Common use of Involuntary Transfer/Reassignment Clause in Contracts

Involuntary Transfer/Reassignment. 1. The District or the site principal shall initiate all involuntary transfers/reassignments only when it is necessary to do so in order to fill vacancies with available staff. Reasons for such involuntary transfers/reassignments would include, but not be limited by, a decrease in the number of students, which requires a decrease in the number of unit members; elimination of program(s) and/or funding; school closing; or a shift in student population, which necessitates the elimination of one (1) class and/or the creation of another. The District shall seek volunteers prior to making any involuntary transfer/reassignment. Volunteers shall be afforded all the rights associated with involuntary transfer/reassignment. Such transfers/reassignments shall not be punitive or disciplinary in nature. a. A teacher, to be involuntarily transferred/reassigned, shall have the right to indicate preferences from a list of all District vacancies. b. In the event that there are more volunteers than needed, vacancies will be filled in accordance with District seniority allowing for the appropriate credential. Volunteer teachers with the most seniority will be transferred/reassigned first. c. In the absence of a sufficient number of volunteers, involuntary transfers shall be determined in accordance with seniority as a teacher in the District, allowing for the appropriate credential. Teachers with the least District seniority shall be transferred first. Teachers currently employed in grades TK- 6 will not be involuntarily transferred to grades 7-12, and teachers currently employed in grades 7-12 will not be involuntarily transferred to grades TK- 6 even if they hold an enabling credential (Multiple subject TK-8 and Single Subjects 7-12). Should involuntary transfer occur, affected personnel shall have first transfer rights to return to their prior site for the subsequent school year. d. In the absence of a sufficient number of volunteers, involuntary reassignments shall be determined in accordance with seniority as a teacher in the District, allowing for the appropriate credential. Teachers with the least District seniority shall be reassigned first. Teachers currently employed in grades TK- 6 will not be involuntarily reassigned to grades 7-12, and teachers currently employed in grades 7- 12 will not be involuntarily reassigned to grades TK-6 even if they hold an enabling credential (Multiple subject TK-8 and Single Subjects 7-12). Should involuntary reassignment occur, affected personnel shall have first rights to return to their prior grade level for the subsequent school year if a vacancy exists.

Involuntary Transfer/Reassignment. 1. The District or the site principal shall initiate all involuntary transfers/reassignments only when it is necessary to do so in order to fill vacancies with available staff. Reasons for such involuntary transfers/reassignments would include, but not be limited by, a decrease in the number of students, which requires a decrease in the number of unit members; elimination of program(s) and/or funding; school closing; or a shift in student population, which necessitates the elimination of one (1) class and/or the creation of another. The District shall seek volunteers prior to making any involuntary transfer/reassignment. Volunteers shall be afforded all the rights associated with involuntary transfer/reassignment. Such transfers/reassignments shall not be punitive or disciplinary in nature. a. A teacher, to be involuntarily transferred/reassigned, shall have the right to indicate preferences from a list of all District vacancies. b. In the event that there are more volunteers than needed, vacancies will be filled in accordance with District seniority allowing for the appropriate credential. Volunteer teachers with the most seniority will be transferred/reassigned first. c. In the absence of a sufficient number of volunteers, involuntary transfers shall be determined in accordance with seniority as a teacher in the District, allowing for the appropriate credential. Teachers with the least District seniority shall be transferred first. Teachers currently employed in grades TK- 6 TK-7 will not be involuntarily transferred to grades 7-12, and teachers currently employed in grades 7-12 will not be involuntarily transferred to grades TK- 6 TK-7 even if they hold an enabling credential (Multiple subject TK-8 and Single Subjects 7-12). Should involuntary transfer occur, affected personnel shall have first transfer rights to return to their prior site for the subsequent school year. d. In the absence of a sufficient number of volunteers, involuntary reassignments shall be determined in accordance with seniority as a teacher in the District, allowing for the appropriate credential. Teachers with the least District seniority shall be reassigned first. Teachers currently employed in grades TK- 6 TK-7 will not be involuntarily reassigned to grades 7-12, and teachers currently employed in grades 7- 12 will not be involuntarily reassigned to grades TK-6 TK-7 even if they hold an enabling credential (Multiple subject TK-8 and Single Subjects 7-12). Should involuntary reassignment occur, affected personnel shall have first rights to return to their prior grade level for the subsequent school year if a vacancy exists.

Involuntary Transfer/Reassignment. 1. The District or the site principal shall initiate all involuntary Involuntary transfers/reassignments shall only be made when it a position is necessary to do so in order to fill vacancies with available staff. Reasons unfilled and for such involuntary transfers/reassignments would include, but not be limited by, a the following reasons: A decrease in the number of students, students which requires a decrease in the number of unit members; elimination of members pursuant to class size, elimination, addition or change in program(s) and/or funding; , change of boundaries or school closing; closings. 2. If a decrease in the number of students, change of boundary, or a shift in student population, which necessitates the elimination or addition of one (1programs(s) class and/or funding occurs, the creation of another. The District shall seek volunteers prior to making any involuntary transfer/reassignment. Volunteers shall be afforded all If involuntary transfer/ reassignment becomes necessary, the rights associated with involuntary transfer/reassignment. Such transfers/reassignments shall not be punitive or disciplinary in nature. a. A teacher, to be involuntarily transferred/reassigned, shall have the right to indicate preferences from a list of all District vacancies. b. In the event that there are more volunteers than needed, vacancies will be filled in accordance with District seniority allowing for the appropriate credential. Volunteer teachers with the most seniority will be transferred/reassigned first. c. In the absence of a sufficient number of volunteers, involuntary transfers shall be determined in accordance with seniority as a teacher in the District, allowing for the appropriate credential. Teachers unit member with the least District seniority shall be transferred firstor reassigned. Teachers currently employed in grades TK- 6 If there is an opening at the school of the displaced teacher before or during the Preliminary Assignment dates (April 15 to May 10), that teacher may choose to fill a vacant position within that school. If he/she does not accept that assignment, the teacher will not be involuntarily transferred to grades 7-12, and teachers currently employed in grades 7-12 will not be involuntarily transferred to grades TK- 6 even if they hold an enabling credential (Multiple subject TK-8 and Single Subjects 7-12). Should placed on the involuntary transfer occurlist. 3. If a particular school is to be closed, affected personnel then unit members at that school shall have be accorded the first transfer rights to return to their prior site priority for filling any new or vacant positions at the school or schools at which the students at the closing school are being placed for the subsequent coming school year. d. In 4. All unit members involuntarily transferred or reassigned under Article D.1 shall be given the absence opportunity to indicate three (3) preferences for reassignment to known vacancies District-wide by June 15 and shall also be accorded first priority for filling all vacancies that arise for which they have an appropriate credential. The determination of a sufficient number which unit members shall fill vacancies when two or more of volunteers, involuntary reassignments these unit members apply for the same vacancy shall be determined in accordance on the basis of the unit member with the greatest seniority as receiving the position. This section supersedes all other provisions of this Article. For vacancies occurring after June 15, the procedures set out under voluntary transfer of this Article shall apply. (For example, if a teacher unit member is assigned a combination class and does not want it, they would be placed on the involuntary transfer list, if that assignment occurred before July 1.) 5. Unit members who are transferred or reassigned during the school year shall be allowed three (3) days of released time for the preparation prior to the effective date of the transfer or reassignment. The District shall provide assistance in the Districtmoving of the unit member's material whenever a unit member is transferred or reassigned. 6. Unit members who are transferred, allowing reassigned and relocated to another classroom or school, prior to the first day of school, shall receive 3 sub days or release time or 3 days of compensation at the substitute rate. (When 1 prep-work day returns to Salary Schedule, it will revert from 3 days to 2 days of sub compensation) 7. Notification to involuntarily transfer/reassign should be made no later than April 15 for the appropriate credentialfollowing school year. Teachers with the least District seniority However, if a unit member is involuntarily transferred or reassigned after July 1, he/she shall be reassigned first. Teachers currently employed in grades TK- 6 will not be involuntarily reassigned added to grades 7-12, and teachers currently employed in grades 7- 12 will not be involuntarily reassigned to grades TK-6 even if they hold an enabling credential (Multiple subject TK-8 and Single Subjects 7-12). Should the involuntary reassignment occur, affected personnel shall have first rights to return to their prior grade level transfer list for the subsequent next school year if a vacancy existsbased on seniority.

Involuntary Transfer/Reassignment. 1. The District 5.03.1 If an involuntary transfer or the site principal shall initiate all involuntary transfers/reassignments only when it reassignment of a teacher is necessary to do so caused by a reduction in order to fill vacancies with available staff. Reasons for such involuntary transfers/reassignments would includeforce, but not be limited byclosing of one or more classrooms in a building, a decrease in the number of students, which requires a decrease in the number of unit members; elimination of program(s) and/or funding; school closing; or a shift change in student populationcurriculum, the administration will determine which necessitates the elimination of one teacher(s) is (1are) class and/or the creation of another. The District shall seek volunteers prior to making any involuntary transfer/reassignment. Volunteers shall be afforded all the rights associated with involuntary transfer/reassignment. Such transfers/reassignments shall not be punitive or disciplinary in nature. a. A teacher, to be involuntarily transferred/reassignedtransferred after considering the teachers’ area(s) of certification, shall have the right to indicate preferences from a list continuous length of all District vacancies. b. In the event that there are more volunteers than needed, vacancies will be filled in accordance with District seniority allowing for the appropriate credential. Volunteer teachers with the most seniority will be transferred/reassigned first. c. In the absence of a sufficient number of volunteers, involuntary transfers shall be determined in accordance with seniority service as a regular contract teacher in the District, allowing for legal requirements, and other relevant factors. If the appropriate credential. Teachers Superintendent determines that two or more teachers are equally well qualified in view of all such factors, the teacher with the least greatest seniority in the District seniority shall be transferred firstgiven the choice of assignment or transfer. 5.03.2 Professional staff members subject to involuntary transfer/reassignment shall be offered a choice of available assignments if more than one exists for which they may qualify at the time any transfer/reassignment is being considered. Teachers currently employed in grades TK- 6 will not If a teacher is to be involuntarily transferred reassigned, the administration through the teacher’s principal shall make every effort to grades 7-12, and teachers currently employed in grades 7-12 will not be involuntarily transferred notify the teacher of the new assignment prior to grades TK- 6 even if they hold an enabling credential (Multiple subject TK-8 and Single Subjects 7-12). Should involuntary transfer occur, affected personnel shall have first transfer rights to return to their prior site for the subsequent last day of the school year. d. In 5.03.3 A conference shall be held between the absence professional staff member and the building principal explaining the reasons a transfer of the individual is being considered. The professional staff member shall be given a written statement of these reasons at this time as well as the specifications of the new assignment including: a. subject(s) and/or grade(s) to be taught. b. building name in which the professional services are to be performed. 5.03.4 Any professional staff member subject to an involuntary transfer/reassignment after July 10 shall be permitted to resign without prejudice. Neither the superintendent nor the board shall request a suspension or removal of the staff member’s teaching certificate should that person choose to resign. The administration shall give a recommendation of said professional staff member which is unbiased by the resignation. 5.03.5 Except where involuntary transfer or reassignment of a sufficient number teacher is caused by a reduction in force, closing of volunteersone or more classrooms in a building, involuntary reassignments or a change in curriculum, nothing herein shall be determined in accordance with seniority construed as limiting the Superintendent’s authority to reassign certificated employees under Section 3319.01 of the Ohio Revised Code. 5.03.6 Professional staff members who have had their full assignment involuntary transferred to a teacher in the District, allowing for the appropriate credential. Teachers with the least District seniority different building shall be reassigned first. Teachers currently employed in grades TK- 6 will not be involuntarily reassigned granted two (2) paid release work days to grades 7-12, and teachers currently employed in grades 7- 12 will not be involuntarily reassigned move to grades TK-6 even if they hold an enabling credential (Multiple subject TK-8 and Single Subjects 7-12). Should involuntary reassignment occur, affected personnel shall have first rights to return to their prior grade level for the subsequent school year if a vacancy existsdifferent building.

Involuntary Transfer/Reassignment. 1. 13.4.1 The definition of an involuntary transfer is the movement of a unit member from one campus to another by the District when such a move is not requested by the unit member. 13.4.2 The definition of involuntary reassignment is the movement of a unit member from one subject area or one grade level to another grade level at the site principal same work location without the concurrence of that employee. 13.4.3 Involuntary transfer/reassignment shall initiate all involuntary transfers/reassignments only when it is necessary to do so be made for the following reasons: a shift in order to fill vacancies with available staff. Reasons for such involuntary transfers/reassignments would include, but not be limited by, a decrease in the number enrollment of students, which requires a decrease in the number of unit members; , elimination of program(s) and/or programs and funding; , school closing; , or after the District and SHTA have confirmed and mutually agree regarding any other reason for a shift in student populationtransfer/reassignment. 13.4.4 If the District chooses to make a transfer/reassignment (pursuant to 13.4.3), which necessitates the elimination of one (1) class and/or the creation of another. The District shall seek volunteers prior to making any involuntary transfer/reassignment. Volunteers No involuntary reassignment shall be afforded all the rights associated with made where a qualified volunteer exists. 13.4.5 If an involuntary transfer/reassignment. Such transfers/reassignments shall not be punitive or disciplinary in nature. a. A teacherreassignment becomes necessary, to be involuntarily transferred/reassigned, shall have the right to indicate preferences from a list of all District vacancies. b. In the event that there are more volunteers than needed, vacancies will be filled in accordance with District seniority allowing for the appropriate credential. Volunteer teachers unit member with the most proper credential and with the least seniority will shall be transferred/reassigned considered first. c. In 13.4.6 Before an involuntary reassignment is made, a meeting for the absence purpose of a sufficient number of volunteers, involuntary transfers consultation shall be determined in accordance held with seniority as the principal and the unit member to be reassigned. The unit member may request and shall receive written reasons for the involuntary transfer or reassignment. 13.4.7 A reasonable attempt shall be made to provide the unit member with a teacher tentative assignment for the succeeding school year by May 15. 13.4.8 No involuntary reassignment shall be made for arbitrary, capricious, punitive or discriminatory reasons. 13.4.9 Unit members who are permanently transferred or reassigned to a different preparation during the school year shall be allowed five (5) days of released time, if needed, for preparation prior to the effective date of the transfer or reassignment. The District shall provide assistance in the District, allowing for moving of the appropriate credential. Teachers with the least District seniority shall be unit member’s material whenever a unit member is transferred first. Teachers currently employed in grades TK- 6 will not be involuntarily transferred to grades 7-12, and teachers currently employed in grades 7-12 will not be involuntarily transferred to grades TK- 6 even if they hold an enabling credential (Multiple subject TK-8 and Single Subjects 7-12). Should involuntary transfer occur, affected personnel shall have first transfer rights to return to their prior site for the subsequent school yearor reassigned. d. In the absence of a sufficient number of volunteers, involuntary reassignments shall be determined in accordance with seniority as a teacher in the District, allowing for the appropriate credential. Teachers with the least District seniority shall be reassigned first. Teachers currently employed in grades TK- 6 will not be involuntarily reassigned to grades 7-12, and teachers currently employed in grades 7- 12 will not be involuntarily reassigned to grades TK-6 even if they hold an enabling credential (Multiple subject TK-8 and Single Subjects 7-12). Should involuntary reassignment occur, affected personnel shall have first rights to return to their prior grade level for the subsequent school year if a vacancy exists.