PSTA Contract - Article 16 - Transfers
16.1 Definitions.
16.2 Notice of Vacancies.
The voluntary transfer window for each school year will close on January 15th. If a vacancy opens after this date, the position would be filled using a temporary employee for the remainder of the school year. The vacancy will be posted and filled as outlined in Section 16.3 for the following school year. The temporary employee is not eligible to remain or compete for the position he or she is temporarily filling.
16.3 Voluntary Transfers
referred to the grievance procedure at Level II.
16.4 Involuntary Transfers
16.4.1.2 In the event the staff adjustment(s) cannot be accomplished by transferring qualified unit members who have volunteered to transfer, the
selection of which unit member(s) are to be transferred shall be based on:
a. Scope of credential(s),
b. Experience and ability(ies), and
c. Program need.
d. In the event a. through c. are essentially equal, the District shall transfer the least senior unit member meeting the criteria of
a. through c.
16.4.2.2 To provide an employee with an opportunity to have his performance appraised in a different context or by a different evaluator.
intended transfer.
16.4.3.2 Unit members who believe that they were involuntarily transferred unfairly shall have the right to request a review of the transfer decision
by the Association. The Assistant Superintendent, Human Resources and not more than two (2) Association representatives designated
by the Association President, shall attempt to informally resolve unit member appeals, provided that the Association requests a review
within fifteen (15) working days of the employee's notice of intent to involuntary transfer.
16.4.3.3 In the event the matter is not resolved informally within ten (10) working days, (or longer by mutual agreement), the matter may be
referred to the grievance procedure at Level II.
16.5 Reassignment. Reassignment requests shall be considered by the site principal prior to the District's posting of vacancy. In making reassignment decisions, the principal shall consider the needs of the school's program, the credential(s) of the unit member(s), the unit member(s) experience and abilities, and the wishes of the unit member(s).
16.6 District Rights. The District reserves the right to make any reassignment or transfer of an employee to any position within the classification of that employee in any field in which the employee's credential or certificates authorize service subject to the procedures set forth herein.
16.7 Promotional Vacancies. Where vacancies exist within the District in positions that are regularly considered as potential promotional opportunities for bargaining unit members, such vacancies shall be posted by position and site. Such vacancies shall include, but not be limited to, Teachers on Special Assignment and Counselors.
- 16.1.1 A transfer is a change of work location between schools or other education facilities.
- 16.1.2 A voluntary transfer is one in which the transfer proceedings are initiated by the unit member.
- 16.1.3 An involuntary transfer is one in which the transfer proceedings are not initiated by the unit member.
- 16.1.4 A reassignment is a change of department(s) (secondary, 6-12) or grade level(s) (elementary, K-5) at a worksite.
- 16.1.5 A vacancy is a bargaining unit position the District has decided to fill through either transfer or the employment of a certificated employee.
16.2 Notice of Vacancies.
- 16.2.1 Bargaining unit vacancies shall be advertised in the District's central office. In addition, all unit members will be notified of vacancies by District email. These will be posted at the school site. Each notice of vacancy shall specify the site, subject, and/or grade level, and work year of the vacant position. The notice shall specify a deadline for transfer request, which shall not be less than five (5) workdays from the initial date of the posting. The Association President shall be provided a copy of the notice of vacancy.
- 16.2.2 The District is exempt from posting vacancies five (5) workdays prior to the first day of school and five (5) workdays after the first day of school (Traditional School year, Modified School year, Tracks A, B, C & D) in order to place a teacher in a class as close to the beginning of the school year as possible.
The voluntary transfer window for each school year will close on January 15th. If a vacancy opens after this date, the position would be filled using a temporary employee for the remainder of the school year. The vacancy will be posted and filled as outlined in Section 16.3 for the following school year. The temporary employee is not eligible to remain or compete for the position he or she is temporarily filling.
16.3 Voluntary Transfers
- 16.3.1 Unit members who submit timely application to be considered for a posted vacancy shall be interviewed prior to applicants from outside the District.
- 16.3.2 Unit members denied a voluntary transfer for a specific vacancy shall be provided the reason(s) for the denial in writing.
- 16.3.3 Unit members who believe that they were unfairly denied a transfer shall have the right to request a review of the transfer decision by the Association. The Assistant Superintendent, Human Resources and not more than two (2) Association representatives designated by the Association President, shall attempt to informally resolve unit member appeals, provided that the Association requests a review within fifteen (15) working days of the employee's notice of non-selection for a posted vacancy.
referred to the grievance procedure at Level II.
- 16.3.4 The filing of a Request for Transfer shall not jeopardize the employee's current assignment. A request for transfer may be withdrawn by the employee applying for the transfer at any time, unless the teacher has accepted an offered transfer.
16.4 Involuntary Transfers
- 16.4.1 Involuntary transfers as a result of changes in enrollment. Involuntary transfers to accommodate a change in school enrollment necessitating either the addition or deletion of staff shall be made following these procedures:
16.4.1.2 In the event the staff adjustment(s) cannot be accomplished by transferring qualified unit members who have volunteered to transfer, the
selection of which unit member(s) are to be transferred shall be based on:
a. Scope of credential(s),
b. Experience and ability(ies), and
c. Program need.
d. In the event a. through c. are essentially equal, the District shall transfer the least senior unit member meeting the criteria of
a. through c.
- 16.4.2 Other Involuntary Transfers. The District may make involuntary transfers at any time for any of the following reasons:
16.4.2.2 To provide an employee with an opportunity to have his performance appraised in a different context or by a different evaluator.
- 16.4.3 In making involuntary transfers, the District shall follow these procedures:
intended transfer.
16.4.3.2 Unit members who believe that they were involuntarily transferred unfairly shall have the right to request a review of the transfer decision
by the Association. The Assistant Superintendent, Human Resources and not more than two (2) Association representatives designated
by the Association President, shall attempt to informally resolve unit member appeals, provided that the Association requests a review
within fifteen (15) working days of the employee's notice of intent to involuntary transfer.
16.4.3.3 In the event the matter is not resolved informally within ten (10) working days, (or longer by mutual agreement), the matter may be
referred to the grievance procedure at Level II.
16.5 Reassignment. Reassignment requests shall be considered by the site principal prior to the District's posting of vacancy. In making reassignment decisions, the principal shall consider the needs of the school's program, the credential(s) of the unit member(s), the unit member(s) experience and abilities, and the wishes of the unit member(s).
16.6 District Rights. The District reserves the right to make any reassignment or transfer of an employee to any position within the classification of that employee in any field in which the employee's credential or certificates authorize service subject to the procedures set forth herein.
16.7 Promotional Vacancies. Where vacancies exist within the District in positions that are regularly considered as potential promotional opportunities for bargaining unit members, such vacancies shall be posted by position and site. Such vacancies shall include, but not be limited to, Teachers on Special Assignment and Counselors.
