Voluntary Transfers A roster shall be developed and maintained throughout the year of those employees who request transfers. This roster will be used to select employees for transfer for the following school year. Employees requesting transfers shall list their choices of new assignments in order of priority. Employees shall be placed on the roster in order of their qualifications, and the filing dates of their transfer requests. If equally qualified candidates file on the same date, system wide seniority shall be used to determine their placement on the roster. If an employee does not receive a requested transfer, he/she shall be notified of the reasons in writing and his/her name shall remain on the transfer roster. No later than the 15th of each month, the Board shall send the Union a copy of the updated transfer list. Applicable to Employees Whose Positions Were in Unit I (BTU Teachers) or Unit II (Public School Administrators and Supervisors Association) on June 30, 2010: A roster shall be developed and maintained throughout the year of those employees who 1) were moved to Unit III as a result of the Board Resolution of June 8, 2010, 2) have current MSDE certification, and 3) request transfers into positions in Unit I. This roster will be used to select certificated employees for transfers at the end of the first semester and/or for the following school year. This roster must be used to assign employees into Unit I positions before applicants from outside BCPSS are hired and assigned to Unit I positions. Employees requesting transfers shall list their choices of new assignment in order of priority. Employees shall be placed on the roster in order of their qualifications, and the filing dates of their transfer requests. If equally qualified candidates file on the same date, system-wide seniority shall be used to determine their placement on the roster. All requests shall be processed by the Office of Human Capital. If a certificated employee does not receive a requested transfer, he shall be notified of the reason in writing and his name shall remain on the transfer roster. On a quarterly basis, the Human Capital Officer shall send the Union a copy of the updated transfer list. No voluntary transfer shall be denied for reasons that are arbitrary, capricious, unreasonable or based on personal preference. All employees formerly in Unit I who are transferred back to Unit I shall retain Unit I seniority.
Involuntary Transfer a. If employees are being considered for involuntary transfer they shall be consulted prior to a decision. The employee being considered for a transfer can discuss his/her personal desires at that time. At the superintendent’s discretion, teachers with only one year of experience in the current assignment or the district, or teachers assigned to other than regular classrooms, may be exempt from a transfer. An employee receiving notice of a transfer may request a meeting with the superintendent at which meeting the employee is entitled to employee representation. At the request of the employee, a written statement of the reasons for the transfer shall be provided by the superintendent with input from the principal(s). The building administration shall proceed through a process for an involuntary transfer considering the following criteria:
1. Every attempt shall be made to replace staff from within the building first.
2. The building administrator shall meet informally with staff to make an amiable transfer.
3. The building administrator shall request volunteers.
4. The building administrator shall notify the Association if the only option appears to be an involuntary transfer.
5. In cases where no voluntary transfer is found, the employee with the least seniority shall be selected so long as academic program requirements can be met.
6. The building administrator shall work to not cause multiple moves.
7. The administration shall make the final decision. This process is not an attempt to produce movement without cause but to improve education.
b. An employee chosen to be transferred (to a new building or a new room within a building) shall have the option to use two (2) days at per diem. These days shall be used on site the week prior to the regular report day for teachers or the week after the last contract day of the current school year, in order to prepare for the new assignment. If approved by the Superintendent, other arrangements for use of the per diem days can be made with the building principal.
c. The affected employee who is requested to transfer shall be informed of the time, and be assisted in moving by the District to a new building or a new room within a building. This assistance shall include the movement of professional equipment and instructional supplies.
d. The transferred employee shall be offered assistance to meet the employee’s and student’s needs. The assistance may include a mentorship, college courses, workshops, resource materials, collaboration, time to review curriculum and other in- service opportunities. In no case shall the district’s financial obligation exceed five hundred dollars ($500.00).
e. Teachers transferred out of their areas of qualifications (majors, minors, or specific certification) shall not be subject to probation/nonrenewal for the first year of such reassignment, if the probation nonrenewal is based solely on deficiencies in knowledge of subject matter.
Permitted Transfers The provisions of Section 8.1 shall not apply to (a) a transfer or an assignment of this Lease in connection with the sale of substantially all the original Tenant’s assets if: (I) such sale of assets occurs on an arms’-length basis, to an unrelated third party, and is for a bona fide business purpose and not primarily to transfer Tenant’s interest in this Lease; and (II) upon the consummation of the transfer or assignment, the transferee or assignee is, in the sole, but reasonable determination of Landlord (and its lender, if applicable), capable of satisfying all of Tenant’s obligations hereunder; (b) an assignment of this Lease to a successor to Tenant by merger, consolidation, reorganization or similar corporate restructuring or to an entity that controls, is controlled by, or is under common control with, Tenant; or (c) a subletting of the Premises or any part thereof. In the case of an assignment or sublease that is expressly permitted pursuant to (a) or (c) of this Section 8.3, Tenant shall nevertheless be required to provide Landlord with notice of such assignment or sublease and a true and complete copy of the fully-executed documentation pursuant to which the assignment or sublease, as applicable, has been effectuated within ten (10) business days after the effective date of such assignment or sublease. Any permitted transferee under (a) of this Section 8.3 shall execute and deliver to Landlord any and all documentation reasonably required by Landlord in order to evidence assignee’s assumption of all obligations of Tenant hereunder and to evidence the assignee’s compliance (or ability to comply) with (a)(II) above. Notwithstanding anything to the contrary contained in this Section 8.3, in no event may Tenant assign, mortgage, transfer, pledge or sublease this Lease to any entity whatsoever if, at the time of such assignment, mortgage, transfer, pledge or sublease, a Default has occurred and remains continuing under this Lease.
