Article IXX: Transfers

Section 1 – Definition

Transfer is a change of the unit member's work site that does not result in a change of base pay. Unit members may apply to transfer into resource teacher, counselor, and librarian positions without changing their work location.

Section 2 – Posting Vacancy Notices

Bargaining unit vacancies occurring after the sixth (6th) week of school and prior to April 1 shall be posted on the Association bulletin board prior to filling the vacancy. Vacancies will be posted for not less than five (5) school days prior to the closing date. Unit members may file a voluntary transfer request for posted positions.

Section 3 – Voluntary Transfers

A. A permanent unit member with most recent overall evaluation rating of "Meets or Exceeds" acceptable performance may file a transfer request with Human Resources. The request shall be on a District-supplied form. The transfer request must be received by Human Resources prior to April 1 in order to be considered for the beginning of the next school year. Human Resources will return a date-stamped copy of the transfer request to the unit member.

B. In acting on requests for voluntary transfer, the following criteria will be applied:

  1. Credential required for the position;
  2. Qualifications for the position, including prior training and successful experience, skills, knowledge, and abilities;
  3. Dependability and attendance;
  4. Ethnic balance of the staff and affirmative action goals;
  5. Staffing for designated co-curricular activities (secondary schools only); and
  6. Major and minor field of study (secondary schools only).

Where the foregoing factors are substantially equal, first (1st) preference in transfer shall be given to the applicant who has made the third (3rd) annual request for transfer, if any. Second (2nd) preference in transfer shall be given to the applicant with the greatest seniority. The District may use an oral interview panel to evaluate candidates for voluntary transfer based upon the criteria set forth in this subsection.

C. Once selected for requested transfer, the tenured unit member may rescind his/her request with the District's agreement.

D. The District has the right to limit voluntary transfers for any unit member to one (1) per school year.

E. Unit members hired specifically for the Special Education or Bilingual Education programs may not transfer out of the program during their first four (4) years of employment. The District must give notice of this limitation at the time of the unit member's employment.

F. Voluntary transfers are implemented at the next instructional break; e.g., semester, parent conference, track change, winter recess, or spring recess.

G. If a unit member's application for voluntary transfer has been denied, the unit member may request a written explanation of the reasons for denial from the Superintendent or his designee. An answer shall be provided to the unit member within fifteen (15) days of the request.

Section 4 – Involuntary Transfers

A. The District may transfer a unit member at any time for reasonable cause. Involuntary transfers shall not be arbitrary, capricious, or for disciplinary reasons.

B. When selecting unit members for transfer as a result of staff reductions, the District shall consider unit members volunteering for transfer and the following additional criteria:

  1. Credential required for the position;
  2. Qualifications for the position, including prior training and experience;
  3. Ethnic balance of the staff as required by law;
  4. Staffing for designated co-curricular activities (secondary schools only); and
  5. Major and minor field of study (secondary schools only).

Where the foregoing factors are substantially equal, the unit member with the least seniority shall be the unit member to be transferred. No involuntary transfer shall occur under this subsection if there is a qualified volunteer from the school to be reduced in staff requesting a transfer.

C. The unit member shall receive a written statement of the reason for the transfer. The unit member may request a meeting with the District's Chief Human Resources Officer or designee to discuss the involuntary transfer.

D. A list of open positions in the District will be made available to the Association and to any unit member being involuntarily transferred. Unit members may request the positions in order of preference. Based upon the factors set forth in subsection "B" of this Section, the District will fill open positions from among those unit members being involuntarily transferred. Upon transfer to one of the open positions, the unit member will be considered involuntarily transferred.

E. Unit members involuntarily transferred during the school year in different grade levels of instruction or subject changes shall be granted a reasonable time to prepare for the new assignment, not to exceed three (3) days.

F. A unit member involuntarily transferred shall not be involuntarily transferred again for a period of two (2) years; however, the transfer of a District program from one site to another does not constitute an involuntary transfer of a unit member.

G. Unit members returning from a leave of one year or less shall be governed by this Section 4.

H. Within one (1) year following an involuntary transfer resulting from a staff reduction, as set forth in "B" above, a unit member has priority to return to his/her former school, if qualified to fill a vacancy. The District has no obligation to give notice to the unit member of any vacancy or right to return. When a vacancy occurs, the unit member must inform the District if he/she wishes to return to his/her prior school of assignment.

Section 5 – School Closure

If a school site is closed, unit members at the closed site, if qualified, shall be granted first priority in filling vacant positions at the school or schools at which the students at the closed school are being placed for the succeeding school year. Said positions shall not be deemed to exist unless there is sufficient enrollment to maintain the position past the first twenty (20) days of the school year. In addition, unit members from closed schools shall have first priority to fill all vacancies for which they are qualified, with selection based upon the criteria set forth in Section 3(B) of this Article. In order to accomplish the purpose of this Section, the District may limit the provisions of Sections 2 and 3 of this Article to unit members displaced by school closures. For purposes of this Section 5, schools converted to year-round education shall be treated as a school closure. In addition, when the grade level at a school site is moved to another site, the affected unit members shall be governed by this Section 5.

Section 6 – Intinerant Transfers

Itinerant unit members (those who have more than one work site) may apply for vacant itinerant assignments as provided for in Sections 2 and 3 of this Article. The application for transfer shall be on District-provided Itinerant Transfer Application forms

Section 7 – Seniority

For purposes of this Article XIX, seniority is established by the unit member's date of credentialed employment with the District. If there has been a break in service, the most recent date of employment shall be used. Those unit members whose dates of employment with the District are the same shall have their seniority established by lot. In cases of involuntary transfer, high school Departmental Chairpersons shall have the greatest seniority. When designated in writing to the District, Association Building Representatives shall have the greatest seniority following Departmental Chairperson.

Section 8 – Transfer Information

The District shall provide the Association with one (1) copy of the Notice of Personnel Action showing all transfers of unit members.