Common use of PERFORMANCE PROBLEMS Clause in Contracts

PERFORMANCE PROBLEMS. Before recommending an involuntary transfer based upon any performance problems, the Superintendent or his designee shall give notice of the performance problem(s) and time to address and respond to the concerns, and unless extenuating circumstances exist, the instructional bargaining unit member will be offered assistance and time to address and resolve the concerns. In addition, the following procedures shall apply: a) Instructional bargaining unit members affected by recommendations for such an involuntary transfer which have been proposed for the upcoming year will be notified on or before May 1, unless extenuating circumstances exist. b) A conference will be held, if requested by the instructional bargaining unit members, between the instructional bargaining unit member and the Superintendent and/or his/her designee to discuss the reasons for recommending a transfer, and to allow the instructional bargaining unit members the opportunity to present his/her side of the matter and his/her position regarding being transferred. Any instructional bargaining unit member attending a conference will have the right of Union representation upon the instructional bargaining unit member's request. A written report of the conference with an instructional bargaining unit member concerning a recommended transfer will be given to the instructional bargaining unit member within ten (10) working days of the conference. c) The instructional bargaining unit members will receive written notice of the recommendation of the Superintendent of a transfer and will have the opportunity to appear at the School Board meeting at which the transfer will be presented for approval. Instructional bargaining unit members affected by involuntary transfer shall be notified in writing on or before July 1 as to their assignment for the upcoming year except in an emergency. d) The recommendation of the Superintendent and notice of transfer will be placed in the instructional bargaining unit member's official file, along with any conference report as described above concerning an instructional bargaining unit member to be used for official purposes in regard to a transfer, which report will be placed in the instructional bargaining unit member's official file according to provisions of Article VII, Section Q of the Instructional Master Contract. e) None of the above shall apply to, restrict, or interfere with (1) investigation of a complaint to an outside agency such as HRS or in the criminal justice system, or (2) the Superintendent's discretion and authority, as provided under Section 1012.27, Florida Statutes, and Florida Administrative Code Rule 6B 4.4005 to transfer any employee during an emergency and report the transfer to the School Board at the next regular meeting, or (3) involuntary transfers as provided for in Article VII, Section F, subsections 1, 2 and 5 of the Instructional Master Contract, and (4) none of the above shall restrict or interfere with the Superintendent's authority as provided under Section 1012.27, Florida Statutes, and Florida Administrative Code Rule 6B-4.005 to recommend transfer of instructional bargaining unit members or the School Board's authority as provided in Section 1012.27, Florida Statutes, to act on the Superintendent's recommendations. f) At an alternative school for disruptive students, teachers whose performance is judged to be unsatisfactory by the school principal shall be subject to involuntary transfer twenty five (25) days after the principal has provided the teacher with an opportunity to improve his/her performance and the performance continues to be below expectations. Any such transfer shall be according to the criteria in State Board Rules, 6B-4.005 and the Instructional Master Contract, Article VII, Section F(5). The reason for such transfer shall be discussed with the teacher and, upon the teacher's request, with a Union representative prior to the transfer. At an alternative school for disruptive students the salary of a teacher who is involuntarily transferred to another school shall not be reduced for the remainder of the school year. g) Individuals involuntarily transferred for performance or other problems shall also have priority on assignments to open positions over all voluntary transfers.

PERFORMANCE PROBLEMS. Before recommending an involuntary transfer based upon any performance problems, the Superintendent or his designee shall give notice of the performance problem(s) and time to address and respond to the concerns, and unless extenuating circumstances exist, the instructional bargaining unit member will be offered assistance and time to address and resolve the concerns. In addition, the following procedures shall apply: a) Instructional bargaining unit members affected by recommendations for such an involuntary transfer which have been proposed for the upcoming year will be notified on or before May 1, unless extenuating circumstances exist. b) A conference will be held, if requested by the instructional bargaining unit members, between the instructional bargaining unit member and the Superintendent and/or his/her designee to discuss the reasons for recommending a transfer, and to allow the instructional bargaining unit members the opportunity to present his/her side of the matter and his/her position regarding being transferred. Any instructional bargaining unit member attending a conference will have the right of Union representation upon the instructional bargaining unit member's request. A written report of the conference with an instructional bargaining unit member concerning a recommended transfer will be given to the instructional bargaining unit member within ten (10) working days of the conference. c) The instructional bargaining unit members will receive written notice of the recommendation of the Superintendent of a transfer and will have the opportunity to appear at the School Board meeting at which the transfer will be presented for approval. Instructional bargaining unit members affected by involuntary transfer shall be notified in writing on or before July 1 as to their assignment for the upcoming year except in an emergency. d) The recommendation of the Superintendent and notice of transfer will be placed in the instructional bargaining unit member's official file, along with any conference report as described above concerning an instructional bargaining unit member to be used for official purposes in regard to a transfer, which report will be placed in the instructional bargaining unit member's official file according to provisions of Article VII, Section Q of the Instructional Master Contract. e) None of the above shall apply to, restrict, or interfere with (1) investigation of a complaint to an outside agency such as HRS or in the criminal justice system, or (2) the Superintendent's discretion and authority, as provided under Section 1012.27230.33(7)(d), Florida Statutes, and Florida Administrative Code Rule 6B 4.4005 to transfer any employee during an emergency and report the transfer to the School Board at the next regular meeting, or (3) involuntary transfers as provided for in Article VII, Section F, subsections 1, 2 and 5 of the Instructional Master Contract, and (4) none of the above shall restrict or interfere with the Superintendent's authority as provided under Section 1012.27230.33(7)(d), Florida Statutes, and Florida Administrative Code Rule 6B-4.005 to recommend transfer of instructional bargaining unit members or the School Board's authority as provided in In Section 1012.27230.23(5)(e), Florida Statutes, to act on the Superintendent's recommendations. f) At an alternative school for disruptive students, teachers whose performance is judged to be unsatisfactory by the school principal shall be subject to involuntary transfer twenty five (25) days after the principal has provided the teacher with an opportunity to improve his/her performance and the performance continues to be below expectations. Any such transfer shall be according to the criteria in State Board Rules, 6B-4.005 6B-4 .005 and the Instructional Master Contract, Article VII, Section F(5). The reason for such transfer shall be discussed with the teacher and, upon the teacher's request, with a Union representative prior to the transfer. At an alternative school for disruptive students the salary of a teacher who is involuntarily transferred to another school shall not be reduced for the remainder of the school year. g) Individuals involuntarily transferred for performance or other problems shall also have priority on assignments to open positions over all voluntary transfers.