Employees may be transferred for the following reasons:

1. Request for transfer to a school or location where a suitable vacancy exists. An employee receiving an overall Needs Improvement or Unsatisfactory evaluation may not be granted a transfer unless approved by the Human Resource Officer and the superintendent of schools.

2. Surplus of employees within a school or location.

3. Good of the system as determined by the superintendent of schools.

4. Compliance with court-ordered staff balance requirements.

5. As part of a plan approved by the board to change a school's program.

When making transfers of employees, consideration may be given to the following: grade/subject matter area, school/location preference, qualifications, race where required by Court Order, a school's program, including remediation and reconstitution plans, system-wide seniority, “job family” seniority, seniority in a particular job, and experience.

General Procedures

1. Transfers are usually made at the beginning of the employee's work year.

2. Requests for transfer within a school/work year are not usually granted except in cases of emergency as determined by the superintendent or his/her representative.

Transfers (continued) R4680

3. Transfers will be granted when the efficiency of the schools or other locations can be maintained.

4. System-wide seniority, “job family” seniority, and seniority within a particular job will be given due consideration in making transfers.

5. Usually an employee will not be transferred during his/her period of probationary service.

6. In the event that the Division of Human Resources and the associate superintendent or supervisor concur in the belief that a particular applicant for transfer cannot successfully fill the position, the employee shall, upon request, be informed in writing as to the reasons for the denial of the transfer.

7. If a new school is opened to replace a closed school, or a school is designated by the Board for a change in program, it should be designed around a research-based academic improvement plan with input from stakeholders, including the Union.

8. Employees assigned to a new school or a school designated by the Board for a change in program, who do not wish to remain at such school/program, may opt out by indicating so in writing within sixty days of such designation. However, when the designation occurs within less than 60 days before the closing of the school year, the employee may opt out at any time between the designation and the end of the District's fiscal year. Current staff should receive information about the new school/program. Employees who wish to opt out may exercise any transfer rights they may have pursuant to this Regulation.

9. When a new school/location is opened, including the establishment of a new magnet program, or when the Board designates a school for a change in program, the superintendent of schools reserves the right to select the staff.

Transfers (continued) R4680

10. The term 'change in program" as used in this regulation shall include, but not be limited to, the remediation of a school and/or the reconstitution of staff at a school.

Employee-Initiated Request for Transfer

Employees who may be interested in transferring to other assignments at the beginning of the following school/fiscal year should file a request with the Division of Human Resources. The request shall be filed on the approved form or through the automated bid process. Employees affected by a reduction in force do not have Employee-Initiated Transfer rights pursuant to this regulation.

An employee-initiated request for transfer will be honored as far as possible, but there can be no assurance that all requests can be granted. Full consideration will be given such request. Professional qualifications for the particular vacancy shall be the prime factors in the consideration.

Whenever a room or office is closed in a school or building or there is a surplus in a department within a school, tenured employees have the right to remain in preference to probationary employees, and the probationary employees in preference to substitutes; however, among employees of equal rank, the employee with the least system-wide seniority shall be transferred, unless there are considerations of overriding importance, including, but not limited to, a reduction in force.

Secondary school principals are allowed to designate teachers who perform functions of overriding importance other than classroom teaching and these "key" teachers are not to be transferred if there are other alternatives. In such cases, the principal will, on request of the teacher state the reasons in writing.

Seniority and Transfers

1. Under this regulation "system-wide" seniority or length of service for all employees must begin on the effective date of the must recent probationary appointment of each employee.

Transfers (continued) R4680

2. Under this regulation, “job family” seniority, or length of service within a job family for all employees must begin on the date of the most recent appointment to any job within the job family. Job families shall be determined by the Human Resources Division.

3. Under this regulation, “seniority within a particular position” for all employees must begin on the date of the most recent appointment to a specific job title.

4. Employees on paid or unpaid leave shall be considered to be continuous employment.

5. Priority between employees hired on the same date shall be determined by the qualifications of the employees for work that is available, and such "qualifications" are understood to include evaluations.

6. Seniority shall be broken by any termination, including retirement, dismissal, resignation or failure to rehire.

7. The Executive Director of the Human Resources Division, or his designee, shall make available to any employee his or her rank of system-wide seniority, job family seniority, or seniority within two particular positions as it may affect or contribute to the resolution of any specific problem.

Regulation approved: June 26, 1990

Revised: October 10, 1995

Revised: June 9, 1998

Revised: December 8, 1998

Revised: August 6, 2003

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