS. A. Whenever any vacancy in a professional position in the bargaining unit shall occur, the District will give written notice of the vacancy to the Association, including a general statement regarding the required qualifications for the position. 1. Any teacher may apply for such vacancy. In filling such vacancy, the District agrees to give due weight to the professional certification, professional experiences, whether the individual is “highly qualified” as described in the Elementary and Secondary Education Act and related background of all applicants and the length of time each has been in the Midland school system. Within a reasonable time after the notification of a vacancy, all applicants will be informed that the position has been filled, or the notification withdrawn. 2. A vacant position will not be filled, except on a temporary basis, within thirteen (13) calendar days from the date of notification to the Association. 3. When a vacancy occurs within the last thirteen (13) calendar days prior to the orientation day of a new school year, although the Association will be notified of this vacancy, the first priority must go to filling the position for the new school year. Therefore, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week period. 4. When a vacancy is filled in the period from thirteen (13) days prior to the orientation day of the new school year through November 1, it will be filled by hiring a teacher who will have all rights accorded all members of the bargaining unit except that the teacher may be reassigned at the beginning of the succeeding school year, solely at the discretion of the District, to any comparable position for which the teacher is certified. The language in Article XVII, 4. shall not apply when the vacancy occurs as the result of a retirement. The District may elect to fill a teaching vacancy by hiring a teacher at any point during the year. 5. When a vacancy occurs during a school year after November 1, the position may be filled on a temporary basis. B. Although the District and the Association recognize that frequent transfers of teachers from one school administrative unit to another are disruptive of the educational process and interfere with optimum teacher performance, they also recognize that some transfers will be necessary for administrative purposes and to ensure a fair distribution of experienced and qualified teachers through the system. Therefore, they agree as follows: 1. Teachers will not be transferred from one school building to another during the school year except under circumstances where the enrollment in a given building is of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and the District. 2. Transfers of teachers will fall into two categories: voluntary and involuntary.

VACANCIES AND TRANSFERS. A. Whenever any vacancy in a professional position in the bargaining unit shall occur, the District will give written notice of the vacancy to the Association, including a general statement regarding the required qualifications for the position. 1. Any teacher may apply for such vacancy. In filling such vacancy, the District agrees to give due weight to the professional certification, professional experiences, whether the individual is “highly qualified” As soon as described in the Elementary and Secondary Education Act and related background of all applicants and the length of time each has been in the Midland school system. Within a reasonable time possible after the notification of a vacancySuperintendent becomes aware of, all applicants will be informed that the position has been filled, or the notification withdrawn. 2. A vacant position will not be filled, except on a temporary basis, within thirteen (13) calendar days from the date of notification to the Association. 3. When a vacancy occurs within the last thirteen (13) calendar days prior to the orientation day of a new school year, although the Association will be notified of this vacancy, the first priority must go to filling the position for the new school year. Therefore, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week period. 4. When a vacancy is filled in the period from thirteen (13) days prior to the orientation day of the new school year through November 1, it will be filled by hiring a teacher who will have all rights accorded all members of the bargaining unit except that the teacher may be reassigned at the beginning of the succeeding school year, solely at the discretion of the District, to any comparable position for which the teacher is certified. The language in Article XVII, 4. shall not apply when the vacancy occurs as the result of a retirement. The District may elect and determines to fill a teaching vacancy by hiring a teacher at or new position, he/she will electronically notify all bargaining unit members via school email. This will include any point during the year. 5new positions. When a vacancy occurs during the school term, a school year after November transfer will be granted in keeping with this policy only when the transfer will have a minimal effect upon students. Members of the instructional staff who desire a change in grade, building, and/or subject assignment in keeping with certification/licensure areas, may file a written statement of such desire with the Superintendent or his/her designee by March 1, the position may be filled on a temporary basis. B. Although the District and the Association recognize that frequent transfers of teachers from one school administrative unit to another are disruptive If two or more members of the educational process and interfere with optimum teacher performanceinstructional staff submit written requests, they also recognize that some transfers the following criteria will be necessary for administrative purposes and to ensure a fair distribution of experienced and qualified teachers through used in filling the system. Therefore, they agree as follows:vacancy. 1. Teachers will not be transferred from one school building to another during Highest grade of certification/licensure in the school year except under circumstances where the enrollment in a given building is of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and the Districtvacant area. 2. Transfers Most experience in a position the same as the vacant position. 3. Previous written evaluations, professional portfolio, and a meeting(s) with the building principal and/or his/her designee(s) to present what the candidate believes makes him/her appropriate for the position. 4. Where the foregoing factors are substantially equal or off-set each other, the candidate with the greatest seniority in the school district normally will be given the transfer. If the administration grants the transfer to a candidate with less seniority or recommends employment to an outside candidate to fill the vacancy, the candidate with the greatest seniority may request and be granted a meeting with the Superintendent and the building principal in whose building the vacancy exists. The teacher may have a representative of teachers his/her choice attend this meeting. The purpose of the meeting will fall into two categories: voluntary be to answer questions and involuntarysupply the written reasons why this situation was abnormal. The administration and the teacher shall not use these reasons for any further purpose and they will not be placed in the teacher's personnel file. C. Whenever a vacancy arises or a new position is created, the Superintendent will not recommend nor shall the Board act to fill, permanently, such vacancy or position until at least three (3) days1 after the notification provision found in paragraph one (1) of this policy has been followed. The Superintendent may recommend and the Board may act to employ an outside candidate for a vacancy 1 As used in this Section, a “day” shall be a school day during the adopted school calendar and a weekday (Monday through Friday) excluding legal holidays during the summer vacation. between July 19 and the beginning of the ensuing school year without waiting three (3) days as set forth above. D. A unit member shall not be involuntarily transferred should it cause a “highly qualified” member to be placed in a position where he/she would become not “highly qualified” as required and defined by the No Child Left Behind Act and the Ohio Department of Education. E. 1. Bargaining unit positions which are created due to increased enrollment and/or scheduling that are .2 (two-tenths) of a contract shall be offered first to unit members who are then on a fractional contract and who are within the department which needs the additional coverage. If declined within the department, by all such members, then the position shall be posted internally within the District, in the manner provided in Subsection A above prior to external posting. All interviews for the posted internal vacancy shall have teacher participation as practiced in the building where the vacancy exists. Should no unit member be selected to fill the vacancy, then the vacancy may be posted and filled externally. Should an applying unit member who is outside the department in which the position exists not receive it, the unit member, upon his/her request, and in lieu of any potentially otherwise applicable provision in Subsection B above about the method of informing a more senior member about her/his not receiving a position, shall be provided clear reason(s) orally as to why he/she was not selected for the position. The reason(s) as so provided by the administration, shall not be subject to Section 7.04, and no record of the inquiry or response will be kept by the administration. The unit member may request to have a representative of his/her choice to attend this meeting.

VACANCIES AND TRANSFERS. A. Whenever any A vacancy in a shall be defined for purposes of this agreement as: A professional position in within the bargaining unit shall occurpresently known to be open for eighty (80) school calendar work days or more because it was newly created, the District will give written notice or by reason of the vacancy to permanent separation (by resignation, death, discharge, transfer, etc.) of the Association, including a general statement regarding the required qualifications for teacher formerly in the position. A position shall also be deemed to be a vacancy after the teacher formerly in the position has been on sick leave for at least 120 school calendar work days. 1. Any teacher Vacancies shall be emailed as a courtesy to all bargaining unit members at their school email address and posted on a designated bulletin board in each district building along with a copy of such posting to the Association. Positions as above described shall be posted within seven (7) school calendar workdays of the vacancy and shall be posted at least seven (7) school calendar workdays prior to being filled. Teachers may apply for such vacancy. In filling such vacancy, the District agrees to give due weight positions by submitting a written application to the professional superintendent or designee. Applicants must meet all state and federal mandates for certification and qualification. Selection will be by interview, weighing factors such as teaching experiences, flexibility of certification, professional experiencesand overall competence as judged by evaluation reports and other relevant factors. Seniority may be used as a selection factor if all other selection factors are equal. If allowed by law, tenured teachers would have preference over probationary teachers, and both tenure and probationary teachers would have precedence over new hires. The final decision will rest with the Board and shall not be subject to the grievance procedure. During a time when school is not in session, notice of vacancies shall be sent to the address of record or to the email address of all teachers who have submitted a written request by June 1 to the Superintendent. The written request shall state whether the individual is “highly qualified” as described in notice of vacancy shall be sent by mail or email. Notices of vacancies shall also be posted on the Elementary and Secondary Education Act and related background of all applicants and the length of time each has been in the Midland school system. Within a reasonable time after the notification of a vacancy, all applicants will be informed that the position has been filled, or the notification withdrawnwebsite for ten calendar days. 2. A vacant position will not be filled, except on a temporary basis, within thirteen (13) calendar days from The Association recognizes that when vacancies occur during the date of notification to the Association. 3. When a vacancy occurs within the last thirteen (13) calendar days prior to the orientation day of a new school year, although it may be difficult to fill them from within the Association will be notified of this vacancy, the first priority must go to filling the position for the new school year. Therefore, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week period. 4. When a vacancy is filled in the period from thirteen (13) days prior district without undue disruption to the orientation day of the new school year through November 1, it will be filled by hiring a teacher who will have all rights accorded all members of the bargaining unit except that the teacher may be reassigned at the beginning of the succeeding school year, solely at the discretion of the District, to any comparable position for which the teacher is certifiedexisting instructional program. The language in Article XVII, 4. shall not apply when the vacancy occurs as the result of a retirement. The District may elect to fill a teaching vacancy by hiring a teacher at any point during the year. 5. When a vacancy occurs during a school year after November 1, the position Such vacancies may be filled on a temporary basisbasis for less than eighty (80) school calendar work days unless otherwise mutually agreed, subject to the requirements of section 15 of PERA. 3. The Association shall be notified by the Board within seven (7) school calendar workdays of the filling of any teaching vacancy. 4. A vacancy need not be posted if the Board in its discretion determines the vacancy should instead be filled through the recall of a laid off teacher. B. Although Transfers shall be defined as either a voluntary or involuntary move from one position to another within the District bargaining unit. This would include grade level changes in the elementary, change of subject area in the Middle School, and department changes in the High School. Positions of half time or more which are vacated due to the transfer of the teacher formerly in the position shall be posted. 1. Requests by a teacher for transfer to a different class, building or position shall be made in writing and filed with the superintendent by March 1. The application shall set forth the reason for transfer, the school, grade or position sought, and the Association recognize that frequent transfers applicant’s academic qualifications. Such request shall be renewed by the member once each year to assure active consideration by the Board. C. Unless prohibited by law, assignment shall be defined as a specific schedule of teachers from one school administrative unit to another are disruptive of the educational process and interfere with optimum teacher performance, they also recognize that some transfers will be necessary classes within a subject area or a specific grade level for administrative purposes and to ensure a fair distribution of experienced and qualified teachers through the system. Therefore, they agree as follows:self-contained classrooms. 1. Teachers will not be transferred from one school building to another during shall receive notice of their tentative assignments for the following school year except under circumstances where prior to the enrollment in a given building is of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and the Districtlast student school day. 2. Transfers Prior to March 1 of each year, teachers may advise their principal of assignment preferences. 3. Any change in assignment that is necessary after June 1 shall be communicated immediately to the affected teacher(s). 4. Looping: If one or more members volunteer to loop (stay with same elementary class for two consecutive years), each member will fall into two categories: voluntary be allowed to return to the initial grade to which the teacher was assigned when he/she agreed to loop. 5. A staffing review committee consisting of the Superintendent, the FEA President, an Association representative from each building and involuntaryprincipals shall meet to review the curriculum guide offerings/positions available for the next school year. The committee shall meet by May 15 and as needed to review proposed staffing assignments and ensure compliance with the Master Agreement.

VACANCIES AND TRANSFERS. A. Whenever any A vacancy shall be defined as an unfilled position previously held by a paraprofessional that the Board intends to fill or when a new position is created. Temporary vacancies that occur due to a leave of absence by a paraprofessional of six weeks (30 work days) or less shall not be considered a vacancy as defined by this Article and shall not be subject to the conditions set forth. B. When a vacancy exists within the bargaining unit and the Board decides to fill it, notice of such vacancy will be posted on the staff bulletin board, and a copy sent to the Association president. Vacancies shall not be permanently filled until after such position has been posted for a period of ten (10) working days. The notice shall include the job title, program and program site in a professional which the vacancy exists. The District shall also have posted at each program site where paraprofessionals regularly work, an outline of the basic duties of each position in the bargaining unit shall occur, the District will give written notice of the vacancy to the Association, including a general statement regarding the required qualifications for the position. 1. Any teacher may apply for such vacancy. In filling such vacancy, the District agrees to give due weight to the professional certification, professional experiences, whether the individual is “highly qualified” as described in the Elementary and Secondary Education Act and related background of all applicants and the length of time each has been in the Midland school systemunit. Within a reasonable amount of time after the notification close of the posting period, the position will be filled. C. Request by a paraprofessional for a transfer to a different position shall be made in writing, and filed with the Superintendent or his designee. The application shall set forth the reasons for transfer, the school, level, or position sought and the applicant's qualifications. Such requests shall be reviewed whenever positions within the district become available and shall expire June 30 of the school year in which it was submitted. D. Any paraprofessional who fills a vacancy by transfer shall not be allowed another transfer for one calendar year unless such transfer is in the best interests of the district as determined by the Board. E. An involuntary transfer will be made in case of emergency or to prevent disruption of the instructional program. The Superintendent or his designee shall notify the respective paraprofessional and the Association president of reasons for such transfer as soon as possible. F. When filling a vacancy, all applicants will be informed that the position has been filledboard or its designee shall consider the following: experience, or performance, training, length of district service, ability, attitude and evaluations. The decision of the notification withdrawn. 2. A vacant position will not be filled, except on a temporary basis, within thirteen (13) calendar days from the date of notification Board as to the Associationfilling of vacancies shall be final. 3. When a vacancy occurs within the last thirteen (13) calendar days prior to the orientation day of a new school year, although the Association will be notified of this vacancy, the first priority must go to filling the position for the new school year. Therefore, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week period. 4. When a vacancy is filled in the period from thirteen (13) days prior to the orientation day of the new school year through November 1, it will be filled by hiring a teacher who will have all rights accorded all members of the bargaining unit except that the teacher may be reassigned at the beginning of the succeeding school year, solely at the discretion of the District, to any comparable position for which the teacher is certified. The language in Article XVII, 4. shall not apply when the vacancy occurs as the result of a retirement. The District may elect to fill a teaching vacancy by hiring a teacher at any point during the year. 5. When a vacancy occurs during a school year after November 1, the position may be filled on a temporary basis. B. Although the District and the Association recognize that frequent transfers of teachers from one school administrative unit to another are disruptive of the educational process and interfere with optimum teacher performance, they also recognize that some transfers will be necessary for administrative purposes and to ensure a fair distribution of experienced and qualified teachers through the system. Therefore, they agree as follows: 1. Teachers will not be transferred from one school building to another during the school year except under circumstances where the enrollment in a given building is of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and the District. 2. Transfers of teachers will fall into two categories: voluntary and involuntary.

VACANCIES AND TRANSFERS. A. Whenever any A vacancy shall be defined as an unfilled position previously held by a paraprofessional that the Board intends to fill or when a new position is created. Temporary vacancies that occur due to a leave of absence by a paraprofessional of six weeks (30 work days) or less shall not be considered a vacancy as defined by this Article and shall not be subject to the conditions set forth. B. When a vacancy exists within the bargaining unit and the Board decides to fill it, notice of such vacancy will be posted on the staff bulletin board, and a copy sent to the Association President. Vacancies shall not be permanently filled until after such position has been posted for a period of ten (10) working days. The notice shall include the job title, program and program site in a professional which the vacancy exists. The District shall also have posted at each program site where paraprofessionals regularly work, an outline of the basic duties of each position in the bargaining unit shall occur, the District will give written notice of the vacancy to the Association, including a general statement regarding the required qualifications for the position. 1. Any teacher may apply for such vacancy. In filling such vacancy, the District agrees to give due weight to the professional certification, professional experiences, whether the individual is “highly qualified” as described in the Elementary and Secondary Education Act and related background of all applicants and the length of time each has been in the Midland school systemunit. Within a reasonable amount of time after the notification close of the posting period, the position will be filled. C. Request by a paraprofessional for a transfer to a different position shall be made in writing, and filed with the Superintendent or his designee. The application shall set forth the reasons for transfer, the school, level, or position sought and the applicant's qualifications. Such requests shall be reviewed whenever positions within the district become available and shall expire June 30 of the school year in which it was submitted. D. Any paraprofessional who fills a vacancy by transfer shall not be allowed another transfer for one calendar year unless such transfer is in the best interests of the district as determined by the Board. E. An involuntary transfer will be made in case of emergency or to prevent disruption of the instructional program. The Superintendent or his designee shall notify the respective paraprofessional and the Association president of reasons for such transfer as soon as possible. F. When filling a vacancy, all applicants will be informed that the position has been filledboard or its designee shall consider the following: experience, or performance, training, length of district service, ability, attitude and evaluations. The decision of the notification withdrawn. 2. A vacant position will not be filled, except on a temporary basis, within thirteen (13) calendar days from the date of notification Board as to the Associationfilling of vacancies shall be final. 3. When a vacancy occurs within the last thirteen (13) calendar days prior to the orientation day of a new school year, although the Association will be notified of this vacancy, the first priority must go to filling the position for the new school year. Therefore, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week period. 4. When a vacancy is filled in the period from thirteen (13) days prior to the orientation day of the new school year through November 1, it will be filled by hiring a teacher who will have all rights accorded all members of the bargaining unit except that the teacher may be reassigned at the beginning of the succeeding school year, solely at the discretion of the District, to any comparable position for which the teacher is certified. The language in Article XVII, 4. shall not apply when the vacancy occurs as the result of a retirement. The District may elect to fill a teaching vacancy by hiring a teacher at any point during the year. 5. When a vacancy occurs during a school year after November 1, the position may be filled on a temporary basis. B. Although the District and the Association recognize that frequent transfers of teachers from one school administrative unit to another are disruptive of the educational process and interfere with optimum teacher performance, they also recognize that some transfers will be necessary for administrative purposes and to ensure a fair distribution of experienced and qualified teachers through the system. Therefore, they agree as follows: 1. Teachers will not be transferred from one school building to another during the school year except under circumstances where the enrollment in a given building is of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and the District. 2. Transfers of teachers will fall into two categories: voluntary and involuntary.

VACANCIES AND TRANSFERS. A. Whenever any A vacancy shall be defined as an unfilled position previously held by a paraprofessional that the Board intends to fill or when a new position is created. Temporary vacancies that occur due to a leave of absence by a paraprofessional of six (6) weeks (30 work days) or less shall not be considered a vacancy as defined by this Article and shall not be subject to the conditions set forth. B. When a vacancy exists within the bargaining unit and the Board decides to fill it, notice of such vacancy will be posted on the staff bulletin board, and a copy sent to the Association president. Vacancies shall not be permanently filled until after such position has been posted for a period of ten (10) working days. The notice shall include the job title, program and program site in a professional which the vacancy exists. The District shall also have posted at each program site where paraprofessionals regularly work, an outline of the basic duties of each position in the bargaining unit shall occur, the District will give written notice of the vacancy to the Association, including a general statement regarding the required qualifications for the position. 1. Any teacher may apply for such vacancy. In filling such vacancy, the District agrees to give due weight to the professional certification, professional experiences, whether the individual is “highly qualified” as described in the Elementary and Secondary Education Act and related background of all applicants and the length of time each has been in the Midland school systemunit. Within a reasonable amount of time after the notification close of the posting period, the position will be filled. C. Request by a paraprofessional for a transfer to a different position shall be made in writing, and filed with the Superintendent or his designee. The application shall set forth the reasons .for transfer, the school, level, or position sought and the applicant's qualifications. Such requests shall be reviewed whenever positions within the district become available and shall expire June 30 of the school year in which it was submitted. D. Any paraprofessional who fills a vacancy by transfer shall not be allowed another transfer for one calendar year unless such transfer is in the best interests of the district as determined by the Board. E. An involuntary transfer will be made in case of emergency or to prevent disruption of the instructional program. The Superintendent or his designee shall notify the respective paraprofessional and the Association president of reasons for such transfer as soon as possible. F. When filling a vacancy, all applicants will be informed that the position has been filledboard or its designee shall consider the following: experience, or performance, training, length of district service, ability, attitude and evaluations. The decision of the notification withdrawn. 2. A vacant position will not be filled, except on a temporary basis, within thirteen (13) calendar days from the date of notification Board as to the Associationfilling of vacancies shall be final. 3. When a vacancy occurs within the last thirteen (13) calendar days prior to the orientation day of a new school year, although the Association will be notified of this vacancy, the first priority must go to filling the position for the new school year. Therefore, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week period. 4. When a vacancy is filled in the period from thirteen (13) days prior to the orientation day of the new school year through November 1, it will be filled by hiring a teacher who will have all rights accorded all members of the bargaining unit except that the teacher may be reassigned at the beginning of the succeeding school year, solely at the discretion of the District, to any comparable position for which the teacher is certified. The language in Article XVII, 4. shall not apply when the vacancy occurs as the result of a retirement. The District may elect to fill a teaching vacancy by hiring a teacher at any point during the year. 5. When a vacancy occurs during a school year after November 1, the position may be filled on a temporary basis. B. Although the District and the Association recognize that frequent transfers of teachers from one school administrative unit to another are disruptive of the educational process and interfere with optimum teacher performance, they also recognize that some transfers will be necessary for administrative purposes and to ensure a fair distribution of experienced and qualified teachers through the system. Therefore, they agree as follows: 1. Teachers will not be transferred from one school building to another during the school year except under circumstances where the enrollment in a given building is of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and the District. 2. Transfers of teachers will fall into two categories: voluntary and involuntary.

VACANCIES AND TRANSFERS. A. A vacancy shall be defined as a position presently unfilled which is not to be eliminated, a position currently filled but which will be open in the future or a new position which will be open in the future. Whenever any permanent vacancy in a professional teaching position or extra curricular activity in the bargaining unit District shall occur, the District will give Board shall publicize the same by distributing the vacancy notice electronically to the school e-mail address of bargaining unit members, giving written notice of the such vacancy to the Association, including secretary of the local Association and providing for appropriate posting on the bulletin Boards in the teachers' lounges. The vacancy will remain posted for a general statement regarding period of no less than fifteen (15) calendar days. In the required qualifications for event vacancies occur during the positionsummer months the Board shall distribute the vacancy notice electronically to the school e-mail address of bargaining unit members and place a notice on the district website advising staff that such a notice has been sent. 1. B. Any teacher may possessing the qualifications to apply for such vacancy. In filling such vacancy, the District agrees to give due weight may do so in writing or via e-mail to the professional certification, professional experiences, whether Superintendent’s office during the individual is “highly qualified” as described in the Elementary and Secondary Education Act and related background of all applicants and the length of time each has been in the Midland school system. Within a reasonable time after the notification of a vacancy, all applicants will be informed that the position has been filled, or the notification withdrawn. 2. A vacant position will not be filled, except on a temporary basis, within thirteen fifteen (1315) calendar days from of the date of notification vacancy posting. The following are the steps for filling vacant positions: (1) A general education core content area (ELA, Math, Science, or Social Studies) or K-6 self contained classroom teacher who applies for a transfer to another core content area (ELA, Math, Science, or Social Studies) or K-6 self contained classroom position for which he/she is certified and highly qualified, as defined in Article 23, and whose evaluations have been satisfactory over the most recent three years, will be given first consideration for that position and will, in most cases, be granted the requested transfer without a formal interview. Consideration will be given to previous experience in the requested position and district wide staffing needs. (2) A non general education classroom teacher who applies for a transfer to the Associationsame position in a different building for which he/she is certified and highly qualified, as defined in Article 23, and whose evaluations over the most recent three years have been satisfactory, will be given first consideration for the position and will, in most cases, be granted the requested transfer without a formal interview. Consideration will be given to previous experience in the requested position and district wide staffing needs. (3) A non general education classroom teacher who applies for a transfer to a general education position and is highly qualified and certified as defined in Article 23 and whose evaluations over the most recent three years have been satisfactory will be granted an interview during the formal interview process. When With consideration being given to previous experience in the requested position and district wide staffing needs, if other factors are equivalent (experience, credentials, and references), preference will be given to such transfers over outside hires. (4) Part-time personnel already under contract whose evaluations over the most recent three years have been satisfactory will be given consideration for reassignment or transfer prior to hiring outside. (5) Any teacher filling such a vacancy occurs shall be notified in writing by the Board by August 1, or earlier, if the administration finds it possible to do so, and before the appointment becomes public. C. A transfer shall be defined as either a voluntary or involuntary change in a bargaining unit member’s position or assignment to another position or assignment within the last thirteen bargaining unit. D. The administration reserves the right to transfer a teacher without request, and to deny applications as above specified. Any teacher being transferred shall be notified in writing by the Board of such a change by July 15, if practicable, or earlier if the administration finds it possible to do so. Any teacher denied a transfer shall be notified in writing and the reason given. However, since frequent transfers of a teacher is disruptive of the student-teacher relationship and the educational process, it is agreed that unrequested transfers of teachers will be avoided unless in the judgment of the administration it is educationally desirable to do so. E. The Board shall furnish each teacher a letter of intent to return, retire, or terminate his employment on or before sixty (1360) calendar days prior to the orientation day end of a new the school year. These letters shall be signed and returned by the teacher indicating his intended status for the ensuing school year, although not later than fifteen (15) calendar days following issuance of the letters of intent. On the following school day the secretary of the Local Association will shall receive notice of the names of the teachers who failed to submit letters of intent. Thereafter, but not later than fifteen (15) calendar days after return of letter of intent the Board shall post notices of vacancies in accordance with section A above. Any teacher who fails to submit a letter of intent of return, or reverses his position previously taken in a letter of intent, shall be notified of this vacancy, the first priority must go subject to filling the having his position for the new school year. Therefore, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week period. 4. When posted as a vacancy is filled in the period from thirteen (13) days prior and if filled, subject to the orientation day of the new school year through November 1, it will be filled by hiring a teacher who will have all rights accorded all members of the bargaining unit except that the teacher may be reassigned at the beginning of the succeeding school year, solely unrequested transfer at the discretion of the Districtadministration. F. A request for transfer shall accompany the letter of intent from the Board. These should be returned in accordance with above if a preference is desired for a transfer at the discretion of the administration. Requests for a transfer by bargaining unit members wishing to switch shall be considered based upon highly qualified status. Consideration is not a guarantee of transfer. No bargaining unit member shall be discriminated against because of a request to transfer. G. No bargaining member shall be transferred to a position in which they are not highly qualified pursuant to the “No Child Left Behind Act” (20 USC 6301 et seq.) per the published guidelines of the Michigan Department of Education. H. Any teacher who shall be transferred to a supervisory or executive position and shall later return to a teacher status shall be entitled to retain such rights as he may have had under this Agreement prior to such transfer to supervisory or executive status. (1) Unless the transfer to the supervisory or executive position involves an interim assignment of one (1) year or less, to any comparable position for which the teacher is certified. The language will not be permitted to accrue seniority for time worked in Article XVII, 4. shall not apply when the vacancy occurs as the result of a retirement. The District may elect to fill a teaching vacancy by hiring a teacher at any point during the yearsuch positions. 5(2) It is recognized that persons who have tenure in another district before taking an administrative position in the Manchester Community Schools will have tenure in the Manchester Community Schools after two years of satisfactory employment in the district, and as such will be recognized to have the rights of certified staff with tenure, but will not have accrued any seniority. I. In cases of layoff the provisions of Article 19 (Layoff and Recall) shall be followed exclusively. J. Vacant positions to be filled will be posted at the time of the vacancy. When a vacancy occurs during a At the completion of the posting period, notification shall be given to the successful applicant. Reassignment may be postponed at the District's option until the end of the school year after November 1to avoid undue disruption. In such instances, the position may be filled on temporarily by a temporary basissubstitute. B. Although K. In filling vacancies within coaching staff, if candidates of equal qualifications apply, preference will be given to teachers regularly employed in the District and district. It is the Association recognize that frequent transfers of teachers from one school administrative unit to another are disruptive desire of the educational process and interfere with optimum teacher performance, they also recognize that some transfers will be necessary for administrative purposes and Board to ensure a fair distribution of experienced and qualified teachers through the system. Therefore, they agree as follows: 1. Teachers will not be transferred from one school building hire teaching staff to another during the school year except under circumstances where the enrollment in a given building is of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and the Districtfill these positions if candidates are equally qualified. 2. Transfers of teachers will fall into two categories: voluntary and involuntary.

VACANCIES AND TRANSFERS. A. Whenever any vacancy in a professional position in the bargaining unit shall occur, the District will give written notice of the vacancy to the Association, including a general statement regarding the required qualifications for the position. 1. Any teacher may apply for such vacancy. In filling such vacancy, the District agrees to give due weight to the professional certification, professional experiences, whether the individual is “highly qualified” as described in the Elementary and Secondary Education Act and related background of all applicants and the length of time each has been in the Midland school system. Within a reasonable time after the notification of a vacancy, all applicants will be informed that the position has been filled, or the notification withdrawn. 2. A vacant position will not be filled, except on a temporary basis, within thirteen (13) calendar days from the date of notification to the Association. 3. When a vacancy occurs within the last thirteen (13) calendar days prior to the orientation day of a new school year, although the Association will be notified of this vacancy, the first priority must go to filling the position for the new school year. Therefore, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week period. 4. When a vacancy is filled in the period from thirteen (13) days prior to the orientation day of the new school year through November 1, it will be filled by hiring a teacher who will have all rights accorded all members of the bargaining unit except that the teacher may be reassigned at the beginning of the succeeding school year, solely at the discretion of the District, to any comparable position for which the teacher is certified. The language in Article XVII, 4. shall not apply when the vacancy occurs as the result of a retirement. The District may elect to fill a teaching vacancy by hiring a teacher at any point during the year. 5. When a vacancy occurs during a school year after November 1, the position may be filled on a temporary basis. B. Although the District and the Association recognize that frequent transfers of teachers from one school administrative unit to another are disruptive of the educational process and interfere with optimum teacher performance, they also recognize that some transfers will be necessary for administrative purposes and to ensure a fair distribution of experienced and qualified teachers through the system. Therefore, they agree as follows: 1. : Teachers will not be transferred from one school building to another during the school year year 1. except under circumstances where the enrollment in a given building is of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and the District. 2. Transfers of teachers will fall into two categories: voluntary and involuntary.

VACANCIES AND TRANSFERS. A. Whenever The Board and Association define a vacancy as any open position including newly created positions, within the bargaining unit. Teachers may apply for vacancies as defined. B. The Board will notify the Association of vacancies that occur within the bargaining unit. These vacancies will be posted by the Association. The posting period shall be ten (10) calendar days which shall be indicated in the posting notice. The Board will notify bargaining unit members of vacancies that occur during the summer months by direct mailing, provided that the teacher places a letter on file with the superintendent, prior to the end of the school year indicating a particular area of interest. Should a vacancy occur between August 15th and September 30th for the school year immediately following, the district shall post such vacancies for five (5) calendar days. C. Vacancies will be filled according to qualifications and certifications. Qualifications will be determined by the Board. D. First consideration will be given to tenured Xxxxx teachers, providing the vacancy occurs at the end of the school year. E. The Association and the applicant shall receive written notice of the decision regarding vacancies. If the applicant is not accepted, he/she will receive written notification within ten (10) days after the position is filled. F. The Board recognizes that positions may open during the year that a staff member would like to make application for, but it would be educationally undesirable to change positions during the school year. In such instances, the person will make a written application for this position at the time of posting. The applicant will be considered with other applicants and if it is determined that the current staff member is best qualified by the Board an attempt will be made to fill the vacancy with a temporary replacement who is qualified, for the remainder of the school year. G. The Association recognizes that administrators in the Xxxxx School District who enter or re-enter the bargaining unit will have priority for teaching positions, and may displace non-tenure teachers provided that in the Board's discretion the administrator is qualified and certified for a professional position in the bargaining unit shall occur, the District unit. Administrators will give written notice of the vacancy to the Association, including a general statement regarding the required qualifications for the position. 1. Any teacher may apply for retain such vacancy. In filling such vacancy, the District agrees to give due weight to the professional certification, professional experiences, whether the individual is “highly qualified” seniority time as described they have accumulated while teaching in the Elementary and Secondary Education Act and related background of all applicants and the length of time each has been in the Midland school systemXxxxx Area Schools, provided that their employment is continuous. Within a reasonable time after the notification of a vacancy, all applicants will be informed that the position has been filled, or the notification withdrawn. 2. A vacant position will not be filled, except on a temporary basis, within thirteen (13) calendar days from the date of notification An administrator who returns to the Association. 3. When a vacancy occurs within the last thirteen (13) calendar days prior to the orientation day of a new school year, although the Association will be notified of this vacancy, the first priority must go to filling the position for the new school year. Therefore, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week period. 4. When a vacancy is filled in the period from thirteen (13) days prior to the orientation day of the new school year through November 1, it will be filled by hiring a teacher who will have all rights accorded all members of the bargaining unit except will receive two years of seniority for each year of teaching, up to the number of years that were served as an adminis- trator in the teacher may Xxxxx Area Schools. This section will be reassigned at retroactive for administrators who have returned to teaching in prior years. Example: 4 years teaching experience, Xxxxx Schools 6 years administrative experience, Xxxxx Schools After returning to the beginning of the succeeding school classroom for one year, solely at the discretion above teacher would have 6 years of seniority with the District, to any comparable position for which the teacher is certified. The language in Article XVII, 4. shall not apply when the vacancy occurs as the result of a retirement. The District may elect to fill a teaching vacancy by hiring a teacher at any point during the yearteachers' bargaining unit. 5. When H. A list of summer school vacancies shall be posted and upon request a vacancy occurs during a school year after November 1, the position may copy shall be filled on a temporary basis. B. Although the District and furnished the Association recognize that frequent transfers of teachers from one school administrative unit to another are disruptive of the educational process and interfere with optimum teacher performance, they also recognize that some transfers will be necessary for administrative purposes and to ensure a fair distribution of experienced and qualified teachers through the system. Therefore, they agree as follows: 1. Teachers will not be transferred from one school building to another during the school year except under circumstances where the enrollment in a given building is of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and the DistrictPresident. 2. Transfers of teachers will fall into two categories: voluntary and involuntary.

VACANCIES AND TRANSFERS. A. Whenever The Board and Association define a vacancy as any open position including newly created positions, within the bargaining unit. Teachers may apply for vacancies as defined. B. The Board will notify the Association of vacancies that occur within the bargaining unit. These vacancies will be posted by the Association. The posting period shall be ten (10) calendar days which shall be indicated in the posting notice. The Board will notify bargaining unit members of vacancies that occur during the summer months by email. Should a vacancy occur between August 15th and September 30th for the school year immediately following, the district shall post such vacancies for five (5) calendar days. C. Vacancies will be filled according to qualifications and certifications. Qualifications will be determined by the Board. D. The Association and the applicant shall receive written notice of the decision regarding vacancies. If the applicant is not accepted, he/she will receive written notification within ten (10) days after the position is filled. E. The Board recognizes that positions may open during the year that a staff member would like to make application for, but it would be educationally undesirable to change positions during the school year. In such instances, the person will make a written application for this position at the time of posting. F. The Association recognizes that administrators in the Xxxxx School District who enter or re-enter the bargaining unit will have priority for teaching positions, and may displace non-tenure teachers provided that in the Board's discretion the administrator is qualified and certified for a professional position in the bargaining unit shall occur, the District unit. Administrators will give written notice of the vacancy to the Association, including a general statement regarding the required qualifications for the position. 1. Any teacher may apply for retain such vacancy. In filling such vacancy, the District agrees to give due weight to the professional certification, professional experiences, whether the individual is “highly qualified” seniority time as described they have accumulated while teaching in the Elementary and Secondary Education Act and related background of all applicants and the length of time each has been in the Midland school systemXxxxx Area Schools, provided that their employment is continuous. Within a reasonable time after the notification of a vacancy, all applicants will be informed that the position has been filled, or the notification withdrawn. 2. A vacant position will not be filled, except on a temporary basis, within thirteen (13) calendar days from the date of notification An administrator who returns to the Association. 3. When a vacancy occurs within the last thirteen (13) calendar days prior to the orientation day of a new school year, although the Association will be notified of this vacancy, the first priority must go to filling the position for the new school year. Therefore, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week period. 4. When a vacancy is filled in the period from thirteen (13) days prior to the orientation day of the new school year through November 1, it will be filled by hiring a teacher who will have all rights accorded all members of the bargaining unit except will receive two years of seniority for each year of teaching, up to the number of years that were served as an administrator in the teacher may be reassigned at Xxxxx Area Schools. Example: 4 years teaching experience, Xxxxx Schools 6 years administrative experience, Holly Schools After returning to the beginning of the succeeding school classroom for one year, solely at the discretion above teacher would have 6 years of seniority with the District, to any comparable position for which the teacher is certified. The language in Article XVII, 4. shall not apply when the vacancy occurs as the result of a retirement. The District may elect to fill a teaching vacancy by hiring a teacher at any point during the yearteachers' bargaining unit. 5. When G. A list of summer school vacancies shall be posted and upon request a vacancy occurs during a school year after November 1, the position may copy shall be filled on a temporary basis. B. Although the District and furnished the Association recognize that frequent transfers of teachers from one school administrative unit to another are disruptive of the educational process and interfere with optimum teacher performance, they also recognize that some transfers will be necessary for administrative purposes and to ensure a fair distribution of experienced and qualified teachers through the system. Therefore, they agree as follows: 1. Teachers will not be transferred from one school building to another during the school year except under circumstances where the enrollment in a given building is of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and the DistrictPresident. 2. Transfers of teachers will fall into two categories: voluntary and involuntary.

VACANCIES AND TRANSFERS. A. Whenever The Board recognizes that it is desirable in making assignments to consider the interests and aspirations of its teachers. Therefore, prior to implementation of any transfer, all affected personnel shall be informed of prospective changes. The Board shall consider subsequent teacher input. B. A vacancy in a professional position in the is defined as any newly created bargaining unit position or a current bargaining unit position vacated because of the resignation, retirement, death, transfer, discharge for cause, or leave of absence of the person assigned, provided the Board of Education determines to maintain the position. Whenever a vacancy occurs the Board of Education shall occur, the District will give written notice to the Association by delivering notice to the local Unit Director. The Association shall be responsible for simultaneously posting the vacancy notice in each building. Vacancy notifications will be posted at least seven (7) calendar days before the position is filled. In the case of an emergency, positions may be temporarily filled without posting. Personnel hired to replace persons on approved leaves will be eligible for continuing employment only when vacancies occur in areas for which they have academic qualifications that meet or exceed North Central Association (NCA) standards. C. Whenever vacancies occur during the summer vacation period the following procedure will apply in lieu of the vacancy to the Association, including a general statement regarding the required qualifications for the positionposting. 1. Teachers with specific interests in possible vacancies will notify the Superintendent of their interest in writing before the last day of the school year and shall include the address where they can be contacted during the summer. 2. Should such vacancy occur, the teachers who have expressed interest for the position shall be notified via certified letter. 3. It shall be the responsibility of the contacted teacher to notify the Superintendent in writing, via certified letter, of continued interest within seven (7) calendar days after notification via certified letter. 4. Vacancies shall be filled in a manner which facilitates the recall of the most senior qualified teacher on layoff. D. The Association recognizes that when vacancies occur during the school year it may be difficult to fill them from within the District without undue disruption to the existing educational program. When vacancies occur during the school year, and the Superintendent in his/her reasonable judgment determines not to fill the vacancy from within the District, the Board will either recall qualified laid-off personnel immediately, in order of seniority, or hire a permanent bargaining unit replacement within ninety (90) days. Vacancies which occur during the school year as a result of leaves of absence for less than a school year may be filled with temporary substitute personnel. E. Any teacher may apply for such a vacancy. Application shall be made in writing to the principal responsible for supervising the position. An interview will be granted by the supervising principal to each bargaining unit member who has made formal application within the seven calendar day posting period. In filling such vacancythe event an interviewed bargaining unit member is not assigned to the vacancy for which s/he has applied, the District agrees to give due weight bargaining unit member may request from the supervising principal and shall be granted a written statement indicating the reasons the assignment was denied. Reasons given shall be based on past evaluations, results of the interview, input from the committee interviewing, and why or why not the candidate meets the expectations and job description of the position or relates to the professional certification, professional experiences, whether philosophy and mission of the individual is “highly qualified” as described in building. No vacancy will be posted outside the Elementary school district until all bargaining unit candidates making application within the seven (7) day posting period have been interviewed and Secondary Education Act and related background of all applicants and the length of time each it has been in the Midland school system. Within a reasonable time after the notification of a vacancy, all applicants determined that no bargaining unit candidate will be informed that assigned to the position. F. When said position has been filled, or the notification withdrawn. 2. A vacant position will not be filled, except on a temporary basis, within thirteen (13) calendar days from the date of notification to the Association. 3. When a vacancy occurs within the last thirteen (13) calendar days prior to the orientation day of a new school year, although applicant and the Association will be promptly notified of this vacancy, action and if rejected for such position the first priority must go applicant has the right to filling a conference with the position Superintendent or his/her designee to discuss the reasons for the new school year. Therefore, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week periodrejection. 4G. Transfers and changes in assignments will be made on a voluntary basis whenever possible. Involuntary transfers will only be made in the following situations. 1. When the layoff of an Association member would be the result of an Association member refusing an involuntary transfer; 2. When the administration determines a vacancy is filled situation can only be remedied by invoking an involuntary transfer. The teacher with the lowest district seniority will be transferred in this situation. In this case a teacher at another building may be required to take an involuntary transfer to resolve the situation. The Association may file a grievance if the Association believes there are other reasonable remedies. H. Upon written application and prior approval of the Superintendent, bargaining unit members who have been involuntarily transferred to positions in levels where they have not taught for a period of five (5) years or to positions requiring the exercise of certification acquired more than five (5) years previously and not used within the past five (5) years will be reimbursed for reasonable educational expenses necessary to upgrade skills required for successful performance in the period from thirteen position. I. If a teacher (13either probationary or tenured) days prior has been evaluated according to the orientation day criteria established (Article XII, Section B.2 A-E) for probationary teachers and the teacher has been given an unsatisfactory evaluation, involuntary transfer may be invoked. J. If by reason of involuntary transfer the new school year through November 1affected teacher wishes to resign instead of taking the assigned position, it will be filled by hiring a teacher who will have all rights accorded all members of the bargaining unit except that the teacher may do so as soon as a satisfactory replacement can be reassigned at appointed. K. When a teacher on layoff is qualified for a vacancy which occurs during the beginning of the succeeding school year, solely at said vacancy need not be opened for application by other currently assigned personnel. When said vacancies occur during the discretion of the District, to any comparable position for which the teacher is certified. The language in Article XVII, 4. shall not apply when summer months the vacancy occurs as the result of a retirement. The District may elect to fill a teaching vacancy shall be open for application by hiring a teacher at any point during the year. 5. When a vacancy occurs during a school year after November 1other currently assigned personnel in accordance with Article VII, the position may be filled on a temporary basis. B. Although the District and the Association recognize that frequent transfers of teachers from one school administrative unit to another are disruptive of the educational process and interfere with optimum teacher performance, they also recognize that some transfers will be necessary for administrative purposes and to ensure a fair distribution of experienced and qualified teachers through the system. Therefore, they agree as follows: 1. Teachers will not be transferred from one school building to another during the school year except under circumstances where the enrollment in a given building is of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and the District. 2. Transfers of teachers will fall into two categories: voluntary and involuntary.Section B.

VACANCIES AND TRANSFERS. A. Whenever any vacancy in If an employee is transferred to a professional position under the Employer not included in the bargaining unit shall occurand within six (6) months thereafter is transferred to an open position within the bargaining unit, the District will give written notice seniority shall be considered to have been retained and accumulated while working in the position to which the employee is transferred for the purpose of all seniority rights and benefits provided for in this Agreement. B. A vacancy shall be defined as an unfilled position previously held by an employee that the Employer intends to fill or when a new position is created. Temporary vacancies of six weeks (30 work days) or less shall not be considered a vacancy as defined by this Article and shall not be subject to the Association, including a general statement regarding the required qualifications for the positionconditions set forth. 1. Any teacher may apply for such vacancy. In filling such vacancy, the District agrees to give due weight to the professional certification, professional experiences, whether the individual is “highly qualified” as described in the Elementary and Secondary Education Act and related background of all applicants and the length of time each has been in the Midland school system. Within a reasonable time after the notification of a vacancy, all applicants will be informed that the position has been filled, or the notification withdrawn. 2. A vacant position will not be filled, except on a temporary basis, within thirteen (13) calendar days from the date of notification to the Association. 3. C. When a vacancy occurs exists within the last thirteen bargaining unit and the Employer decides to fill it, notice of such vacancy shall be posted on the bulletin board at least five (135) calendar days prior to the orientation day filling such vacancy or position. The Employer will not be required to fill a position which becomes vacant after March 15 of a new school year, although the Association will be notified of this vacancy, the first priority must go to filling the position for the new that existing school year. ThereforeHowever, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week period. 4. When a vacancy is filled in the period from thirteen (13) days any position which becomes vacant prior to the orientation day March 16 of the new that existing school year through November 1, it will be filled within thirty (30) school days. Laid off employees will be called back to fill any vacancy which is anticipated to be of a duration of two (2) weeks or more. Paragraph B, above, will not apply. D. Requests for a transfer to a different position shall be made in writing and filed with the Superintendent or his designee. E. Any employee who fills vacancy by hiring a teacher who will have all rights accorded all members transfer shall not be allowed another transfer for one calendar year unless such transfer is in the best interests of the bargaining unit except that District as determined by the teacher may be reassigned at Employer. All permanent runs known as of the beginning of the succeeding school year will be made available before the beginning of the school year, solely at the discretion of the District, to any comparable position for which the teacher is certified. The language in Article XVII, 4. shall not apply when the vacancy occurs as the result of a retirement. The District may elect to fill a teaching vacancy by hiring a teacher at any point during the year. 5. When a vacancy occurs during a school year after November 1, the position may be filled on a temporary basis. B. Although the District and the Association recognize Any additional permanent runs that frequent transfers of teachers from one school administrative unit to another are disruptive of the educational process and interfere with optimum teacher performance, they also recognize that some transfers will be necessary for administrative purposes and to ensure a fair distribution of experienced and qualified teachers through the system. Therefore, they agree as follows: 1. Teachers will not be transferred from one school building to another become open during the school year except under circumstances where will be posted for bid and awarded on the enrollment basis of seniority. Extra runs will be bid prior to school starting and again on October 15th and January 15th of each year. F. An involuntary transfer will be made in case of emergency or to prevent disruption of the instructional program. G. When filling a given building is vacancy, the Board will give the weight to experience, work record and length of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and time in the District. H. Summer jobs will be offered to drivers in accordance with seniority and qualification. Only these drivers will be on the extra trip roster for the summer activities. Driver shall be paid according to Appendix A - Salary Schedule Section 2: Wages Summer School. I. Any driver who is requested by the supervisor to perform work that is normally performed by a substitute driver will receive their regular driver wages. Transfers This work will only be offered to those drivers who will not exceed forty (40) hours of teachers work in any one (1) worksheet. OHS, WSCC, and Ludington routes will fall into two categories: voluntary be offered to Union drivers at their regular rate of pay. These runs will be placed on the trip sheet and involuntarybe offered for bid. J. Courtesy and consideration will be given to Xxxx Transportation Association members for other vacant union and non-union positions that he/she is qualified for.

VACANCIES AND TRANSFERS. 12.1 A vacancy shall be defined as a situation where a position is vacant and the Board intends to find a replacement. To be eligible to fill a vacancy a teacher must meet any requirements mandated by state or federal law pertaining to that vacancy. 12.2 All vacancies, whether created by expansion, resignation, discharge, transfer, leave or promotion shall be filled in the following manner: A. Seniority-qualifications (meeting state or federal requirements and NCLB); B. Certification; qualifications. C. Administrative evaluations. 12.3 Whenever any vacancy in a professional any teaching position in the bargaining unit district shall occur, the District will give Board shall publicize the same by giving written notice of the such vacancy to the Association, including a general statement regarding the required qualifications for the position. 1Union and providing of appropriate posting in every school building. Any teacher may apply for such vacancy. In filling such vacancy, the District agrees to give due weight to the professional certification, professional experiences, whether the individual is “highly qualified” as described in the Elementary and Secondary Education Act and related background of all applicants and the length of time each has been in the Midland school system. Within a reasonable time after the notification of a vacancy, all applicants will be informed that the position has been filled, or the notification withdrawn. 2. A vacant position will not No vacancy shall be filled, except on a temporary basis, within thirteen until such vacancy shall have been posted for at least fourteen (1314) calendar days from the date of notification to the Association. 3days. When a vacancy occurs within the last thirteen (13) calendar days prior to the orientation day of a new school yearThe Union President, although the Association will Vice President, or designated replacement should be notified of this vacancysuch vacancies. 12.4 Vacancies occurring during the summer will be posted in all buildings and notification of these vacancies will be sent to the Federation President and Vice President. 12.5 Whenever a substitute teacher is hired, the first priority must go to filling the position for the new school year. Therefore, the time limits imposed on the District in Article XVII, section, A.2. will not be applicable for this two-week period. 4. When a vacancy is filled in the period from thirteen (13) days prior to the orientation day of the new school year through November 1, it teacher will be filled by hiring informed that either: A. The substitute is replacing a teacher who will have all rights accorded all members be returning to the staff and, therefore, the newly hired substitute's employment is temporary. The newly hired substitute will also be given the expected day of return of the bargaining unit except teacher who is absent; or B. The substitute will be informed that the teacher may position he is filling will be reassigned declared vacant at the beginning end of the succeeding that particular school year, solely at the discretion of the District, to any comparable position for which the teacher is certified. The language in Article XVII, 4. shall not apply when the vacancy occurs as the result of a retirement. The District may elect to fill a teaching vacancy by hiring a teacher at any point during the year. 512.6 Substitutes in 12.5A and 12.5B shall be placed on the regular salary schedule, retroactive to the first day, after teaching sixty (60) consecutive school days. 12.7 Substitute teachers shall be granted for the duration of that assignment leave time and other privileges granted to regular teachers, including the minimum salary on the salary schedule. When Teachers shall be permitted to transfer within a vacancy occurs during a school year after November building and between buildings, providing that 1, ) the position may be filled on a temporary basis. B. Although sought is vacant, 2) such teacher possesses the District and the Association recognize that frequent transfers of teachers from one school administrative unit to another are disruptive of the educational process and interfere with optimum teacher performance, they also recognize that some transfers will be necessary for administrative purposes and to ensure a fair distribution of experienced and qualified teachers through the system. Therefore, they agree as follows: 1. Teachers will not be transferred from one school building to another during the school year except under circumstances where the enrollment in a given building is of such a nature that a viable position has ceased to exist, or when a voluntary transfer would be best for the students and the District. 2. Transfers of teachers will fall into two categories: voluntary and involuntary.required qualifications and