Common use of Involuntary Transfer Procedure Clause in Contracts

Involuntary Transfer Procedure. Although the Board and the SEA recognize that some transfers of unit members from one school to another are unavoidable, they also recognize that frequent transfers of unit members are disruptive to the educational process and interfere with optimum unit member performance. Therefore, they agree as follows: (1) Refer to Board Policy 4114 regarding pre-tenure unit member transfers. (2) When a reduction in the number of unit members in a school is necessary, volunteers shall be transferred first. The Superintendent may choose not to grant requests for voluntary transfer for any teachers in the Assistance Stage of the evaluation process. (3) When involuntary transfers are necessary, length of service in the school system (followed by grade level seniority) shall be a major factor in determining which unit member is to be transferred. Unit members being involuntarily transferred will be transferred only to a comparable position, and effort will be made to place the unit member in a comparable program. An involuntary transfer shall be made only after a meeting between the unit member involved and the Superintendent or his designee, at which time the unit member shall be notified, in writing, of the reason for the transfer. If the unit member so requests, an SEA representative may be present at this meeting. (4) A list of current open positions in other schools shall be made available to all unit members being involuntarily transferred and all things being equal, preference shall be given in filling such positions on the basis of length of service in the Stamford School System. (5) Notice of transfer shall be given to unit members as soon as practicable and under normal circumstances no later than June 1st. (6) Exceptions to the provisions of Sections 1, 2, 3, 4 and/or 5 above may be made only if the Superintendent of Schools determines that it is necessary to do so in the best interests of the unit member(s) and/or school(s) affected. The Superintendent’s decision shall be final.