9.1 During School Year
Vacancies occurring during the unit members work year shall be posted in all schools as they occur. The vacancy will be posted on the LTA bulletin board district-wide and outside the district. The district will not interview out-of-district applicants for five days. An electronic notification of the posting shall be sent to the unit members.
A vacancy posting shall include:
(1) An internal closing date shall be no less than five (5) work days.
(2) The location, grade level or subject matter assignment, credential requirements, and any special needs of the position.
(3) The date on which the position is to be filled.
No permanent assignment to fill a vacancy shall be made until after the closing date. No external candidate shall be hired until internal candidates have been considered and notified.
9.2 The Teacher Intent Slip shall be distributed by the District no later than February 1 (Appendix "B"). Unit members desiring to be notified of any vacancies occurring during the summer shall so indicate on the same Intent Slip.
9.3 During the Summer
Vacancies occurring during the summer shall be posted at the District Office and sent electronically to each unit member who has requested notice on the Intent Slip. Vacancies occurring during the summer will be filled using 9.1, with the exception of vacancies that occur six weeks before the first day of school. Intent slips are not binding or required, and will be turned in if a teacher has an interest in a possible change of assignment.
9.3.1 In accordance with Education Code section 44930, if an employee submits a resignation after July 1 of the contract year, the District reserves the right to delay accepting the resignation until a suitable replacement has been found. The district will make every reasonable effort to fill the position in a timely manner.
VOLUNTARY TRANSFER/REASSIGNMENT
9.4 A unit member requesting a voluntary transfer or voluntary reassignment effective the next school year shall so indicate on the Teacher Intent Slip to be filed by March 1. When a vacancy is to be filled, the District shall make the selection based upon qualifications of each applicant, including the following:
(1) Credentials, experience, competence, interests, specialized skills and talents, professional participation, and prior evaluations.
(2) On site unit members shall be given serious consideration for filling vacancies before District-wide unit members.
(3) Unit members will be given first considerations over out-of-District applicants, provided he/she has equal qualifications to other finalists for the position (as evidenced by the criteria in Section 9.4(1).)
(4) If two (2) or more unit members apply for a vacancy, become finalists, and their qualifications are determined to be equal, the unit member with the greatest seniority shall fill the position.
9.5 If a request for a voluntary transfer reassignment is denied when filling a vacancy, the unit member may make a written request to the Superintendent to be provided the rationale for the denial. The Superintendent or designee shall provide the specific reasons for the denial in writing within ten (10) days following the request.
In the event that a unit member has been denied voluntary transfer reassignment in two (2) consecutive incidences, for a position for which they are qualified, on the third request the member will receive first consideration for the position. If not selected again, a detailed written statement pertaining to the denial will be provided by the administrator.
9.6 Administratively initiated and mutually agreed upon voluntary transfers will be compensated at his or her daily rate of one (1) day.
ADMINISTRATIVE TRANSFERS AND REASSIGNMENTS (INVOLUNTARY)
9.7 Involuntary transfer(s) or reassignment(s) may be made either when a vacancy exists or to exchange two (2) unit members under the following circumstances:
(1) Changes in pupil enrollment (only when attempts to encourage a voluntary transfer or reassignment are unsuccessful).
(2) Balancing the staff of a school (in order to balance general teaching experience, specialized skills and talents, professional participation).
(3) In order to place personnel returning from sabbatical leave.
(4) Elimination or reduction of categorical funding.
(5) Instructional program needs.
(6) Opening of a new school (as a supplement to voluntary transfers in order to meet required competencies, credentials, extra-curricular expertise, and balance in experience).
(7) Closing schools.
(8) If necessary, to avoid assignment in violation of credential authorization.
(9) Elimination or reduction of classes in special programs or areas.
(10) Performance renewal (when a unit member has received an unsatisfactory evaluation, a documented incident of inappropriate behavior or unprofessional conduct which is supported by a copy of written reasons being placed in the unit member’s file with an opportunity to provide a written response and a conference with the unit member).
9.8 Before initiating an administrative transfer/reassignment, the unit member shall be verbally advised by the administrator and shall receive a statement of reasons in writing. Should the unit member disagree with the rationale for the transfer [using criteria established in Section 9.4(1)], the member can submit a rebuttal and request a meeting with the Superintendent.
(1) Should the unit member object to the transfer, a conference will be 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 Association shall have the right to have a representative present at this conference if requested by the unit member.
(2) 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 District has confirmed, in writing, the reason originally given for the transfer.
9.9 Under normal circumstances, a unit member who is to be involuntarily administratively transferred or reassigned for the following semester or school year shall be notified of the change at least twenty (20) days prior to the end of the current semester or school year. Unusual circumstances include, by way of illustration and not limitation, unanticipated: summer retirements, enrollment fluctuations, and budget reductions.
(1) Any teacher who is involuntarily moved to a different grade and keeps the same classroom will be compensated at his/her daily rate for one day.
(2) Any teacher who is involuntarily reassigned to a different classroom will be compensated his/her daily rate for four (4) days.
(3) Any teacher who is involuntarily transferred to a different school will be compensated his/her daily rate for four (4) days.
(4) If a teacher is involuntarily transferred/reassigned to a different grade level they will be provided two (2) release days to meet with and/or observe other classroom teachers. The release days and selected classroom teachers must be mutually agreed on by the teacher and his/her principal.
(5) Upon request, the District shall provide packing supplies, packing and moving of materials.
(6) Absent unusual circumstances, the affected employee will not be referred to the assistance phase during the first year of transfer for practice not consistent with minimum CSTP standards. Evaluation may be requested by the teacher. This does not apply to probationary teachers; nor is the intent to preclude observation and assistance.
(7) If a unit member is involuntarily transferred/reassigned they may not be involuntarily transferred two (2) consecutive years except for section 9.6 #1-9
9.10 In situations where an administrative transfer/reassignment is made in order to fill a vacancy, the District shall consider the following factors when selecting a person to be transferred/reassigned:
(1) Overall teaching experience.
(2) Specialized skills and talents.
(3) Evaluations.
(4) Professional participation.
(5) Credentials.
9.11 When two (2) or more unit members are considered equal after applying the above-factors, the District shall recommend the unit member with the least seniority. Any tie in seniority shall be resolved by lottery.
9.12 The unit member being administratively transferred/reassigned shall be given serious consideration for any subsequent vacancy prior to consideration of voluntary transfer/reassignment requests if one (1) or more vacancies exist and the unit member requests said consideration.
9.13 An administrative transfer/reassignment shall not be punitive or disciplinary in nature.
9.14 Unit members returning from leave shall be afforded all rights provided under this article.