Common use of Involuntary Transfers Clause in Contracts

Involuntary Transfers. Except as noted in this Article, where it is necessary to select a unit member for transfer where a transfer has not been requested, the Board shall transfer in accordance with the following procedures: 1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers. 2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transfer. 3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible. 4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires. 5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection. 6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decision. In the event that the unit member objects to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit members. 7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.

Involuntary Transfers. Except as noted in this Article, where it is When involuntary transfers are necessary to select a unit member for transfer where a transfer has not been requestedany reason, the Board shall transfer in accordance with the following proceduresprocess will be used for educational office personnel and paraprofessional positions: 1. Volunteers shall first Affected bargaining unit members will be sought from that work location from within notified of the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionalsneed for involuntary transfer, and licensed practical nurse unit member's assignment affectedoffered the opportunity to accept the transfer. Any unit member who volunteers If more people are willing to become accept the involuntary transfer than needed, the most senior person willing to accept the transfer will be given the same consideration in determining reassignment as is given to involuntary transferstransferred. 2. If there an insufficient number of bargaining unit members are no volunteerswilling to accept the necessary transfer, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transferleast senior will be involuntarily transferred. 3. If the Each bargaining unit member designated for to be involuntarily transferred will be placed on the district-wide “involuntary transfer using list” and given the above steps is option of requesting due consideration for any available positions in the District. Consideration for educational office personnel positions shall be based upon qualifications, merit and ability (including performance evaluations, if available), relevant experience, and seniority, provided all other factors are determined by the Board District to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possibleequal. 4. Unit members designated as involuntary transfers shall be reassigned ahead of Bargaining unit members requesting voluntary transferson the district-wide “involuntary transfer List” who request due consideration for an available position and are not approved for the position will choose from any positions in the District that remain available following the due consideration process above, unit members returning from leaves in order of absence without pay, or new hiresseniority. 5. The employer Bargaining unit members on the district-wide “involuntary transfer list” will be notified of their assignment for the following school year no later than May 15th. If the need arises to alter an assignment, the bargaining unit member and Association will be notified immediately. Any bargaining unit member being involuntarily transferred shall make a list be placed before voluntary transfers are allowed and prior to hiring bargaining unit members from outside the District. 1. Affected bargaining unit members will be notified of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessionalthe need for involuntary transfer, and licensed practical nurse assignment and allow offered the opportunity to accept the transfer. If more people are willing to accept the transfer than needed, the most senior person willing to accept the transfer will be transferred. 2. If an insufficient number of bargaining unit members are willing to accept the necessary transfers, the least senior will be involuntarily transferred. 3. At every building, each bargaining unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection. 6. A unit member who is to be involuntarily transferred will be given the option of choosing an opening in his/her own building (if one is available) or of being placed on the district-wide “involuntary transfer list”. When more than one person in the building is being transferred the most senior will be given the opportunity to choose first, then the next, and so on. Building-based transfers will be completed prior to district-wide transfers. 4. All bargaining unit members on the district-wide “involuntary transfer list” will choose from any available positions in the District in order of seniority. 5. Bargaining unit members on the district-wide “involuntary transfer list” will be notified of their assignment for the following school year no later than May 15th. If the need arises to alter an assignment, the bargaining unit member and Association will be notified immediately. Any bargaining unit member being involuntarily transferred shall have be placed before voluntary transfers are allowed and prior to hiring bargaining unit members from outside the right District. If an involuntary transfer occurs during a school year, information provided to the bargaining unit member being involuntarily transferred will include, but not be limited to: the position they will be filling, the effective date, the job requirements and description. The bargaining unit member will be given the opportunity to meet with the Board representative who had administrator/supervisor of their new assignment to become acclimated to the new position, be informed of their schedule, introduced to the staff and facility, given an opportunity to indicate any potential training needs based on the requirements of the new position, etc. The bargaining unit member will be given at least 5 working days’ notice, except in an emergency, before the transfer is to be effective and every effort will be made to have the decisiontransition occur at a convenient time in the school calendar – coinciding with a holiday break, school improvement day, institute day, etc. In the event so that the unit member objects may have a chance to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit membersconclude their current assignment and prepare for their new assignment. 7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.

Involuntary Transfers. Except as noted in this Article1. When an employee is involuntarily transferred, where it is necessary they will have the opportunity to select make known to the appropriate administrators their wishes regarding a unit member new assignment. 2. An involuntary transfer will be made only after a meeting between the employee and the supervisor, at which time they will be notified of the reason for transfer where a transfer has not been requested, the Board shall transfer in accordance with the following procedures:writing. 13. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the Notice of an involuntary transfer will be given to the same employee as soon as possible in writing. 4. Employees being involuntarily transferred will be informed of appropriate vacancies known at the time the transfer is being made. 5. An employee involuntarily transferred from their position due to termination of the position, and not for performance reasons, will be given preference consideration to refill the position should it later be reinstated. Article 9 Employee Evaluation and Personnel Files A. TSPC Licensed/State Licensed/ODE Authorized Staff Evaluation 1. The District will follow the guidelines, procedures and requirements set forth in determining reassignment as is given to involuntary transfersaccordance with State statutes and outlined in the ▇▇▇▇▇▇▇ ESD Educator Support and Evaluation Guide (established collaboratively between ▇▇▇▇▇▇▇ ESD and DESDA). 2. If there are no volunteersPrior to the beginning of the evaluation process, all licensed employees will be provided with copies of the principal shall first select forms on which their evaluations will be written. Copies of any criteria, guidelines or standards of performance will be presented to and discussed with the employee within prior to starting the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transferevaluation process. 3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to All formal observations of work performance of an employee will be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possiblepre-scheduled. 4. Unit members designated as involuntary transfers shall Licensed employees will be reassigned ahead given a copy of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hiresthe evaluation report prepared by their supervisor and a conference will be held to discuss the report. 5. The employer evaluation reports shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service be maintained in the county as both assistant I and II shall be, at personnel files of the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selectionDistrict. 6. The evaluation report shall be placed in the employee’s personnel file only after reasonable notice to the employee. 7. A unit member who licensed employee may make a written statement relating to any evaluation, reprimand, charge, action or any matter placed in the employee’s personnel file and such employee’s statement shall be placed in the personnel file. 8. If a licensed employee is being considered for a program of assistance for improvement, they will be given prior notification and allowed to be involuntarily transferred shall have the right to meet Association representation of their choice at all meetings with the Board representative who had made the decisionadministration concerning this action. 9. In the event that the unit member objects District decides to the transfer at this meeting, upon requestrevise its present licensed employee evaluation procedures, the Superintendent or District will consult, pursuant to State statutes, with a committee of licensed employees appointed by the Superintendent's designee shall meet with such unit memberslocal bargaining unit. 7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.

Involuntary Transfers. Except as noted in this Article, where it 1. An Involuntary Transfer is necessary to select a Superintendent-initiated transfer of a bargaining unit member for transfer where to a transfer has not been requesteddifferent classification, shift, or location that occurs without the Board shall transfer in accordance with the following procedures: 1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse bargaining unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers’s approval. 2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse The Superintendent will provide in the affected category writing reasons for the involuntary transfer. 3. If the A bargaining unit member designated for who has been notified of an involuntary transfer using may request in writing a meeting with the above steps is determined by Superintendent to discuss the Board to be essential to merits of the work location that must lose a unit member, the Board may skip said transfer. The bargaining unit member and go may have a union representative at the meeting. No bargaining unit member will be involuntarily transferred to a position for which the next least senior bargaining unit member, when administratively possiblememberis not qualified for. 4. Unit members designated as involuntary transfers shall A bargaining unit member may only be reassigned ahead of involuntarily transferred once per year without the bargaining unit member's agreement. Bargaining unit members requesting voluntary transferswill not be involuntarily transferred two (2) years in a row unless it is due to a pandemic or implementation of a Reduction in Force. If a vacancy subsequently occurs involving the position the bargaining unit member was involuntarily transferred from, the bargaining unit members returning member may request to be returned to that position (i.e., the bargaining unit member’s original position) and the request will be granted. Nothing herein shall prevent a bargaining unit member from leaves of absence without payexpressing an interest in an open position to the Superintendent, or new hireswho will consider the request. 5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior A bargaining unit member declared as an involuntary transfer who has been involuntarily transferred shall be provided extended time at his/her hourly rate to make receive any training necessary for the first selection - from employee to perform his/her new assignment. The immediate supervisor will be responsible for determining the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment listamount of extended time. Assistants who have satisfactory service in the county as both assistant I and II shall be, The topic of extended time will be discussed at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority collaborative meeting referenced in each individual category. The unit member shall have one (1) business day to consider their selectionParagraph G below. 6. A If the bargaining unit member who is to be involuntarily transferred shall have the right to meet requests custodial assistance with the Board representative who had made move, the decisionimmediate supervisor will consider the request and determine whether to authorize such assistance. In If such assistance is not approved, the event that supervisor will discuss with the bargaining unit member objects the amount of extended time the bargaining unit member will need to complete the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit membersmove. 7. This provision The bargaining unit member and the Association shall in no way infringe upon the superintendent’s authority under 6- 201 be notified as soon as practicable of the Education Article of the Annotated Code of Marylandany involuntary transfer.

Involuntary Transfers. Except as noted in this Article, where it is When involuntary transfers are necessary to select a unit member for transfer where a transfer has not been requestedany reason, the Board shall transfer in accordance with the following proceduresprocess will be used for educational office personnel and paraprofessional positions: 1. Volunteers shall first Affected bargaining unit members will be sought from that work location from within notified of the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionalsneed for involuntary transfer, and licensed practical nurse unit member's assignment affectedoffered the opportunity to accept the transfer. Any unit member who volunteers If more people are willing to become accept the involuntary transfer than needed, the most senior person willing to accept the transfer will be given the same consideration in determining reassignment as is given to involuntary transferstransferred. 2. If there an insufficient number of bargaining unit members are no volunteerswilling to accept the necessary transfer, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transferleast senior will be involuntarily transferred. 3. If the Each bargaining unit member designated for to be involuntarily transferred will be placed on the District-wide “involuntary transfer using list” and given the above steps is option of requesting due consideration for any available positions in the District. Consideration for educational office personnel positions shall be based upon qualifications, merit and ability (including performance evaluations, if available), relevant experience, and seniority, provided all other factors are determined by the Board District to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possibleequal. 4. Unit members designated as involuntary transfers shall be reassigned ahead of Bargaining unit members requesting voluntary transferson the District-wide “involuntary transfer List” who request due consideration for an available position and are not approved for the position will choose from any positions in the District that remain available following the due consideration process above, unit members returning from leaves in order of absence without pay, or new hiresseniority. 5. The employer Bargaining unit members on the District-wide “involuntary transfer list” will be notified of their assignment for the following school year no later than May 15th. If the need arises to alter an assignment, the bargaining unit member and Association will be notified immediately. Any bargaining unit member being involuntarily transferred shall make a list be placed before voluntary transfers are allowed and prior to hiring bargaining unit members from outside the District. 1. Affected bargaining unit members will be notified of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessionalthe need for involuntary transfer, and licensed practical nurse assignment and allow offered the opportunity to accept the transfer. If more people are willing to accept the transfer than needed, the most senior person willing to accept the transfer will be transferred. 2. If an insufficient number of bargaining unit members are willing to accept the necessary transfers, the least senior will be involuntarily transferred. 3. At every building, each bargaining unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection. 6. A unit member who is to be involuntarily transferred will be given the option of choosing an opening in their own building (if one is available) or of being placed on the District-wide “involuntary transfer list”. When more than one person in the building is being transferred the most senior will be given the opportunity to choose first, then the next, and so on. Building-based transfers will be completed prior to District-wide transfers. 4. All bargaining unit members on the district-wide “involuntary transfer list” will choose from any available positions in the District in order of seniority. 5. Bargaining unit members on the District-wide “involuntary transfer list” will be notified of their assignment for the following school year no later than May 15th. If the need arises to alter an assignment, the bargaining unit member and Association will be notified immediately. Any bargaining unit member being involuntarily transferred shall have be placed before voluntary transfers are allowed and prior to hiring bargaining unit members from outside the right District. If an involuntary transfer occurs during a school year, information provided to the bargaining unit member being involuntarily transferred will include, but not be limited to: the position they will be filling, the effective date, the job requirements and description. The bargaining unit member will be given the opportunity to meet with the Board representative who had administrator/supervisor of their new assignment to become acclimated to the new position, be informed of their schedule, introduced to the staff and facility, given an opportunity to indicate any potential training needs based on the requirements of the new position, etc. The bargaining unit member will be given at least 5 working days’ notice, except in an emergency, before the transfer is to be effective and every effort will be made to have the decisiontransition occur at a convenient time in the school calendar – coinciding with a holiday break, school improvement day, institute day, etc. In the event so that the bargaining unit member objects may have a chance to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit membersconclude their current assignment and prepare for their new assignment. 7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.

Involuntary Transfers. Except as noted The parties recognize that, in this Articleorder to meet the staffing needs of the District, where it is may be necessary to select a unit member for transfer where a transfer has not been requested, the Board shall transfer in accordance with the following procedures:an educator involuntarily. 1. Volunteers The Building Principal from which the transfer is to occur shall first be sought seek volunteers from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfersaffected school. 2. If there In the event all factors are no volunteersdeemed equal, the principal Administration shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category for the involuntary transferconsider transferring a volunteer. 3. If the unit member designated no volunteers emerge, an educator shall be selected for involuntary transfer using based upon consideration of factors that include, without limitation: licensure, qualifications, merit,ability, performance appraisal, and relevant experience. Length of continuing service (i.e., seniority) must not be considered unless all other factors are deemed equal. No involuntary transfer shall be made without the above steps is determined by the Board to be essential immediate written notification to the work location that must lose educator, including the rationale. The educator selected for the involuntary transfer shall be considered for future vacancies for which they are qualified, provided the educator makes a unit memberrequest for a voluntary transfer. Additionally, the Board may skip said unit member educator will receive a conference with the relevant administrator, at which time the educator will receive an explanation of the process used to determine which educator would experience the transfer, and go the logistics of the change including any necessary adjustment to the next least senior unit member, when administratively possible. 4timeline for implementation of the transfer. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires. 5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as If an involuntary transfer is required, the selected educator will be notified in writing, including the rationale, prior to make the first selection - from end of the appropriate clericalperiod of time during which voluntary transfers occur and if possible, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in prior to the county as both assistant I and II shall be, at the unit member’s option, placed on end of the involuntary transfer list for assistants I and II based on their seniority in each individual categoryprocess timeline. The unit member provisions of Section 8.02 shall have one (1) business day to consider their selection. 6apply. A unit member who If the educator is to be involuntarily transferred shall have the right to meet not satisfied with the Board representative who had made results of this conference, they may appeal the decision. In the event that the unit member objects involuntary transfer decision to the transfer Superintendent’s designee. If the educator is not satisfied with the decision by the designee, they may appeal the decision to the Superintendent, whose decision shall be final. The educator may request the presence of an Association representative at this meetingeither of these appeal levels. Once an educator is selected for the involuntary transfer, upon requestwhere appropriate, the Superintendent or educator and the Superintendent's designee administrator involved will create a professional development transition plan to ease the educator’s transition and support educator success in the new position. The educator selected for the involuntary transfer shall meet with such unit membersbe considered for future vacancies for which they are qualified, provided the educator makes a request for a voluntary transfer pursuant to Section 8.04(A), above. 7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.

Involuntary Transfers. Except as noted A. Ineffectiveness or Incompatibility 1) Bargaining unit members shall be immediately informed in this Article, where it is necessary writing of any administrative concerns regarding ineffectiveness or incompatibility at the time that known circumstances and/or events give rise to select the concerns. Bargaining unit members shall also simultaneously be informed of any proposed procedures for resolving the stated concerns and provided opportunity for a future conference with the administrator communicating the concerns. The bargaining unit member for transfer where a transfer has not been requested, shall also have the Board shall transfer in accordance with the following procedures: 1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers right to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfersAssociation representation during such conferences. 2. ) If there are no volunteersan administrative transfer is proposed, copies of a written request for transfer shall be submitted to the principal shall first select teacher and the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse appropriate person in the affected category District's Division of Human Resources/Labor Relations by April 1 for transfers proposed for the involuntary beginning of the following school year. 3) Such written requests shall clearly indicate specific actions/circumstances/ events that are alleged to demonstrate ineffectiveness and/or incompatibility and contain an account of the procedures followed to ameliorate the circumstances giving rise to the proposed action to transfer. 3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible. 4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires. 5. ) The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The bargaining unit member shall have one three (13) business day working days within which to consider their selection. 6request review. A Upon the bargaining unit member's request, the Associate Superintendent, Division of Human Resources/Labor Relations, or his/her designee, shall schedule a conference wherein the merits of the proposed transfer may be thoroughly considered. The bargaining unit member who is to be involuntarily transferred shall have the right to meet with Association representation during such conference, and such conference shall occur not earlier than seven (7) nor later than fifteen (15) calendar days after the Board representative who had made bargaining unit member(s) request. 5) Within five (5) days after the decisionconference, the Associate Superintendent, Division of Human Resources/Labor Relations, shall submit his/her written disposition of the transfer request to the bargaining unit member(s). The bargaining unit member(s) shall then have the right to submit the merits of the proposed transfer to the Grievance Procedure contained within this contract beginning at Level III. 6) In reviewing charges of incompatibility and/or ineffectiveness, those responsible for conducting such review shall objectively and responsibly determine fault wherein ineffectiveness and/or incompatibility is primarily a result of an interpersonal strain between bargaining unit member(s) and the administrator seeking the bargaining unit member(s)' transfer. In those situations where the event that the unit member objects to administrator seeking the transfer at this meeting, upon requesthas not responsibly exercised fair judgment in the treatment of the bargaining unit member(s), the Superintendent or the Superintendent's designee bargaining unit member(s) shall meet with such unit membersnot be transferred for simple expediency. 7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.

Involuntary Transfers. Except as noted in this Article, where it is necessary to select a unit member for transfer where a transfer has not been requested1. When involuntary changes of assignment are necessary, the Board shall transfer EMPLOYEE'S quality of performance, length of service in accordance with the following procedures: 1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionalsPittsfield School System, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer needs of the system will be given considered in determining which Employees receiving an involuntary change of assignment will be assigned only to a comparable position at the same consideration in determining reassignment as is given to involuntary transfersclassification and rate of pay. 2. If there are no volunteersan EMPLOYEE is being considered for a change of assignment, she will be notified by her immediate supervisor, at which time the principal shall first select EMPLOYEE will be apprised of all conditions relative to the employee within anticipated change. The EMPLOYEE may request that the present clericalreasons for involuntary change of assignment be in writing and following same, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse may respond in writing before the affected category for effective date of the involuntary transferreassignment. 3. If the unit member designated for involuntary transfer using the above steps is determined If, following notification by the Board to be essential to immediate supervisor, it is agreeable with the work location immediate supervisor and the EMPLOYEE that must lose a unit memberthe change of assignment is in the best interest of both parties, the Board may skip said unit member EMPLOYEE will meet with the Assistant Superintendent for Personnel and go Negotiations to the next least senior unit member, when administratively possiblereview placement in a comparable position. 4. Unit members designated as involuntary transfers shall The EMPLOYEE will be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or given an interview with the immediate supervisor for the position(s) which she is considering and will be given adequate opportunity for training and briefing on her new hiresduties. 5. The employer Should the EMPLOYEE not agree with the immediate supervisor and/or Assistant Superintendent for Personnel and Negotiations as to the need for a change of assignment, the decision of the Supervisor and/or Assistant Superintendent for Personnel and Negotiations may be subject to the Grievance Procedure, but the decision of the School Committee shall make a list of all available vacancies or new positions by clerical, assistant I be final and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selectionbinding. 6. A unit member who is to If a vacancy occurs as a result of an involuntary change of assignment, the vacancy shall be involuntarily transferred shall have the right to meet posted in accordance with the Board representative who had made the decisionprovisions of Article V. 7. In the event a new system or process is introduced, all EMPLOYEES shall be given the opportunity to participate in the training program. It is understood that the unit member objects to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit memberstraining sessions may be offered after working hours and without compensation. 7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.

Involuntary Transfers. Except as noted in this Article, where it is necessary to select a unit member for transfer where An Involuntary Transfer will be a transfer of an individual between buildings that an employee has not been requested, . The District recognizes that the Board shall assignment and transfer in accordance with of an employee directly affects the following procedures: 1. Volunteers shall first be sought from that work location from within the present clerical, assistants I employee’s satisfaction and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers. 2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse effectiveness in the affected category for workplace. In the involuntary transfer. 3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit memberspirit of maintaining positions, the Board may skip said unit member and go to the next least senior unit member, when administratively possible. 4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires. 5will take place prior to reassignments. The employer shall make a list of all available vacancies or new positions by clerical, assistant I District will not involuntarily transfer employees for arbitrary and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection. 6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decisioncapricious reasons. In the event that the unit member objects Deer Park School District finds it necessary to involuntarily transfer certificated staff, then the following procedures will be used in the event of changes in enrollment/staffing needs: When determining involuntary transfers, the District will give consideration to the transfer at this meetingemployee’s personal preference and qualifications in the areas of training and experience. Certificated employees will not generally be assigned to areas; outside the employee's certificated/endorsed area(s); areas in which they are required to obtain emergency certification; or, upon requestareas in which the employee has less than two (2) years teaching experience. The number of years since teaching in the assigned area, the number of times the individual has been recently transferred, and the seniority within the district will all be considerations. Written communication from the Superintendent or designee will inform the Association President prior to notification of the affected staff member. Prior to implementing an involuntary transfer, the Superintendent or designee will discuss the Superintendent's designee shall transfer and rationale with affected employee(s) and will consider the employee’s concerns. Affected employee(s) will have the opportunity to present options and alternatives. Except in an emergency, such notice will be given as early as possible but not later than the last regularly scheduled school day. Employees will be provided reasonable assistance in facilitating the move. This assistance may include up to two days per diem pay or three days of substitute coverage at the teacher’s employee’s discretion. Employees who have been involuntarily transferred will not be evaluated unsatisfactory in the areas of “Knowledge of Subject Matter” or “Professional Preparation and Scholarship” during the first year of their involuntary transfer. An administrator will meet with such unit the individual being involuntarily transferred in order to develop an instructional support plan that may include but is not limited to mentoring, classroom observations, and meetings with department members. Employees involuntarily transferred will be given priority to return to a similar position at the previous site for three years. Refusal to return when an opening occurs terminates the employee’s right to return to the previous position. 7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.

Involuntary Transfers. Except as noted in this Article, where it is necessary to select a unit member for transfer where A. An Involuntary Transfer will be a transfer of an individual between buildings that an employee has not been requested, the Board shall transfer in accordance with the following procedures: 1. Volunteers shall first be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers. 2. If there are no volunteers, B. The District recognizes that the principal shall first select assignment and transfer of an employee directly affects the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, employee’s satisfaction and licensed practical nurse effectiveness in the affected category workplace. In the spirit of maintaining positions, involuntary transfers will take place prior to reassignments. The District will not involuntarily transfer employees for the involuntary transferarbitrary and capricious reasons. 3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit member, the Board may skip said unit member and go to the next least senior unit member, when administratively possible. 4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires. 5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection. 6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decision. C. In the event that the unit member objects Deer Park School District finds it necessary to involuntarily transfer certificated staff, then the following procedures will be used in the event of changes in enrollment/staffing needs: 1. When determining involuntary transfers, the District will give consideration to the transfer at this meetingemployee’s personal preference and qualifications in the areas of training and experience. 2. Certificated employees will not generally be assigned to areas; outside the employee's certificated/endorsed area(s); areas in which they are required to obtain emergency certification; or, upon requestareas in which the employee has less than two (2) years teaching experience. The number of years since teaching in the assigned area, the number of times the individual has been recently transferred, and the seniority within the district will all be considerations. 3. Written communication from the Superintendent or designee will inform the Association President prior to notification of the affected staff member. 4. Prior to implementing an involuntary transfer, the Superintendent or designee will discuss the Superintendent's designee shall meet transfer and rationale with affected employee(s) and will consider the employee’s concerns. Affected employee(s) will have the opportunity to present options and alternatives. 5. Except in an emergency, such unit membersnotice will be given as early as possible but not later than the last regularly scheduled school day. 6. Employees will be provided reasonable assistance in facilitating the move. This assistance may include up to two days per diem pay or three days of substitute coverage at the employee’s discretion. 7. This provision shall Employees who have been involuntarily transferred will not be evaluated unsatisfactory in no way infringe upon the superintendentareas of “Knowledge of Subject Matter” or “Professional Preparation and Scholarship” during the first year of their involuntary transfer. 8. An administrator will meet with the individual being involuntarily transferred in order to develop an instructional support plan that may include but is not limited to mentoring, classroom observations, and meetings with department members. 9. Employees involuntarily transferred will be given priority to return to a similar position at the previous site for three years. Refusal to return when an opening occurs terminates the employee’s authority under 6- 201 of right to return to the Education Article of the Annotated Code of Marylandprevious position.

Involuntary Transfers. Except as noted in An involuntary transfer is the involuntary movement of an employee from one school or worksite to another school or worksite. Reassigning an employee from one grade level, subject matter or class to another at the same worksite or school is not an involuntary transfer. The parties understand and agree that the reassignment of teachers within a school or worksite from one class, subject matter or grade level to another is governed by Section 9:33 – Teaching Assignments of this Article, where it is necessary to select a unit member for transfer where a transfer has not been requestedProvision. Also, the Board shall transfer in accordance with reassignment of an itinerant employee to a different worksite or school is not an involuntary transfer. Involuntary transfers may occur for any of the following procedures:reasons: • When new buildings open; • When a facility is closed; • When there is a decline in student enrollment; • To staff new schools or programs; • To adjust for loss of classes or programs; or • To avoid reductions in force. 1. Volunteers shall first Before involuntarily transferring any employee, voluntary transfer to a vacant position at another school or worksite will be sought from that work location from within the present clerical, assistants I and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers offered to become those whose transfer would make the involuntary transfer unnecessary. Anyone requesting a voluntary transfer may withdraw this request at any time prior to agreeing to accept a position. Those employees willing to transfer in order to avoid their own involuntary transfers or to avoid the involuntary transfer of another employee will be given the same consideration in determining reassignment as is given to involuntary transfershave priority for unfilled vacancies over Transfer Day and Job Fair applicants. 2. If It is recognized that there are no volunteersmight be more than one employee willing to transfer; and, in such case, the principal shall first select vacant position will be awarded to the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse in the affected category certified for the involuntary transferposition with the greatest system-wide seniority. If two (2) or more employees desire the vacant position and have equal certification and system- wide seniority: A. The position will be awarded to the employee with the greatest amount of academic preparation. (Academic preparation shall be measured as a major or advanced degree in a subject area); B. Thereafter, all things still being equal, the position will be awarded by lot. 3. If involuntary transfer cannot be avoided by following the unit member designated voluntary transfer provisions of this Section, employees will be chosen for involuntary transfer to positions for which they are certified using the above steps is following criteria: A. Performance and effectiveness as determined by School Board Policy. B. The employee(s) with the Board to be essential to the work location that must lose a unit memberleast building-level seniority; C. Where building-level seniority is equal, the Board may skip said unit member employee(s) with the least system-wide seniority will be involuntarily transferred; and D. Where building-level and go to the next least senior unit membersystem-wide seniority are equal, when administratively possibleselection for involuntary transfer will be made by lot. 4. Unit members designated as involuntary transfers The parties recognize that certified teachers who agree to teach courses or subjects outside of their area of certification to cover the shortage of certified teachers benefits the School System and the students of St. Tammany Parish. The parties also recognize that such teachers spend considerable time and resources in achieving the additional certifications and agree that they should not be penalized for doing so. Accordingly, for purposes of this Article, “certified” employee shall be reassigned ahead include a certified employee on a temporary teaching assignment who is working toward an additional certification in another area. The parties agree that it is consistent with the goal of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hireshaving certified teachers in the classroom for a certified teacher to accept a temporary teaching assignment and agree to work toward an additional certification in another area. 5. The employer shall make a list of all available vacancies or new positions by clerical, assistant I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants Employees who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection. 6. A unit member who is to be are involuntarily transferred shall have the right to meet return to the schools or worksites from which they were transferred in order of system-wide seniority, provided a permanent vacancy for which they are certified occurs at their former schools or worksites prior to the first pupil attendance day of the school year following the school year in which their transfers took place. The parties understand, agree, and confirm the past practice that when more than one employee wishes to return and fill the same vacancy and the employees wishing to return have equal system-wide seniority, lots will be drawn to select the employee who receives the position. Employees interested in returning to their former schools shall notify the Department of Human Resources. An employee interested in returning to his former school or worksite shall notify the Department of Human Resources. In accordance with past practice, where the need to reduce one or more positions in a program or department at a particular school or worksite results in the need to involuntarily transfer an employee, the affected employee will not have the right to the position held by another employee at that school or worksite who is not in the department or program, even though that position is held by an employee with less building or system-wide seniority. 6. Where the entire student body of a school building or an entire grade, department or classification of employee (for example, kindergarten teachers) is moved en masse to another school or worksite or divided between two or more schools or worksites, employees shall be transferred with their classes if their classes also move intact to a new location. If their classes are divided or split among new locations or cease to exist in their present form as a result of the move, transfers to the new location or locations will be made in accordance with the Board representative who had made the decision. In the event that the unit member objects to the transfer at this meeting, upon request, the Superintendent or the Superintendent's designee shall meet with such unit memberscriteria set forth in subsection (C) above. 7. This provision Any employee who is involuntarily transferred shall in no way infringe upon not again be involuntarily transferred for a period of two (2) school years. 8. An employee on sabbatical leave shall be notified if his position is subject to being abolished. Such notification shall be by certified mail, return receipt requested. 9. An employee may also be transferred involuntarily at the superintendent’s authority under 6- 201 direction of the Education Article Superintendent when the Superintendent determines that special or exigent circumstances, or conflicts between employees, make it necessary to transfer one or more employees in the interest of security and safety. Any employee involuntarily transferred under this provision may grieve the transfer under the grievance and arbitration provisions of this Agreement. Before an involuntary transfer occurs under this provision, the provision of the Annotated Code of Marylandjust cause procedure, Article III – Discipline (Provisions Common to All Employees), shall be observed.

Involuntary Transfers. Except as noted in this Article, where it is necessary to select a unit member for transfer where An Involuntary Transfer will be a transfer of an individual between buildings that an employee has not been requested, . The District recognizes that the Board shall assignment and transfer in accordance with of an employee directly affects the following procedures: 1. Volunteers shall first be sought from that work location from within the present clerical, assistants I employee’s satisfaction and II, student support assistants, security monitors, paraprofessionals, and licensed practical nurse unit member's assignment affected. Any unit member who volunteers to become the involuntary transfer will be given the same consideration in determining reassignment as is given to involuntary transfers. 2. If there are no volunteers, the principal shall first select the employee within the present clerical, assistant I, assistant II, student support assistant, security monitor, paraprofessional, and licensed practical nurse effectiveness in the affected category for workplace. In the involuntary transfer. 3. If the unit member designated for involuntary transfer using the above steps is determined by the Board to be essential to the work location that must lose a unit memberspirit of maintaining positions, the Board may skip said unit member and go to the next least senior unit member, when administratively possible. 4. Unit members designated as involuntary transfers shall be reassigned ahead of unit members requesting voluntary transfers, unit members returning from leaves of absence without pay, or new hires. 5will take place prior to reassignments. The employer shall make a list of all available vacancies or new positions by clerical, assistant I District will not involuntarily transfer employees for arbitrary and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment and allow the most senior unit member declared as an involuntary transfer to make the first selection - from the appropriate clerical, assistants I and II, student support assistant, security monitor, paraprofessional, and licensed practical nurse assignment list. Assistants who have satisfactory service in the county as both assistant I and II shall be, at the unit member’s option, placed on the involuntary transfer list for assistants I and II based on their seniority in each individual category. The unit member shall have one (1) business day to consider their selection. 6. A unit member who is to be involuntarily transferred shall have the right to meet with the Board representative who had made the decisioncapricious reasons. In the event that the unit member objects Deer Park School District finds it necessary to involuntarily transfer certificated staff, then the following procedures will be used in the event of changes in enrollment/staffing needs: When determining involuntary transfers, the District will give consideration to the transfer at this meetingemployee’s personal preference and qualifications in the areas of training and experience. Certificated employees will not generally be assigned to areas; outside the employee's certificated/endorsed area(s); areas in which they are required to obtain emergency certification; or, upon requestareas in which the employee has less than two (2) years teaching experience. The number of years since teaching in the assigned area, the number of times the individual has been recently transferred, and the seniority within the district will all be considerations. Written communication from the Superintendent or designee will inform the Association President prior to notification of the affected staff member. Prior to implementing an involuntary transfer, the Superintendent or designee will discuss the Superintendent's designee shall transfer and rationale with affected employee(s) and will consider the employee’s concerns. Affected employee(s) will have the opportunity to present options and alternatives. Except in an emergency, such notice will be given as early as possible but not later than the last regularly scheduled school day. Employees will be provided reasonable assistance in facilitating the move. This assistance may include up to two days per diem pay or three days of substitute coverage at the employee’s discretion. Employees who have been involuntarily transferred will not be evaluated unsatisfactory in the areas of “Knowledge of Subject Matter” or “Professional Preparation and Scholarship” during the first year of their involuntary transfer. An administrator will meet with such unit the individual being involuntarily transferred in order to develop an instructional support plan that may include but is not limited to mentoring, classroom observations, and meetings with department members. Employees involuntarily transferred will be given priority to return to a similar position at the previous site for three years. Refusal to return when an opening occurs terminates the employee’s right to return to the previous position. 7. This provision shall in no way infringe upon the superintendent’s authority under 6- 201 of the Education Article of the Annotated Code of Maryland.