Article VI - Reassignment/Vacancies/Layoffs

6.1 REASSIGNMENT

6.1.1 A reassignment is defined as a change of a unit member’s grade level and/or subject matter at the same site location. Reassignments may be made on a voluntary or involuntary basis. A teacher requests a voluntary reassignment; the District initiates an involuntary reassignment.

1. The District will use the following criteria in making any reassignments:

1.   Credential requirements

2.   Years of District service

3.   Experience and recent training

4.   Unique needs of the school

5.   Major/minor field of study

6.   Special position qualifications needed

6.1.2 Voluntary Reassignments

1. A unit member may submit a request for reassignment to the District by way of the annual intent slip.

2. If two or more unit members with appropriate and equal qualifications apply for reassignment, the unit member(s) with the greatest seniority shall receive priority in placement.

3. If a unit member's request for a voluntary reassignment is denied, the unit member shall be granted upon request, a meeting with the administrator who denied the request to discuss the reasons for the denial.  The unit member may request and shall receive written reasons for the denial following said meeting.

6.1.3 Involuntary Reassignments

1. The Superintendent shall seek volunteers prior to making involuntary reassignments. Attempts will be made to discuss assignments/reassignments with current unit members prior to the assignment/reassignment of any said member. The Superintendent reserves the right to assign/reassign a teacher to a position when he/she concludes that the transfer is in the best interest of the district.  (Education Code 35035 (c)).  This movement shall not be punitive or disciplinary in nature.

2. Involuntary reassignment shall be based on District needs. These reasons may include, but not be limited to: 

1.   Changes in pupil enrollment

2.   Student/Instructional program needs

3.   Balancing the experiences and specialized skills/ talents of the staff at the school

4.   Elimination or reduction of categorical programs  

5.   To correct assignment in violation of credential authorization 

6.   Prior documentation regarding a mismatch in assignment

6.2 VACANCY

6.2.1 A vacancy is defined as either a newly created teaching position or an existing teaching position opened by growth, termination, resignation, reassignment or retirement.

6.2.2 Vacancies shall be posted for at least five (5) teacher workdays.

6.2.3 Should a vacancy occur after August 1 or anytime during the school year, the District may fill the position by reassignment or by hiring from a list of outside applicants.  Newly hired employees will be considered temporary, and these positions will be declared as open position/vacancies in the spring for the following year provided that:

1. The position exists for the following year

2. The rights of individuals returning from leave have been addressed

6.2.4 Qualified Applicants who express an interest in a vacant position will have priority consideration for interview and/or placement in the following order:

1. Administrative Involuntary Transfer from prior year (Permanent/Probationary)

2. Other permanent or probationary teachers

3. Teachers hired as temporary with a 100% contract

4. Teachers hired as temporary with a less than 100% contract

5. Individuals who are not unit members

6.2.5 Notices of vacancies posted when teachers are on “summer recess or leave of absence” will be mailed with a closing date which is at least ten (10) working days following the posting date during the summer recess for the first initial opening(s) to those teachers who provide a written request including the address where they can be contacted. 

6. All vacancy notices shall include:

1. Grade level, subject and/or special qualifications

2. Credential requirement

3. Brief position description

4. Unique position needs (if any)

5. Closing date for application receipt

6.2.7 The District may consider outside applicants for any vacancy or a newly created position if there is no unit member applicant who meets the qualifications as specified by the job description.

6.3 GENERAL PROVISIONS

6.3.1 Unit members who are administratively reassigned prior to August 1 shall be allowed: one (1) day of paid time for moving materials for voluntary reassignment; two (2) days of paid time for moving materials for involuntary reassignment. Unit members who are administratively reassigned after the start of the school year for the same year shall be allowed one (1) day of release time and two (2) days of moving/preparation prior to the effective date of the reassignment.

6.3.2 Unit members shall not ordinarily be administratively assigned to a new grade level more than two (2) consecutive years in any three (3) year period.

6.3.3 Unit members will be notified in writing prior to the end of May of their tentative assignment for the coming year.  Changes will not be made to the assignment except for enrollment or staffing losses or gains after the end of May.  Notification for any changes will be made as soon as known. No reassignments will occur after July 30, without mutual agreement.

6.3.4 Unit Members returning from Leave

1. When a unit member goes on leave for equal to or less than one school year’s duration and is replaced by a temporary contract teacher, the returning teacher shall go back to the position held at the beginning of the leave.

2. When the unit member returns from a leave of more than one (1) school year and the position the unit member held no longer exists due to enrollment or was filled by another member within the district, the unit member is guaranteed a position based upon placement on seniority list and qualifications, but not necessarily in their previous placement.

6.4 TIE-BREAKING CRITERIA FOR EMPLOYEE LAYOFF

6.4.1 Previous grade level experience

6.4.2 Subject matter experience which reflects district need and may include practice area emphasis

6.4.3 Possession of a credential which is needed by the school program

6.4.4 Evaluation and performance reviews

6.4.5 Participation in extra-curricular activities

6.4.6 Bilingual certification for skills where the need for language exists

An example:

1. An individual with experience in a particular grade level who would be able to stay at that level will be given preference.  If this factor is identical, then…

2. An individual who has experience with subject matter which reflects district needs.  If this factor is identical, then…

3. Etc.