Article VII-- Transfer Policy
1. The System reserves the right to reduce teaching personnel to conform to any
constriction in the System or individual schools. In the event of any such
constriction affecting lay teachers, the System agrees to inform the Association of
such action and the reasons thereof as soon as possible but at least thirty (30) days
in advance of such constriction, and will seriously consider any recommendations
that the Association may make.
All transfers and lay offs shall conform to the provisions of this contract unless
otherwise mutually agreed to by the Association and the System.
1a. In the event it becomes necessary to reduce teaching personnel to conform to any
constriction in the System or any individual school(s), such reduction of teaching
personnel shall be made in the following manner:
A department cannot constrict a teacher unless there are three (3) or more sections
dropped. If two (2) teachers are to be constricted, eight (8) or more sections must
be dropped. If three (3) teachers are to be constricted, thirteen (13) or more
sections must be dropped. If four (4) teachers are to be constricted, eighteen (18)
or more sections must be dropped.
Should constriction occur in a department, any reduced roster in that department
may be returned to a full roster.
The System will monitor departments constricted by local schools, and with the
Association, will communicate the need for sensitivity in creation of rosters for
teachers new to the school.
1b. No tenured teacher shall be laid off as long as a non-tenured teacher is retained
in the System in any field in which the tenured teacher is qualified. Qualifications
shall be determined by teaching experience and/or academic background as
defined in Article VIII, Section 4.
1c. All teachers in the System within the affected academic field shall be laid-off in
the order of system seniority. System seniority shall be calculated from the first
date of employment, which means the first day on the job. If the date of
employment is identical between two (2) or more teachers, the date of assignment
shall govern. If two (2) or more teachers have the same date of assignment, then
the date of the System's interview shall be the determining factor. Conflicts in
seniority listing at this point shall be resolved by random selection of drawing lots.
1d. Transfers shall proceed in strict order of system seniority within academic
competency unless the transfer(s) must be made from a specific school(s), in
which case the transfer shall proceed according to strict order of school seniority
within academic competency among the faculty at the school(s) from which the
teacher is to be transferred.
A teacher's major department shall be defined as the one in which he/she teaches
three (3) or more classes.
1e. In the event of a transfer(s) from a specific school(s), teachers shall be placed
in other schools according to strict order of system seniority. The teacher(s)
shall be notified of and have the opportunity to select from available openings in the
System within the applicable academic competency(ies). When sufficient
openings are not available, the teacher(s) shall be notified of and have the
opportunity to select from positions held by teachers with lower system seniority
within the applicable academic competency(ies).
1f. In the event of a lay-off the System shall reimburse all laid-off teachers four (4)
weeks salary by October 1.
Such laid-off teachers may continue enrollment in the medical plan at their own
expense for one (1) year or until they secure a full-time job, whichever occurs first.
1g. Teachers who are laid-off as a result of Constriction shall be offered positions
normally held by long-term substitutes.
Laid-off teachers who assume substitute positions shall receive the benefits of a
full-time teacher and shall be paid on the same salary scale that they were on as
full-time employees.
The laid-off teacher who selects a substitute position shall be placed on the Constriction List each year until a permanent position is selected.
1h. No new lay teacher with comparable qualifications shall be employed to fill a
vacancy in the subject area previously staffed by a lay teacher who was laid-off
by the System within the previous three (3) semesters (including those laid-off
teachers who have assumed long-term substitute positions as provided in Section
1g) until such time as the open position has been offered according to system
seniority to a qualified lay teacher who was laid off. Once such an offer is made
and refused, the recall obligation no longer exists. Method of notification will be
a certified letter to the last current address.
Should a provisional teacher be laid-off, he/she shall be given the opportunity to
be interviewed for a provisional position before the System offers the opening to a
provisional new hire.
1i. A teacher involuntarily transferred due to Constriction shall be given the
opportunity to return to his/her previous school provided that such return does not
substantially interfere with the continuity of instruction, should a comparable
opening for which the teacher is qualified occur by the last day of the following
school year.
A teacher involuntarily transferred after Constriction due to an administrator returning to the bargaining unit, a department head being appointed from outside the school or a teacher returning from leave as described in Article III, Section 4 may be given the opportunity to return to his/her previous school should a comparable opening occur for which the teacher is qualified and the opening occurs by the last day of the following school year. The return to the school will be by mutual agreement between the Association and the System.
1j. A teacher transferred under this section shall retain his/her school seniority in the
new assignment.
1k. The System will meet with the Association regarding the application of the
procedures in this Article.
2. In any other event, involuntary transfers shall be made only for necessary and
compelling reasons such as when the grave academic or social needs of the
System or an individual school demand such a transfer.
2a. Where a transfer under Section 2 necessitates a transfer in another school, the
provisions of 1d shall apply.
2b. Reasons for transfer under Section 2 shall be stated in writing by the appropriate
authority to the teacher and to the Association as soon as possible but at least
thirty (30) days prior to the transfer.
2c. A teacher transferred under this section shall, in any event, retain his/her school
seniority in his/her new assignment.
3. A teacher has the right to request a permanent transfer, temporary transfer or a
teacher swap. Such requests shall be made in accordance with Section 3a and
shall be honored as soon as the requested position becomes available, provided
that the opening is within the teacher's academic competency, and provided that
the teacher is otherwise qualified. Transfers shall be given on the basis of highest
system seniority. The teacher shall interview at the school to which he/she is
transferring. In no case shall a teacher be discriminated against for requesting a
transfer. A transfer request shall not be honored during the school year except at
the option of the System.
Teachers on probation or under re-evaluation because of two (2) unsatisfactory evaluations can transfer only by mutual agreement between the Association and the System.
Upon transfer a teacher with ten (10) or more years of school seniority will be
granted his/her previously acquired school seniority in his/her new school. A
teacher with fewer than ten (10) years of school seniority upon transfer will
surrender his/her previously acquired school seniority.
Teacher Swap
Each spring, a listing of teachers desiring voluntary transfers will be published.
If there are two (2) teachers in the same disipline who wish to "swap" positions,
they may do so after an interview by each receiving school with the proviso that
the transfer would be permanent and that the school seniority of the lower teacher
would apply to both in their new positions.
If both teachers have ten (10) or more years seniority, both will assume
the lesser school seniority of the two.
Temporary Transfer
A teacher may request a temporary (one year) transfer to a school which has an
opening for a long-term substitute in the teachers's area(s) of competency. This
transfer may take place only after an interview at the receiving school. The
permanent teacher would receive his/her regular salary and benefits and would
maintain system and school seniority. A long-term substitute would be hired at
the teacher's home school. At the end of the year, the teacher would return to
his/her home school.
3a. Applications for permanent transfer, temporary transfer or teacher swap must be
made in writing to the System by April 1 of any school year. Such applications
shall include preferred school(s) and subject area(s).
Requests submitted after this date will also be given consideration, if possible,
but no transfer shall be made after August 15 except at the option of the System.
3b. A list of all known available openings shall be sent to the Association by July 9
each year.
3c. A list of applicants for transfer, including a designation of the school(s) and
subject area(s) requested, shall be supplied to the Association within thirty (30)
days under the applicable date in Section 3a above.
3d. A list of all openings and all of the transfers so made, including a designation of
the schools to which transferred and in what subject areas, shall be supplied to
the Association by October 1 of each year.
3e. Any tenured teacher who has requested and received a transfer for the last school
year shall not be entitled to another transfer for the next school year. Such
transfer, if made, shall be at the discretion of the System.
4. The System agrees to establish guidelines for the constriction or transfer of
Guidance Directors, full-time guidance counselors and Librarians.
5. All transfers and lay offs and the procedures involved shall conform to the
provisions of this contract and all appropriate Constriction Guidelines unless
mutually agreed to by the Association and the System.
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