ARTICLE 5
5.1. Glossary
5.1.2. Qualified: Certificated and competency through training or
experience.
5.1.3. Program Need: An identified certificated position within the
bargaining unit, other than an extra duty position, necessary to
provide the instructional curriculum or other required programs
established or revised by formal action of the Board of Education.
5.1.4. Vacancy: An unfilled position within the bargaining unit created by a
known resignation, retirement or non-reelection.
5.2. Timeline of Events
(The following events are scheduled to be accomplished by the dates given)
January 15 Subsequent year enrollment projections
February 1 Staffing allocations
February 15 Anticipated special needs/new programs are identified.
March 15 Tentative classification
March 15 Deadline for Application for Priority Transfer Pool
April 1 Subsequent year assignment preferences
April 1 Initial identification of unit members going-on-leave, returning from leave, retiring, resigning, and involuntary transferees eligible for return
April 15 Leave of Absence letter
April 15 Reevaluation of credentials
April 22 Notification of Priority Transfer Committee’s Decision
April 25 Tentative assignments
Apr 25 - May 1 On-site adjustments
May 1 Principals assigned
May 1 Notification of involuntary transfer
May 1 - 4 Preview of first posting for involuntary
transferees, review of credential(s) and qualifications
May 6 First posting of known vacancies (applicant shall have at least five (5) work days from this date to request an interview)
Each office manager and MDEA building representative will have received a posting packet. That packet will contain several copies of the first posting. The MDEA representative’s packet will also contain flyers to be placed in each unit member’s box which will say, in large letters, that the voluntary transfer posting is available and a copy of it can be obtained from the office manager or the building MDEA representative. The voluntary transfer posting will also be posted and copies of the voluntary transfer vacancies will be available in a conspicuous area.
May 25 – 31 Addendum posting
June 2 Rehire temporary teachers where there is no conflict
June 15 Placement of remaining involuntary transferees
June 17 Final date for filing Voluntary Transfer Interest Form
June 30 Rehire temporary teachers for remaining positions
Fifteen work Last date for involuntary transferees to be
days before given an opportunity to return to vacancies at
the first their original sites.
student day
Fifteen work Last date for voluntary transferees to be
days before considered if they filed a Voluntary Transfer
the first Interest Form
student day
August 31 Vacancies after this date must be initially filled by temporary unit members
If any of the above dates fall on a Saturday, Sunday, or holiday, the event(s) will take place on the following workday.
5.3.1. Seniority, for purpose of transfer, shall be determined in the following
manner:
5.3.2. For employees first rendering paid probationary service on the same
day, seniority shall be determined by lottery.
5.3.3. Employees whose first probationary service is retroactively
determined (e.g., pursuant to §44918 Ed.C.), shall be placed as least
senior with others whose first probationary service is the same day.
5.3.4. By March 1 of each school year the District and MDEA shall conduct
the lottery.
5.3.5. The seniority list shall be prepared no later than March 15 of each
year. Copies shall be sent to each school and to the Association.
5.3.6. If an employee has a break in service by reason of resignation or
dismissal (not layoff), the date of reemployment shall govern.
5.4. Voluntary Transfer
5.4.1. A voluntary transfer is one that is requested by a unit member.
5.4.1.1. First year probationary unit members shall not be considered for voluntary transfer so that the second year of probationary service will not be in a new school.
5.4.2. Each posting shall indicate:
5.4.2.1. All known vacancies at the time of printing the posting.
5.4.2.2. Subject, grade level, full-time equivalent, work site.
5.4.3. It is the responsibility of the unit member seeking a transfer to initiate
with the principal, program administrator, or designee a request in
writing for an interview for any of the unfilled positions in which he/she
is interested. Any eligible unit member who requests an interview
shall be granted one. If the transfer applicant fails to request an
interview within the time specified in the announcement, which shall
be at least five (5) work days from the date of the announcement,
he/she forfeits the right for consideration for the unfilled position.
5.4.4. All applicants for a position shall be notified in writing by the District
within five (5) work days of the final decision. Those not selected
shall be entitled to the reasons for denial within five (5) work days of a
request for reasons.
5.4.5. The unit member may request a review of those reasons by the
Assistant Superintendent, Personnel Services, within three (3) work
days of receipt of the statement of reasons. Thereafter, the
Assistant Superintendent, Personnel Services, shall convene a
conference with the principal/program administrator and the unit
member who may be represented at the conference by an
Association representative.
5.4.6. A request for voluntary transfer may be withdrawn at any time prior to
confirmation of the transfer.
5.4.7. Unit members will be considered for vacancies which occur after the
final posting on June 1 provided they complete and file in the
Personnel Services Office a Voluntary Transfer Interest Form no
later than June 17. Unit members shall identify special interest in
subject area(s) and/or elementary grade span and school or site on
the District provided form.
5.4.8. In addition, members filing the Voluntary Transfer Interest
Form must provide a mailing address for the period of June 17
through August 17.
5.5. Priority Voluntary Transfer Pool Procedure (PTP)
5.5.1. Notwithstanding the above cited voluntary transfer procedure a unit
member may choose to apply for a voluntary transfer procedure
through the Priority Transfer Pool (PTP) procedure.
5.6. GLOSSARY
5.6.
5.6.1. Priority Transfer Committee (PTC) - a committee of administrators
designated by the District for the specific purpose of identifying candidates for the Priority Transfer Pool (PTP).
5.6.2. Priority Transfer Pool (PTP) - the PTP consists of eligible teachers
who have qualified for a guaranteed offer of transfer.
5.7. ELIGIBILITY CRITERIA
5.7.
5.7.1. Eligible teachers must:
5.7.1.
be permanent employees
meet or exceed District performance expectations in all areas of the evaluation process
pass an oral screening interview
5.7.2. The PTC shall determine which teachers are eligible to be assigned
to the PTP, and shall have a goal of assigning a number equaling ten percent (10%) of the number of estimated vacancies. However, nothing herein shall preclude the PTC from finding that fewer or more teachers are eligible in any given year. Each teacher assigned to the pool will receive one (1) guaranteed offer for which he/she is qualified and credentialed. Insofar as practical, the PTP will reflect a proportionate number of estimated vacancies at each level.
5.7.3. Teachers must apply for the PTP on an annual basis. If a teacher
accepts an offer, the teacher will be ineligible for the PTP for a five-
year period. This will not preclude a teacher from seeking a
transfer via the regular voluntary transfer process outlined in
§5.4.
5.8. PANEL:
5.8.
5.8.1. Panel members will be determined by the District
5.8.1.
5.8.1.1. The decisions of the Panel are not subject to the grievance
procedure.
5.8.1.2. The Panel is the final authority in all decisions.
5.8.1.3. The Panel will provide feedback of the interview if requested
by the unit member.
5.8.2. Notification, in writing, including the reasons for the transfer request
and a resume, must be submitted to the Director of Certificated
Personnel no later than March 15.
5.9. General Procedures for Involuntary Transfer
5.9.1. Unless otherwise stated in §5.10 and §5.11, the following procedures
shall be followed:
5.9.2. Involuntary transfers may be initiated for any of the following reasons:
5.9.2.1. School closure or program reduction, boundary change or
grade level reorganization between more than one site.
5.9.2.2. Excess staff due to decline in enrollment.
5.9.2.3. Program needs of a school, or program.
5.9.2.4. Decline in special education students at a school site.
5.9.2.5. To avoid workplace disruption. Transfer for workplace
disruption shall be for just cause.
The following procedures do not apply to 5.9.2.5: 5.9.3, 5.9.4, 5.9.9, 5.9.11 & 5.9.12.
5.9.3. Selection for involuntary transfer shall be in reverse order of district
seniority.
5.9.4.