Common use of Involuntary Transfers Clause in Contracts

Involuntary Transfers. 12.4.1 Involuntary Transfers may be made for the following reasons: enrollment shifts or trends; program reduction or elimination; educational course or program requirements; disciplinary or school climate requirements, provided that the conduct requiring discipline has been documented to at least Level Two or that the investigated circumstances impacting school climate have been set out in writing by the administration; state or federal requirements. 12.4.2 With the exception of individuals being transferred under disciplinary or school climate requirements, it shall be the most junior member meeting the following criteria defined in 12.4.3 who shall be transferred. Seniority shall be determined district-wide rather than site-level. 12.4.3 Involuntary transfers by the District shall be based on the following criteria: credential authorization, state and federal mandates relative to the requirements of the position, and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coaches) from the extra duty classification levels and, to the extent possible, Department Chairs. 12.4.4 Involuntary transfers will not be made in an arbitrary or capricious fashion. 12.4.5 Except in unusual circumstances, individual teachers shall not be involuntarily transferred more than once in three years. 12.4.6 Those to be involuntarily transferred may indicate a preference of assignments to the Superintendent. 12.4.7 Those to be involuntarily transferred shall, upon written request, have written reason for the impending transfer from the Superintendent. 12.4.8 In subsequent school years, priority consideration to return to a former worksite will be given to a request from an employee who was involuntarily transferred from said site in the past, provided the employee is properly qualified for said vacancy and the reasons for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036. 12.4.9 If a unit member who was transferred involuntarily due to enrollment shifts and/or decline, or boundary changes, the unit member shall be offered the first opportunity to return to the unit member’s school if a subsequent vacancy develops in the department from which the employee had been involuntarily transferred. 12.4.10 Involuntary transfers shall not result in loss of contract salary, seniority, or fringe benefits. 12.4.11 ln the event there is a unification, the District and Federation agree to meet and negotiate the ramifications of the action, including but not limited to involuntary transfer, layoff, unit share adjustments, priorities for assignment, and related topics. In any case, the District shall comply with the statutory processes required for unification.

Involuntary Transfers. 12.4.1 Involuntary Transfers may be made for the following reasons: enrollment shifts or trends; program reduction or elimination; educational course or program requirements; disciplinary or school climate requirements, provided that the conduct requiring discipline has been documented to at least Level Two or that the investigated circumstances impacting school climate have been set out in writing by the administration; state or federal requirements. 12.4.2 With the exception of individuals being transferred under disciplinary or school climate requirements, it shall be the most junior member meeting the following criteria defined in 12.4.3 who shall be transferred. Seniority shall be determined districtDistrict-wide rather than site-level. 12.4.3 Involuntary transfers by the District shall be based on the following criteria: credential authorization, state and federal mandates relative to the requirements of the position, and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coaches) from the extra duty classification levels and, to the extent possible, Department Chairs. 12.4.4 Involuntary transfers will not be made in an arbitrary arbitrary, discriminatory, or capricious fashion. 12.4.5 Except in unusual circumstances, individual teachers shall not be involuntarily transferred more than once in three years. 12.4.6 Those to be involuntarily transferred may indicate a preference of assignments to the Superintendent. 12.4.7 Those to be involuntarily transferred shall, upon written request, have written reason for the impending transfer from the Superintendent. 12.4.8 In subsequent school years, priority consideration to return to a former worksite will be given to a request from an employee who was involuntarily transferred from said site in the past, provided the employee is properly qualified for said vacancy and the reasons for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036. 12.4.9 If a unit member who was transferred involuntarily due to enrollment shifts and/or decline, or boundary changes, the unit member shall be offered the first opportunity to return to the unit member’s school if a subsequent vacancy develops in the department from which the employee had been involuntarily transferred. 12.4.10 Involuntary transfers shall not result in loss of contract salary, seniority, or fringe benefits. 12.4.11 ln the event there is a unification, the District and Federation agree to meet and negotiate the ramifications of the action, including but not limited to involuntary transfer, layoff, unit share Unit Share adjustments, priorities for assignment, and related topics. In any case, the District shall comply with the statutory processes required for unification.

Involuntary Transfers. 12.4.1 Involuntary Transfers may be made 4.03.1 When an involuntary transfer, for the following reasons: enrollment shifts school year, is necessary because of school closure or trends; program reduction or elimination; educational course or program requirements; disciplinary or school climate requirementsexcess staff, provided that the conduct requiring discipline has been documented to at least Level Two or that the investigated circumstances impacting school climate have been set out in writing as determined by the administration; state or federal requirementspupil-teacher ratio in the spring the following procedures shall apply: a. No later than May 1, the site/program administrator shall notify the members affected and circulate a statement of tentatively determined surplus staff to each member at his/her work site. Thereafter a site member may, upon request, meet with the site/program administrator to make recommendations as to the identification of the surplus prior to the final decision. 12.4.2 With b. In the exception of individuals being transferred under disciplinary or school climate requirements, it shall be the most junior member meeting the following criteria defined in 12.4.3 who shall be transferred. Seniority shall be determined district-wide rather than site-level. 12.4.3 Involuntary transfers by the District shall be based on the following criteria: credential authorization, state and federal mandates relative to the requirements of the position, and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coaches) from the extra duty classification levels and, to the extent possible, Department Chairs. 12.4.4 Involuntary transfers will not be made in an arbitrary or capricious fashion. 12.4.5 Except in unusual circumstances, individual teachers shall not be involuntarily transferred more than once in three years. 12.4.6 Those to be involuntarily transferred may indicate a preference of assignments to the Superintendent. 12.4.7 Those to be involuntarily transferred shall, upon written request, have written reason for the impending transfer from the Superintendent. 12.4.8 In subsequent school years, priority consideration to return to a former worksite will be given to a request from an employee who was involuntarily transferred from said site in the past, provided the employee is properly qualified for said vacancy and the reasons for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036. 12.4.9 If a unit member who was transferred involuntarily due to enrollment shifts and/or decline, or boundary changes, the unit member shall be offered the first opportunity to return to the unit member’s school if a subsequent vacancy develops in the department from which the employee had been involuntarily transferred. 12.4.10 Involuntary transfers shall not result in loss of contract salary, seniority, or fringe benefits. 12.4.11 ln the event there is a unification, the District and Federation agree to meet and negotiate the ramifications of the action, including but not limited to involuntary transfer, layoff, unit share adjustments, priorities for assignment, and related topics. In any casespring, the District shall comply determine which schools are to be affected no later than May 10. c. No later than May 15, the site/program administrator shall circulate to each member at the work site a statement of tentatively determined surplus staff, and a list of all vacancies known as of May 10. d. No later than May 15, a request for volunteers is to be made. Volunteers shall make their final intention known no later than May 19. Such volunteers shall be transferred as involuntary transferees. e. All members subject to involuntary transfer shall be ranked in order of district-wide seniority as a certificated employee. Members having the same hire date shall be ranked by lottery administered by the District in the presence of a representative of the Association. f. Involuntary transfers shall be made by reverse district-wide seniority of members employed in elementary schools; by reverse district-wide seniority in middle schools; and by reverse district-wide seniority by department in high schools. The determination by seniority shall be subject to program needs of the school. Such a determination shall not be made without a basis in fact. A member shall be deemed to have seniority in the department in which he/she has the majority of his/her assignment. If the assignment is evenly divided, the majority assignment in the immediate preceding years shall control. A member in high school who is selected for involuntary transfer from a department may apply his/her seniority in another department in which the member had a majority of his/her assignment during the previous school year in that building. For purposes of seniority pursuant to Section 4.03.1(f), a member assigned to a limited-term position (not to exceed two (2) years) shall remain in the department to which he/she was assigned immediately before. g. The District shall list all vacancies within the District known as of May 10. A copy of this list shall be sent to each employee subject to involuntary transfer. h. If a position is left vacant by a member on paid leave or on District assignment, that position may be filled voluntarily by a surplus teacher for the length of the paid leave or assignment. The surplus member’s rights under Section 4.03 of this contract, at the end of this period of service, shall be no greater nor less than they were at the beginning of the period. i. The list of involuntary transferees in the spring shall be determined by district-wide seniority and composed of: ii. Members assigned after the current school year began pursuant to Section 4.03.5 or Section 4.03.6. iii. Members unable to make a selection and assigned. iv. Members identified for involuntary transfer in the spring of the current school year pursuant to Section 4.03.1. 4.03.2 May 1-May 20 a. The list of vacancies shall accumulate from May 1 until May 19. No vacancies shall be filled prior to May 19. b. No later than May 20, the District shall send by certified mail to each involuntary transferee a list of vacancies known as of May 19. If those dates are not work days, the preceding work days shall be used. c. Members being involuntarily transferred shall be notified by certified mail of the time and place to appear, in order of their district-wide seniority, to make position choices from the list of vacancies accumulated through May 19. Each member shall select three (3) positions for which he/she is eligible (credentialed or could be credentialed by Board resolution). At least two (2) must be in the same division to which the member is currently assigned. If the member is not eligible for three (3) positions, he/she shall select as many positions as possible from the list. If the member selects in this manner, he/she shall be given one (1) of the positions so selected. If the member is eligible for three (3) positions and selects fewer than three (3), he/she may be given one of those positions at the discretion of the Assistant Superintendent of Human Resources or designee. Members shall be assigned by order of district-wide seniority with the statutory processes required most senior member assigned first and continuing in order of seniority, except as provided in Section 4.03.2(d). d. A member who chooses to delay his/her selection or does not appear at the time and place, as notified pursuant to 4.03.2(c) above, shall be placed by the District. This does not preclude the member from applying for unificationany vacancies that appear subsequent to the surplus date. If the position for which he/she is credentialed reopens at the member’s previous school, the member has return rights pursuant to Section 4.

Involuntary Transfers. 12.4.1 Involuntary Transfers may 14.3.2.1 The District shall not involuntarily transfer a unit member for arbitrary and/or capricious reasons. 14.3.2.2 When a reduction in the number of employees at a school site is necessary, volunteers shall first be made given an opportunity to be considered for transfer to known vacant positions under the following reasons: enrollment shifts provisions: a) If two or trends; program reduction or elimination; educational course or program requirements; disciplinary or school climate requirementsmore-unit members volunteer to transfer, provided that the conduct requiring discipline has been documented to at least Level Two or that criteria for selecting the investigated circumstances impacting school climate have been set out in writing by transferee are credential(s) held, major/minor field of study, teaching experience, professional improvement/renewal, prior evaluations, co/extracurricular assignments, and special requirements of the administration; state or federal requirements. 12.4.2 With vacancy. Where the exception necessary qualifications of individuals being transferred under disciplinary or school climate requirementsthe applicants involved are relatively equal, it seniority shall be the determining factor. 1. When seniority is the determining factor between two or more volunteers, the principal shall meet with the person(s) (individually) with the most junior seniority and give them the option of transferring. b) If no volunteers are forthcoming, the unit member meeting with the following criteria defined in 12.4.3 who least seniority, based on program needs and credentials, shall be involuntarily transferred. Seniority . 14.3.2.2.1 A unit member involuntarily transferred as a result of staff reductions shall have the right to return to his/her initial school site if: 1) during that school year or by the end of the second week of the next school year a vacancy occurs at that site; and 2) the vacant position is one for which the unit member is qualified by way of credential. 14.3.2.2.2 No unit member shall be determined district-wide rather than site-level. 12.4.3 Involuntary transfers by the District shall be based on the following criteria: credential authorizationinvoluntarily transferred, state and federal mandates relative due to the requirements of the position, and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coaches) from the extra duty classification levels and, to the extent possible, Department Chairs. 12.4.4 Involuntary transfers will not be made in an arbitrary or capricious fashion. 12.4.5 Except in unusual circumstances, individual teachers shall not be involuntarily transferred enrollment changes more than once in three within two consecutive school years. 12.4.6 Those to be involuntarily transferred may indicate 14.3.2.3 The principal shall confer with the unit member well in advance (thirty (30) work days when possible) of the time a preference of assignments to the Superintendent. 12.4.7 Those to be involuntarily transferred shall, upon written request, have written reason transfer is recommended. Reasons for the impending transfer from shall be provided, in writing, to the Superintendentunit member. 12.4.8 In subsequent school years, priority consideration to return to a former worksite will be given to a request from 14.3.2.4 If selected for an employee who was involuntarily transferred from said site in the past, provided the employee is properly qualified for said vacancy and the reasons involuntary transfer for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036. 12.4.9 If a unit member who was transferred involuntarily due to enrollment shifts and/or decline, or boundary changesnext school year, the unit member shall be offered given the first opportunity to return indicate a preference for a placement where a vacancy exists. The unit member is permitted to decline an assignment and defer being assigned to another school, in order to seek other positions which may open up during the summer. Any assignment so declined may not be reserved for the unit member’s , and, if the unit member has not accepted a position by August 15, he or she shall be subject to assignment at the discretion of the District. Once the assignment is made, the unit member shall not be eligible to request a change in that assignment for the remainder of the school if a subsequent vacancy develops in the department from which the employee had been involuntarily transferredyear. 12.4.10 Involuntary transfers shall not result in loss 14.3.2.5 During the first semester of contract salary, seniority, or fringe benefits. 12.4.11 ln an involuntary transfer at the event there is a unificationsecondary level, the District and Federation agree will attempt to meet and negotiate avoid assigning the ramifications teacher to a position that involves more than three (3) different preparations. 14.3.2.6 Unit members who are involuntarily transferred during the school year shall have no fewer than two (2) instruction-free days prior to beginning the new assignment. 14.3.2.7 Unit members involuntarily transferred prior to the beginning of the action, including but not limited new school year are eligible to involuntary transfer, layoff, receive two (2) exchange days. 14.3.2.8 The District shall offer to assist the unit share adjustments, priorities for assignment, member in moving equipment and/or materials. 14.3.2.9 If the unit member and related topics. In any casethe District agree it is necessary, the District will provide in-service training prior to or following the teacher's transfer. If a college or university course is deemed by the unit member and the District to be helpful in the new position, the tuition will be paid by the District. 14.3.2.10 A unit member being involuntarily transferred shall comply with be given priority in placement over any voluntary transfer requests and outside applicants provided the statutory processes required for unificationunit member holds the appropriate credential.

Involuntary Transfers. 12.4.1 7.2.1 Reasons for an Involuntary Transfers may Transfer include: Educational needs of the District; Balancing the staff of a school or department; Changes in enrollment; Placement of personnel returning from leaves; Opening and closing of schools; or Reduction or elimination of staffing or programs. 7.2.2 If requested, the employee shall be made given the reason for the following reasons: enrollment shifts or trends; program reduction or elimination; educational course or program requirements; disciplinary or school climate requirements, provided that the conduct requiring discipline has been documented to at least Level Two or that the investigated circumstances impacting school climate have been set out transfer in writing by and/or be able to request to meet with the administration; state Superintendent or federal requirementsdesignee regarding the reasons for the transfer. 12.4.2 With the exception of individuals being transferred under disciplinary or school climate requirements, it shall be the most junior member meeting the following criteria defined in 12.4.3 7.2.3 Employees who shall be transferred. Seniority shall be determined district-wide rather than site-level. 12.4.3 Involuntary transfers by the District shall be based on the following criteria: credential authorization, state and federal mandates relative to the requirements of the position, and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coaches) from the extra duty classification levels and, to the extent possible, Department Chairs. 12.4.4 Involuntary transfers will not be made in an arbitrary or capricious fashion. 12.4.5 Except in unusual circumstances, individual teachers shall not be involuntarily transferred more than once in three years. 12.4.6 Those are to be involuntarily transferred may shall have the right to indicate a preference of assignments to the Superintendentassignment, if more than one (1) transfer option is available. 12.4.7 Those 7.2.4 No employee may be transferred as a means to be involuntarily transferred shall, upon written request, have written reason for the impending transfer from the Superintendentpunish. 12.4.8 In subsequent school years, priority consideration to return to a former worksite will be given to a request from an employee who was involuntarily transferred from said site 7.2.5 When involuntary transfers are required because of changes in the past, provided the employee is properly qualified for said vacancy and the reasons for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036. 12.4.9 If a unit member who was transferred involuntarily due to enrollment shifts and/or decline, or boundary changes, the unit member shall be offered the first opportunity to return to the unit member’s school if a subsequent vacancy develops in the department from which the employee had been involuntarily transferred. 12.4.10 Involuntary transfers shall not result in loss of contract salary, seniority, or fringe benefits. 12.4.11 ln the event there is a unificationenrollment, the District and Federation agree will consider voluntary transfers first. The District is not obligated to accept the request by a volunteer who does not meet and negotiate the ramifications educational needs of the action, including but not limited to involuntary transfer, layoff, unit share adjustments, priorities for assignment, and related topicsDistrict. 7.2.6 Involuntary transfer decisions will be based upon the educational needs of the District. In any casemaking its decision, the District shall comply consider the credential(s) and the educational background and experience of those being considered for involuntary transfer and any personal hardships of affected employees. When the qualifications, professional experience, and skills of two or more affected employees are deemed by the District to be equal, the District shall make a selection based on District and/or site seniority of those being considered. 7.2.7 The District will consult with Grade 7-12 Department Chairpersons and the statutory processes required affected employee prior to the involuntary transfer. 7.2.8 In instances where an employee is involuntarily transferred, the District shall agree in writing to return the employee to the previous assignment, provided the assignment still exists, at the beginning of the year immediately following the duration of the transfer. In cases where the involuntary transfer has occurred to balance staff within a school or department, the employee may return to the previous assignment at the end of a two (2)-year term, provided the assignment still exists. The affected employee shall make this request in writing on the district- provided form at the time of the involuntary transfer. 7.2.9 When considering employee-initiated transfers for unificationa coming school year, the District shall offer an interview to employees who were either involuntarily reassigned or involuntarily transferred for the current school year. The interview shall be for positions the employee has requested a transfer to and for which they are qualified. It shall be the obligation of the employee to submit a Request for Transfer form to the Human Resources Office. 7.2.10 An employee who has been involuntarily transferred prior to the contractual year shall have for preparation two (2) days, at the hourly rate, before assuming the new assignment. 7.2.11 An employee who has been involuntarily transferred during the contractual year, shall have for preparation two (2) teaching days, at full salary or two (2) non- teaching days at the hourly rate before assuming the new assignment. 7.2.12 An employee returning form an involuntary transfer will not be considered for another involuntary transfer for a minimum of five (5) years.

Involuntary Transfers. 12.4.1 Involuntary Transfers 3.1 Reasons for involuntary transfers may be made for include: 3.1.1 Decline in student enrollment 3.1.2 Elimination/initiation or reduction/expansion of programs or services 3.1.3 Accommodating the following reasons: enrollment shifts special staffing needs and/or requirements at either school involved 3.1.4 Balance in class loads or trends; program reduction class size 3.1.5 Meeting the requirements of the Districts' Affirmative Action Policy, or elimination; educational course any legal requirements of the District 3.1.6 School reorganization or program requirements; disciplinary or school climate requirements, provided closure 3.1.7 District belief that the conduct requiring discipline has been documented a transfer to at least Level Two or that the investigated circumstances impacting school climate have been set out a different position will likely result in writing better performance by the administration; state or federal requirementsteacher 3.2 A unit employee determined to be excess at a site location and who is transferred as a result thereof shall be given first priority based on seniority with proper credentialing and/or certification to any open positions in the District. 12.4.2 3.3 Action by the District pertaining to involuntary transfers shall be as follows: 3.3.1 With the exception of individuals being transferred under disciplinary or school climate requirements3.1.7 above, it after proceeding in accordance with Section 2, with respect to voluntary transfer, the District shall be the most junior member meeting the following criteria defined in 12.4.3 who shall determine which unit member(s) are to be transferred. Seniority shall be determined district-wide rather than site-level. 12.4.3 Involuntary transfers by the District 3.3.2 This determination shall be based on the following criteria: credential authorization, state and federal mandates relative Districts' judgment as to the requirements relative qualifications of the position, and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coachesunit employees at the school(s) from which the extra duty classification levels and, transfers are to be affected for the extent possible, Department Chairsknown openings to be filled. 12.4.4 Involuntary transfers will not 3.3.3 In the event two or more employees at the school(s) from which the transfer(s) are to be made affected are deemed to have equal qualifications, the employee(s) with the least classification seniority (as defined in an arbitrary or capricious fashion2.2.4) shall be transferred. 12.4.5 Except 3.3.4 In the case of two or more qualified unit employees being transferred to two or more openings for which they are deemed equally qualified, the employees may exercise their preference for the openings based on their classification seniority. 3.4 The unit member, upon request, may meet with the administrator recommending the transfer and be advised of the reasons for such transfer. Said reasons shall be provided in unusual circumstances, individual teachers writing at the written request of the unit member. 3.5 Any unit member who is involuntarily transferred shall not be involuntarily transferred more than once again for a period of two (2) school years. Any unit employee involuntarily transferred prior to the beginning of the school year shall be assisted by the District in three yearsthe movement of the employee's materials and supplies. 12.4.6 Those 3.6 Any unit employee involuntarily transferred after the commencement of the school year shall be entitled to a District paid substitute for two (2) days to assist the employee in accomplishing the transfer. The employee shall be assisted by the District in the movement of the employee's materials and supplies. 3.7 If a particular site is to be involuntarily transferred may indicate a preference of assignments to the Superintendent. 12.4.7 Those to closed, unit members at that site shall be involuntarily transferred shall, upon written request, have written reason accorded first priority for the impending transfer from the Superintendent. 12.4.8 In subsequent school years, priority consideration to return to a former worksite will be given to a request from an employee who was involuntarily transferred from said site filling any new or vacant positions with proper credential and/or certification and principal approval in the past, provided the employee is properly qualified for said vacancy and the reasons for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036District. 12.4.9 If a unit member who was transferred involuntarily due to enrollment shifts and/or decline, or boundary changes, the unit member shall be offered the first opportunity to return to the unit member’s school if a subsequent vacancy develops in the department from which the employee had been involuntarily transferred. 12.4.10 Involuntary transfers shall not result in loss of contract salary, seniority, or fringe benefits. 12.4.11 ln the event there is a unification, the District and Federation agree to meet and negotiate the ramifications of the action, including but not limited to involuntary transfer, layoff, unit share adjustments, priorities for assignment, and related topics. In any case, the District shall comply with the statutory processes required for unification.

Involuntary Transfers. 12.4.1 Involuntary Transfers may be made 11.7.1 The District shall seek volunteers before involuntarily transferring a unit member to fill a vacancy for which he/she meets the criteria in Paragraph 11.1(g), unless such unit member is being transferred pursuant to sub-sections 11.7.2(a)2, 11.7.2(a)3, 11.7.2(a)4, 11.7.2(a)6. If a unit member volunteers for the following reasons: enrollment shifts or trends; program reduction or elimination; educational course or program requirements; disciplinary or school climate requirementsinvoluntary transfer, provided that the conduct requiring discipline has been documented to at least Level Two or that the investigated circumstances impacting school climate have been set out in writing by the administration; state or federal requirementsdistrict shall follow provisions of 11.7.5, 11.7.6, 11.7.3, 11.7.7, and 11.7.8. 12.4.2 With the exception of individuals being transferred under disciplinary or school climate requirements, it shall be the most junior member meeting the following criteria defined in 12.4.3 who shall be transferred. Seniority shall be determined district-wide rather than site-level. 12.4.3 Involuntary transfers by the District shall be based on the following criteria: credential authorization, state and federal mandates relative to the requirements of the position, and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coachesa) from the extra duty classification levels and, to the extent possible, Department Chairs. 12.4.4 Involuntary transfers will not be made in an arbitrary or capricious fashion. 12.4.5 Except in unusual circumstances, individual teachers shall not be involuntarily transferred more than once in three years. 12.4.6 Those Unit members to be involuntarily transferred may shall have the right to indicate preferences in writing from a preference list of assignments known vacancies. (b) The Superintendent or designee shall consider such preferences. In arriving at a decision, the District will make its decision by utilizing the criteria in Paragraph 11.1(g). A written explanation will be provided to unit members denied their preference. 11.7.2 The District shall have discretion to initiate and implement the involuntary transfer of any unit member for any reason deemed by the District in its discretion to be satisfactory, subject to the Superintendentfollowing limitations: (a) The reason for such transfer must be one or more of the following: 1. Excess staff; 2. Modifications, relocations, additions or deletions of programs and/or specific curriculum needs; 3. A need for specialized skills; 4. A need for improvement in performance where transfer could benefit the unit member and/or the students as documented by evaluations. In a period of non- evaluation, other substantive documentation may be used to justify an involuntary transfer to improve performance; 5. School closure or opening; 6. Documented and corroborated staff friction not based solely on hearsay. 12.4.7 Those 11.7.3 No unit member will be involuntarily transferred if that unit member has been involuntarily transferred within a period of twenty-four (24) months of notification of the involuntary transfer. This provision shall not apply to either itinerant unit members or to the transfer of a class or program (this includes, by way of illustration and not limitation: Special Education, GATE, etc.) or the opening or closure of a school. 11.7.4 The procedures for involuntary transfer shall be as follows: (a) At least ten (10) days in advance of the intended involuntary transfer, the unit member and CUTA will receive written notification of the reasons for the transfer, and be given an opportunity to object. (b) The unit member to be involuntarily transferred shalland/or a CUTA representative and the supervisor will hold a conference regarding the transfer. If the involuntary transfer occurs during the school year, upon written requestthe conference will be held within five (5) unit member workdays. If the involuntary transfer occurs during a non-student attendance period, have written reason for the impending transfer from conference will be held at a mutually acceptable time which shall be prior to the Superintendentstart of classes. 12.4.8 In subsequent school years(c) Should the unit member object to the transfer, priority consideration to return to a former worksite second conference will be given held, within five (5) days of receipt of the objection, with the supervisor and a representative designated by the Superintendent to resolve the matter. The CUTA shall have the right to have a request from an employee who was involuntarily transferred from said site in representative present at this conference if requested by the pastunit member or if the unit member is unavailable. (d) Should the unit member still object to the transfer after the second conference, the District shall have the discretion to implement the transfer over the objections of the unit member, provided the employee is properly qualified for said vacancy and District has confirmed, in writing, the reasons reason originally given for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036transfer. 12.4.9 11.7.5 If a unit member who was transferred is involuntarily due to enrollment shifts and/or decline, or boundary changestransferred, the District will provide packing supplies for the unit member shall be offered member’s classroom materials. The District will transport the first opportunity to return classroom materials to the unit member’s school if a subsequent vacancy develops in the department from which the employee had been involuntarily transferrednew work site. 12.4.10 Involuntary transfers 11.7.6 Unit members involuntarily transferred to another school shall not result in loss of contract salary, seniority, or fringe benefitsbe paid two (2) full days’ pay at their daily rate for moving. 12.4.11 ln 11.7.7 A unit member who is involuntarily transferred during the event school year to a different subject area or grade level shall also receive two (2) days of release time for preparation and orientation or two (2) days’ pay at their daily rate if mutually agreed to by the unit member and the District. 11.7.8 The District agrees that it will not involuntarily transfer a unit member to a different program (as defined in Paragraph 11.1(h), alternative education (as defined in Paragraph 11.1(i) or non-traditional teaching environment (as defined in Paragraph 11.1(k)if there is a unification, the District and Federation agree to meet and negotiate the ramifications of the action, including but not limited to involuntary transfer, layoff, unit share adjustments, priorities vacant position available in a traditional teaching environment for assignment, and related topics. In any case, the District shall comply with the statutory processes required for unificationwhich he/sheis qualified.

Involuntary Transfers. 12.4.1 Involuntary Transfers may be made for The District also has the right to involuntarily transfer any unit member when the Superintendent or designee determines that such an assignment is in the best interest of the District, subject only to the following reasons: enrollment shifts or trends; program reduction or elimination; educational course or program requirements; disciplinary or school climate requirementssections below, and provided that the conduct requiring discipline has been documented to at least Level Two or that the investigated circumstances impacting school climate have been set out such transfer shall not be punitive in writing by the administration; state or federal requirementsnature. 12.4.2 With 10.7.1.1 In the exception event of individuals being transferred under disciplinary or school climate requirementsa need to involuntarily transfer a unit member, it shall be the most junior member meeting the following criteria defined in 12.4.3 who shall be transferred. Seniority shall be determined district-wide rather than site-level. 12.4.3 Involuntary transfers by the District shall be based on notify in writing all teachers with appropriate certification of the following criteria: credential authorization, state and federal mandates relative to the requirements following: 10.7.1.1.1 a description of the position, including grade, subject and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coaches) from the extra duty classification levels site; 10.7.1.1.2 a request for volunteers; and, to the extent possible, Department Chairs 10.7.1.1.3 a statement that an involuntary transfer will result should no volunteers materialize. 12.4.4 10.7.1.2 Involuntary transfers will not transfer criteria shall be the same as those identified in sections 10.2.2.1 through 10.2.2.4. 10.7.1.3 Notice of transfer shall be given to unit members as soon as feasible. 10.7.1.3.1 A unit member subject to an involuntary transfer may request a meeting with the Superintendent or designee, at which time the unit member shall be informed of the reasons for the transfer. The transfer shall be made in an arbitrary or capricious fashion. 12.4.5 Except in unusual circumstances, individual teachers only after such a meeting. The unit member shall not be involuntarily transferred more than once in three years. 12.4.6 Those to be involuntarily transferred may indicate a preference of assignments to the Superintendent. 12.4.7 Those to be involuntarily transferred shallgiven, upon written request, have written reason for the impending transfer from the Superintendent. 12.4.8 In subsequent school years, priority consideration to return to a former worksite will be given to a request from an employee who was involuntarily transferred from said site in the past, provided the employee is properly qualified for said vacancy and the reasons for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036transfer. 12.4.9 10.7.1.4 If an involuntary transfer occurs after the beginning of a unit member who was transferred involuntarily due to enrollment shifts and/or decline, semester or boundary changestrimester, the unit member shall be offered given between three and five days without classroom duties to prepare for the new assignments. In addition the unit member may expend up to $300 through District purchasing procedures for supplemental instructional materials within thirty (30) calendar days following the first opportunity to return to the unit member’s school if a subsequent vacancy develops date of service in the department from position to which the employee had been involuntarily they were transferred. 12.4.10 10.7.1.5 Unit members who are involuntarily transferred after receiving their tentative assignment and prior to the start of the subsequent school year may expend up to $300 through District purchasing procedures for supplemental instructional materials within thirty (30) calendar days following the first date of service in the position to which they were transferred. 10.7.1.6 Involuntary transfers caused by changes in enrollment shall not result in loss of contract salary, seniority, or fringe benefitsoccur later than fifteen (15) workdays into the semester. 12.4.11 ln the event there is a unification, the District and Federation agree to meet and negotiate the ramifications of the action, including but not limited to involuntary transfer, layoff, unit share adjustments, priorities for assignment, and related topics. In any case, the District shall comply with the statutory processes required for unification.

Involuntary Transfers. 12.4.1 Involuntary Transfers may be made 11.7.1 The District shall seek volunteers before involuntarily transferring a unit member to fill a vacancy for which he/she meets the criteria in Paragraph 11.1(g), unless such unit member is being transferred pursuant to sub-sections 11.7.2(a)2, 11.7.2(a)3, 11.7.2(a)4 or 11.7.2(a)6. If a unit member volunteers for the following reasons: enrollment shifts or trends; program reduction or elimination; educational course or program requirements; disciplinary or school climate requirementsinvoluntary transfer, provided that the conduct requiring discipline has been documented to at least Level Two or that the investigated circumstances impacting school climate have been set out in writing by the administration; state or federal requirementsdistrict shall follow provisions of 11.7.5 and 11.7.6. 12.4.2 With the exception of individuals being transferred under disciplinary or school climate requirements, it shall be the most junior member meeting the following criteria defined in 12.4.3 who shall be transferred. Seniority shall be determined district-wide rather than site-level. 12.4.3 Involuntary transfers by the District shall be based on the following criteria: credential authorization, state and federal mandates relative to the requirements of the position, and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coachesa) from the extra duty classification levels and, to the extent possible, Department Chairs. 12.4.4 Involuntary transfers will not be made in an arbitrary or capricious fashion. 12.4.5 Except in unusual circumstances, individual teachers shall not be involuntarily transferred more than once in three years. 12.4.6 Those Unit members to be involuntarily transferred may shall have the right to indicate preferences in writing from a preference list of assignments known vacancies. (b) The Superintendent or designee shall consider such preferences. In arriving at a decision, the District will make its decision by utilizing the criteria in Paragraph 11.1(g). A written explanation will be provided to unit members denied their preference. 11.7.2 The District shall have discretion to initiate and implement the involuntary transfer of any unit member for any reason deemed by the District in its discretion to be satisfactory, subject to the Superintendentfollowing limitations: (a) The reason for such transfer must be one or more of the following: 1. Excess staff; 2. Modifications, relocations, additions or deletions of programs and/or specific curriculum needs; 3. A need for specialized skills; 4. A need for improvement in performance where transfer could benefit the unit member and/or the students as documented by evaluations. In a period of non- evaluation, other substantive documentation may be used to justify an involuntary transfer to improve performance; 5. School closure or opening; 6. Documented and corroborated staff friction not based solely on hearsay. 12.4.7 Those 11.7.3 No unit member will be involuntarily transferred if that unit member has been involuntarily transferred within a period of twenty-four (24) months of notification of the involuntary transfer. This provision shall not apply to either itinerant unit members or to the transfer of a class or program (this includes, by way of illustration and not limitation: Special Education, GATE, etc.) or the opening or closure of a school. 11.7.4 The procedures for involuntary transfer shall be as follows: (a) At least ten (10) days in advance of the intended involuntary transfer, the unit member and CUTA will receive written notification of the reasons for the transfer, and be given an opportunity to object. (b) The unit member to be involuntarily transferred shalland/or a CUTA representative and the supervisor will hold a conference regarding the transfer. If the involuntary transfer occurs during the school year, upon written requestthe conference will be held within five (5) unit member workdays. If the involuntary transfer occurs during a non-student attendance period, have written reason for the impending transfer from conference will be held at a mutually acceptable time which shall be prior to the Superintendentstart of classes. 12.4.8 In subsequent school years(c) Should the unit member object to the transfer, priority consideration to return to a former worksite second conference will be given held, within five (5) days of receipt of the objection, with the supervisor and a representative designated by the Superintendent to resolve the matter. The CUTA shall have the right to have a request from an employee who was involuntarily transferred from said site in representative present at this conference if requested by the pastunit member or if the unit member is unavailable. (d) Should the unit member still object to the transfer after the second conference, the District shall have the discretion to implement the transfer over the objections of the unit member, provided the employee is properly qualified for said vacancy and District has confirmed, in writing, the reasons reason originally given for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036transfer. 12.4.9 11.7.5 If a unit member who was transferred is involuntarily due to enrollment shifts and/or decline, or boundary changestransferred, the District will provide packing supplies for the unit member shall be offered member’s classroom materials. The District will transport the first opportunity to return classroom materials to the unit member’s school if a subsequent vacancy develops in the department from which the employee had been involuntarily transferrednew work site. 12.4.10 Involuntary transfers 11.7.6 Unit members involuntarily transferred to another school shall not result in loss of contract salary, seniority, or fringe benefitsbe paid two (2) full days’ pay at their daily rate for moving. 12.4.11 ln 11.7.7 A unit member who is involuntarily transferred during the event school year to a different subject area or grade level shall also receive two (2) days of release time for preparation and orientation or two (2) days’ pay at their daily rate if mutually agreed to by the unit member and the District. 11.7.8 The District agrees that it will not involuntarily transfer a unit member to a different program (as defined in Paragraph 11.1(h), alternative education (as defined in Paragraph 11.1(i) or non-traditional teaching environment (as defined in Paragraph 11.1(k) if there is a unification, the District and Federation agree to meet and negotiate the ramifications of the action, including but not limited to involuntary transfer, layoff, unit share adjustments, priorities vacant position available in a traditional teaching environment for assignment, and related topics. In any case, the District shall comply with the statutory processes required for unificationwhich he/she is qualified.

Involuntary Transfers. 12.4.1 9.6.1 Involuntary Transfers Transfer Due to Lack of Appropriate Credential Authorization. 9.6.1.1. Prior to being involuntarily transferred, a certificated bargaining unit member lacking an appropriate CLAD, BCLAD, or SDAIE or credentialauthorization shall be offered an opportunity to do either of the following: 9.6.1.1.1 Reassignment to another position at the same school site to which he/she is qualified. 9.6.1.1.2 Enrollment in a program to acquire the appropriate credential while remaining in the same assignment. The employee must make a good faith effort to successfully complete the program within the required time limits as required by law. 9.6.1.1.3 A certificated bargaining unit member who has been notified 90 days prior to assuming his/her classroom assignment that he/she needs an authorized credential and who doesn’t voluntarily transfer or enroll in a program to acquire the appropriate credential or authorization may be made involuntarily transferred. 9.6.1.1.3.1 If a bargaining unit member is involuntarily transferred for lack of appropriate credential authorization, the District will make every reasonable effort to place the bargaining unit member in an assignment at the same grade level or curricular area as his/her previous assignment. 9.6.2 Involuntary Transfer for Decline in Enrollment or Program Reduction. 9.6.3 At schools identified by the District Office for reduction in staff as a result of decline in enrollment, program reduction, or program elimination, site supervisors and appropriate staff shall establish criteria for the determination of which personnel shall be transferred. All unit members at that site shall be notified regarding the criteria to be used by the immediate supervisor for the determination of which personnel shall be transferred. 9.6.3.1 Prior to the imposition of an involuntary transfer, volunteers shall be sought via a school wide announcement by the immediate supervisor. 9.6.4 If sufficient voluntary transfers are not forthcoming, the immediate supervisor shall select the unit member to be transferred based upon the following reasons: enrollment shifts criteria: 9.6.4.1 Required credential authorization(s) (elementary and secondarypositions); 9.6.4.2 Major(s) or trendsminor(s) (specialized elementary positions and all secondary positions); 9.6.4.3 Expertise at a particular grade level (elementary only); program reduction or elimination; educational course or program requirements; disciplinary or school climate requirementssubjectarea experience (secondary positions); 9.6.4.4 Skills and individual capabilities as specified in the job description (elementary and secondary positions); 9.6.4.5 Applicable adjunct capabilities (elementary and secondary). 9.6.4.6 If the above factors are substantially equal, provided that then the conduct requiring discipline has been documented to at unit member with the least Level Two or that the investigated circumstances impacting school climate have been set out District-wide seniority shall be selected. 9.6.4.6.1 The unit member shall be notified in writing by the administration; state or federal requirementsimmediate supervisor of the effective date of the transfer. 12.4.2 With 9.6.4.6.2 Unit members who are required to move to another site during the exception summer due to program needs/changes will be provided payment for two substitute days ($100) if the teacher is not notified of individuals being the move prior to the last week of school. 9.6.5 Unit members who are to be transferred under disciplinary or school climate requirements, it such conditions shall be given the most junior member meeting opportunity to apply for any vacant positions in the following criteria defined in 12.4.3 who District and the selection of such personnel shall be transferred. Seniority made as required in 9.4. 9.6.5.1 Unit members who meet all the criteria in 9.4.4 for a vacancy shall have priority placement to a vacancy prior to consideration of outside candidates. 9.6.6 Unit members shall be determined district-wide rather than site-level. 12.4.3 Involuntary transfers by granted, upon request, a personal meeting with the District Superintendent or his/her designee if they object to the involuntary transfer and/or subsequent assignment. The Superintendent or his/her designee shall make the decision regarding the transfer and his/her decision shall be based on the following criteria: credential authorization, state and federal mandates relative submitted in writing to the requirements of the position, and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coaches) from the extra duty classification levels and, to the extent possible, Department Chairs. 12.4.4 Involuntary transfers will not be made in an arbitrary or capricious fashion. 12.4.5 Except in unusual circumstances, individual teachers shall not be involuntarily transferred more than once in three years. 12.4.6 Those to be involuntarily transferred may indicate a preference of assignments to the Superintendent. 12.4.7 Those to be involuntarily transferred shall, upon written request, have written reason for the impending transfer from the Superintendent. 12.4.8 In subsequent school years, priority consideration to return to a former worksite will be given to a request from an employee who was involuntarily transferred from said site in the past, provided the employee is properly qualified for said vacancy and the reasons for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036. 12.4.9 If a unit member who was transferred involuntarily due to enrollment shifts and/or decline, or boundary changes, the unit member shall be offered and the first opportunity to return to the unit member’s school if a subsequent vacancy develops in the department from which the employee had been involuntarily transferredimmediate supervisor involved. 12.4.10 Involuntary transfers shall not result in loss of contract salary, seniority, or fringe benefits. 12.4.11 ln the event there is a unification, the District and Federation agree to meet and negotiate the ramifications of the action, including but not limited to involuntary transfer, layoff, unit share adjustments, priorities for assignment, and related topics. In any case, the District shall comply with the statutory processes required for unification.

Involuntary Transfers. 12.4.1 Involuntary Transfers may 14.3.2.1 The District shall not involuntarily transfer a unit member for arbitrary and/or capricious reasons. 14.3.2.2 When a reduction in the number of employees at a school site is necessary, volunteers shall first be made given an opportunity to be considered for transfer to known vacant positions under the following reasons: enrollment shifts provisions: a) If two or trends; program reduction or elimination; educational course or program requirements; disciplinary or school climate requirementsmore unit members volunteer to transfer, provided that the conduct requiring discipline has been documented to at least Level Two or that criteria for selecting the investigated circumstances impacting school climate have been set out in writing by transferee are credential(s) held, major/minor field of study, teaching experience, professional improvement/renewal, prior evaluations, co/extra curricular assignments, and special requirements of the administration; state or federal requirements. 12.4.2 With vacancy. Where the exception necessary qualifications of individuals being transferred under disciplinary or school climate requirementsthe applicants involved are relatively equal, it seniority shall be the determining factor. 1. When seniority is the determining factor between two or more volunteers, the principal shall meet with the person(s) (individually) with the most junior seniority and give them the option of transferring. b) If no volunteers are forthcoming, the unit member meeting with the following criteria defined in 12.4.3 who least seniority, based upon program needs and credentials, shall be involuntarily transferred. Seniority . 14.3.2.2.1 A unit member involuntarily transferred as a result of staff reductions shall have the right to return to his/her initial school site if: 1) during that school year or by the end of the second week of the next school year a vacancy occurs at that site; and 2) the vacant position is one for which the unit member is qualified by way of credential. 14.3.2.2.2 No unit member shall be determined district-wide rather than site-level. 12.4.3 Involuntary transfers by the District shall be based on the following criteria: credential authorizationinvoluntarily transferred, state and federal mandates relative due to the requirements of the position, and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coaches) from the extra duty classification levels and, to the extent possible, Department Chairs. 12.4.4 Involuntary transfers will not be made in an arbitrary or capricious fashion. 12.4.5 Except in unusual circumstances, individual teachers shall not be involuntarily transferred enrollment changes more than once in three within two consecutive school years. 12.4.6 Those to be involuntarily transferred may indicate 14.3.2.3 The principal shall confer with the unit member well in advance (thirty (30) work days when possible) of the time a preference of assignments to the Superintendent. 12.4.7 Those to be involuntarily transferred shall, upon written request, have written reason transfer is recommended. Reasons for the impending transfer from shall be provided, in writing, to the Superintendentunit member. 12.4.8 In subsequent school years, priority consideration to return to a former worksite will be given to a request from 14.3.2.4 If selected for an employee who was involuntarily transferred from said site in the past, provided the employee is properly qualified for said vacancy and the reasons involuntary transfer for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036. 12.4.9 If a unit member who was transferred involuntarily due to enrollment shifts and/or decline, or boundary changesnext school year, the unit member shall be offered given the first opportunity to return indicate a preference in placement where a vacancy exists. The unit member is permitted to decline an assignment, and defer being assigned to another school, in order to seek other positions which may open up during the summer. Any assignment so declined may not be reserved for the unit member’s , and, if the unit member has not accepted a position by August 15, he or she shall be subject to assignment at the discretion of the District. Once the assignment is made, the unit member shall not be eligible to request a change in that assignment for the remainder of the school if a subsequent vacancy develops in the department from which the employee had been involuntarily transferredyear. 12.4.10 Involuntary transfers shall not result in loss 14.3.2.5 During the first semester of contract salary, seniority, or fringe benefits. 12.4.11 ln an involuntary transfer at the event there is a unificationsecondary level, the District and Federation agree will attempt to meet and negotiate avoid assigning the ramifications teacher to a position which involves more than three (3) different preparations. 14.3.2.6 Unit members who are involuntarily transferred during the school year shall have no fewer than two (2) instruction­free days prior to beginning the new assignment. 14.3.2.7 Unit members involuntarily transferred prior to the beginning of the action, including but not limited new school year are eligible to involuntary transfer, layoff, receive two (2) exchange days. 14.3.2.8 The District shall offer to assist the unit share adjustments, priorities for assignment, member in moving equipment and/or materials. 14.3.2.9 If the unit member and related topics. In any casethe District agree it is necessary, the District will provide inservice training prior to or following the teacher's transfer. If a college or university course is deemed by the unit member and the District to be helpful in the new position, the tuition will be paid by the District. 14.3.2.10 A unit member being involuntarily transferred shall comply with be given priority in placement over any voluntary transfer requests and outside applicants provided the statutory processes required for unificationunit member holds the appropriate credential.