11. TRANSFER/REASSIGNMENT PROVISIONS
11.1  Definitions of Terms
11.1.1.   Transfer:  Transfer is the change of a unit member from one site to another.
11.1.2     Reassignment:  A reassignment is a change of a unit member’s grade level assignment, a change between one year and the next, or a change from one class to another during the year, at grade level, in classroom designation/program, a change of three or more preparations, or a change to a combination class (two or more grade levels).  A change from a combination class to either grade of that combination is not a reassignment.  Reassignments shall be made at the discretion of the site administration, subject to the provisions of 11.4 and 11.5 below.
11.1.3   Transfer or Reassignment:  A transfer or a reassignment may be unit member-initiated or District-initiated.
11.1.4   Opening:  An opening is a position at a site without an assigned unit member.
11.1.5   Vacancy:  A vacancy is a position at a given District site which is not filled by a reassignment at the site, by a returnee from a paid leave of absence, or by a District-initiated transfer.
   
A. The determination of whether or not a vacancy or opening exists is within the sole discretion of the District.
11.2 Extra Preparation Time
11.2.1   Unit members transferred, reassigned, or moved after the first day of instruction shall be provided with one day working with the person currently in the assignment or to prepare for the assignment.  An additional day(s) may be granted upon request by the Associate Superintendent, Human Resources or designee.
11.3 Effect of a Unit Member Transfer or Reassignment Request
11.3.1   A unit member who has applied for a transfer or reassignment to a specific vacancy or opening shall not, as a result of having filed for a transfer or reassignment, be removed from his/her current assignment until the transfer or reassignment has been decided.
11.4 Notification of Reasons
11.4.1   When a request for unit member-initiated reassignment or transfer is denied for reasons other than lack of a vacancy, District management shall, upon request, provide unsuccessful applicants with a statement of reasons for denial of their request for reassignment or transfer based on the criteria list in this Article.
11.5 Support Staff Personnel
11.5.1   The initial assignment of support staff personnel (Psychologists, Speech/Language Specialists, Nurses, Adaptive P.E. Teachers, Migrant Education Teachers, Curriculum Specialists, Itinerate Teachers, Child Welfare and Attendance Workers) to work sites shall be at the discretion of their respective departments.  Changes in assignment shall be made after seeking volunteers as appropriate and shall not be made arbitrarily or capriciously.
11.6 Reassignment:  Unit Member-Initiated
11.6.1   As openings occur at each site, they shall be made known to all unit members of the site.  Unit members off cycle, on summer recess, or on leave of absence shall provide stamped self-addressed envelopes if they want to be notified of openings.  The opening notice shall include the position, level or subject matter of assignment, special credential if applicable, or other pertinent needs or requirements, and the closing date of such position which shall be a minimum of five (5) duty days after the initial posting date of the opening.  
A. Between April 15 and the first day of instruction, three (3) calendar days initial posting at each site shall take place.  All site unit members shall be noticed of openings both electronically and by hard copy.  Unit members may apply for the vacancy subject to the provisions of 11.6.3.
11.6.2   Unit members may request a reassignment to any specific opening for which they are qualified during the time of the opening.
11.6.3   Selection of Candidate – District management shall select the most qualified applicant for the opening based upon the following criteria:
   
A. Posted qualifications for the opening, including grade level and/or subject area, appropriate credentials, experience, and any special qualifications for the opening.

B. Posted educationally-related needs of the District and/or affected schools for grade level and/or subject area.

C. Legal requirements for grade level and/or subject.

D. Years of experience in the District.

 

1. Interviews shall be reserved for instances when candidates are similar with regard to these criteria.

2. If two (2) or more applicants are equally qualified, seniority in the District shall be the determining factor.

3. A five (5) working day notice shall be provided to the SAEA office, the SAUSD Human Resources Office, and a SAEA representative appointed by the SAEA President to be invited to attend reassignment related interviews.

All interviews shall be conducted by an interview panel.  The interview panel shall include an SAEA representative appointed by the President of SAEA.

By July 1st of each year, the SAEA President shall provide a list of SAEA representatives and alternates ranked in order of preference by school site for interview panels.

The list of SAEA representatives and alternates may be revised at the sole discretion of the SAEA President.
11.6.4   At any time prior to the granting of a reassignment, the reassignment request may be withdrawn by the unit member.
11.6.5   At decile 1-3 schools, as ranked by the Academic Performance Index, the site principal holds the right to refuse the transfer in of any unit member per Education Code 35036(a).  In the event that the above Education Code is changed, this provision shall be consistent with the new Education Code.
11.7 Reassignment: District-Initiated
11.7.1   Prior to making a District-initiated assignment caused by declining enrollment, enrollment shifts, or budgetary considerations, the District shall seek qualified volunteers at the site including an attempt to notify those off cycle and those on leave of absence.  In the event District-initiated reassignments must be made, they shall not be made arbitrarily or capriciously.
11..7.2   Unit members who voluntarily accept a change in job assignment in lieu of layoff shall remain at the site which they are working at the time of the layoff/change of job assignment if an opening exists at that time for which the unit member is qualified.
11.7.3   All other factors from 11.6.3 being equal, the unit member who has the least seniority within the grade level or department or site from which a reassignment must take place shall be reassigned first.
11.8 Transfer: Unit Member-Initiated Transfer
11.8.1   Posting of Vacancies
   
A. As vacancies become known, they shall be posted at each site, Human Resources, and sent to the Association office.  The vacancy notice shall include the position, location (if known), level or subject matter of assignment, credential and other requirements, and the closing date of the posting period which shall be a minimum of five (5) duty days after the initial posting date of the vacancy notice.
11.8.2   Requesting a Transfer – Unit members may request a transfer under the following procedures:
   
A. Unit members may apply for a transfer to any specific vacancy for which they are qualified during the time the vacancy is posted.

B. Unit member-initiated transfers shall be reviewed and a decision made prior to filling vacancies.

C. If a vacancy occurs during the school year after the first semester or second trimester, and a unit member is selected to transfer to the assignment, such transfer may occur during the school year if both principals and the transferee agree.  If both principals do not agree, the selected unit member shall transfer at the end of the school year.

D. Unit members may file an on-line request to receive notifications of open transfer positions at any number of sites within the District at any time.  The unit member is free to apply for any of these transfer positions.

E. Permanent unit members requesting to transfer shall be considered between the first day of instruction and April 15, if qualified, prior to considering new hires, per Education Code 35036(b).
11.8.3   District management shall select the most qualified unit member or applicant who has applied for the vacancy based upon the following criteria:
   
A. Posted qualifications for the vacancy including experience, appropriate credentials, and any special qualifications for the vacant position.

B. Posted educationally-related needs of the District and/or affected schools for grade level and/or subject area.

C. Legal requirements for grade level and/or subject area.

D. Review of evaluations, personnel files, and/or panel interviews.

 

1. A five (5) working day notice shall be provided to the SAEA office, the SAUSD Human Resources Office, and a SAEA representative appointed by the SAEA President to be invited to attend reassignment related interviews. All interviews shall be conducted by an interview panel. The interview panel shall include an SAEA representative appointed by the President of SAEA. By July 1st of each year, the SAEA President shall provide a list of SAEA representatives and alternates ranked in order of preference by school site for interview panels. The list of SAEA representatives and alternates may be revised at the sole discretion of the SAEA President.

 

E.  Years of experience in the District

 

1. If two (2) or more applicants are equally qualified, seniority in the District shall be the determining factor.
11.8.4   Other provisions relating to unit member-initiated transfer:
   
A. Transfer requests shall be filed on-line or at Human Resources.

B. At any time prior to the granting of a transfer, the transfer request(s) may be withdrawn by the unit member.
11.8.5   Unit members on other than traditional calendar shall be on a twelve (12) month pay schedule.
11.8.6   No permanent teacher shall be denied a request for a transfer or reassignment solely because he/she holds a hard-to-fill credential.
11.8.7   Unit members hired by the District after serving, as substitutes for a vacancy/opening shall have their status and salary adjusted retroactively to date of hire, contingent on credential status.
11.9 Transfer: District-Initiated Transfers
11.9.1   District-Initiated transfer caused by declining enrollment, enrollment shifts, or budgetary considerations shall be determined as follows:
   
A. Prior to initiating a District-initiated transfer, the District shall seek appropriate volunteers from within the site or department.

B. All other factors from 11.8.3 being equal, the unit member who has the least seniority within the department or site from which a transfer must take place shall be transferred first.

C. Unit members subject to transfer under this section shall receive priority over unit member-initiated transfer for existing vacant positions for which they are qualified.

D. Unit members shall not be subject to a District-initiated transfer more than once during a school year.

(NOTE: Applies to transfers for declining enrollment, enrollment shifts, or budgetary considerations.)
11.9.2   District-initiated transfers caused by curricular modifications and/or other educationally-related needs of the District and/or affected schools may be recommended at any time.  Such transfers shall not be arbitrary or capricious, and in making such transfers the District shall refer to the criteria in 11.8.3.
11.9.3   A District-initiated transfer shall not result in loss of annual contract salary or any health and welfare benefits negotiated in this Agreement.
11.9.4   Unit members transferred under 11.9.1 above shall be given priority consideration over other unit member-initiated transfers to be returned to the original school site when a vacancy is available for which they are qualified and for which they apply.
11.10 General Provisions
11.10.1   No emergency-credentialed persons shall be hired by the District until all credentialed unit members have had an opportunity to apply for a vacancy.
11.10.2   All transfers and reassignments shall occur in accordance with the provisions of this Article and the California Education Code.
11.10.3   Displaced unit members and/or District-initiated reassignments (subject to the provision of 11.7.1) shall not be interviewed.

 

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