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ARTICLE VII
TRANSFERS AND REASSIGNMENTS
7.1 A transfer is defined as a change of schools, or administrative divisions within the District for a probationary or permanent unit member. A transfer may be voluntary (requested by the unit member) or involuntary (initiated by the District). The provisions of this article shall not apply to unit members serving in a temporary/emergency status.
7.2 Posting of Openings
7.2.1 An opening is defined as a position at a school location which the District has determined is to be filled by a probationary or permanent unit member rather than a substitute or temporary.
7.2.2 The District shall post known openings for an ensuing school year prior to April 15. Postings shall be made in a conspicuous place at each site, and contain a closing date for the submission of voluntary transfer requests which is at least ten (10) work days following the posting date. Openings for the ensuing school year shall not be filled by temporary or probationary appointments until fifteen (15) work days after the closing date.
7.2.2.1 For openings that occur during the summer recess period, but prior to August 15, the District shall post a list of known vacancies in the Certificated and Classified Human Resources Department (“Human Resources”) on or about July 1 and August 1; copies of the postings shall also be sent to the Association.
7.3 Vacancies
7.3.1 A vacancy is any position that does not have a unit member assigned to it. This includes any vacated, promotional, or newly created position, including positions created by reconfiguration or restructuring and any supplemental instructional programs offered by the District.
7.3.2 Upon knowledge of vacancies, the District shall deliver to the Association and post in all worksites a list of all vacancies which occur during the work year and for the following work year. The list shall contain the following:
7.3.2.1 A closing date which is at least ten (10) working days following the posting date.
7.3.2.2 A job description.
7.3.2.3 Credentials and qualifications necessary to meet the requirements of the position.
7.3.3 No assignment to fill the vacancy shall be made until after the closing date.
7.3.4 The District shall, upon request by a unit member, notify that unit member by mail of any posted openings which may arise during the summer recess, intersession or a period of leave. The unit member’s request must be in writing and must include a mailing address.
7.3.5 If a unit member already has a transfer application on file, it is not necessary to make a further application in order to be considered for any vacancies.
7.3.6 The District shall, upon request of the unit member, deliver in writing, the reasons for the unit member not receiving the vacancy.
7.4 Voluntary Transfer
7.4.1 A transfer is the movement of a unit member from one work location to another work location, or from one program to another program such as restructured schools, reconstitution, or reconfiguration. The transfer may include a change in grade-levels or subject area as long as the move involves changing worksites.
7.4.2 A unit member with permanent status currently assigned to a school that has been designated for reconstitution in the following year shall exercise the right to either voluntary transfer or the right to continue his/her current assignment subject to the application and interview process.
7.4.3 In the event the unit member exercises his/her right to the application and interview process and is not selected, he/she shall be afforded the rights of a voluntary transfer.
7.4.4 Unit members referenced immediately [in the two paragraphs] above who voluntarily transfer shall be assigned before all other voluntary transfer applicants.
7.4.5 A unit member may submit a request for transfer to the District at any time, whether or not a vacancy exists. A unit member may also submit a request for a transfer subsequent to the posting of a vacancy notice pursuant to the posting procedure of this Article.
7.4.6 If two (2) or more unit members with state required credentials for the position apply for a vacancy, the unit member with the greatest seniority shall receive the transfer.
7.4.7 A transfer request shall not be denied arbitrarily, capriciously, or without basis in fact.
7.4.8 If a unit member’s request for a voluntary transfer is denied, the unit member, upon request, shall be granted a meeting with the administrator who denied the request to discuss the reasons for the denial. Following the meeting the unit member may request and shall receive written reasons for the denial.
7.4.9 If the unit member requests that her/his application for transfer be kept confidential, the supervisor at her/his worksite shall not be notified by the District of the application.
7.4.9.1 An employee may file a transfer request for the following year by submitting a request to transfer form to Human Resources no later than March 15 of each school year. An employee may request consideration at up to three (3) specific schools/grades within the employee’s authorized credential.
7.4.9.2 Properly filed transfer requests shall be valid until August 30. Continuing transfer requests must be renewed in writing after August 30.
7.4.9.3 The filing of a request for transfer is without prejudice to the unit member and shall not jeopardize the unit member's present assignment.
7.4.9.4 A request for transfer may be withdrawn by the unit member in writing to Human Resources at any time prior to official notification of transfer approval.
7.4.9.5 A unit member in a bilingual or special
education program assignment shall be eligible for, and may be granted a
voluntary transfer out of the program
7.4.10 When a transfer request is granted, the Director of Human Resources shall give the unit member and appropriate division and site management official notification of its disposition.
7.4.11 If a transfer request is denied, the District shall notify the unit member. Upon request, the unit member shall receive written reasons for the denial. Such request(s) shall be made within ten (10) working days of the notification. The Director of Human Resources will provide the written reasons (based on information from the principal and others, as appropriate) within ten (10) working days of the request.
7.4.12 A unit member granted a voluntary transfer normally shall
be expected to remain at the site for not less than three (3) years.
7.5 Unit members who transfer to Teacher Specialist positions are deemed to be on “position leave” from their regular classroom positions.
7.6 Seniority
7.6.1 Seniority is defined as the unit member’s initial date of probationary status in the bargaining unit.
7.6.1.1 Unit members with the same seniority date shall have their seniority number determined by lot.
7.6.1.2 The lottery shall be conducted in the presence of at least two (2) Association representatives. Once the lottery is used to determine a unit member’s seniority, that seniority shall remain in effect while in the service of the District.
7.6.1.3 If a unit member is assigned by the District to a non-bargaining unit position, that unit member does not accrue seniority for the purposes of this Article while working on such an assignment.
7.6.1.4 A unit member on a District approved leave of absence other than to a non-bargaining unit position shall continue to earn seniority while on leave.
7.6.2 In the event that all other factors are considered equal, then seniority shall be the determining factor in granting such transfers, assignments, and reassignments.
7.7 Involuntary Transfer/Reassignment
7.7.1 Involuntary transfer/reassignment shall be made only for the following reasons: A decrease in the number of pupils which requires a decrease in the number of unit members pursuant to Article X, Class Size; elimination of program(s) and/or funding; or worksite closings.
7.7.2 If a decrease in the number of pupils or the elimination of program(s) and/or funding occurs, the District shall seek volunteers prior to making any involuntary transfer/reassignment. If an involuntary transfer/reassignment becomes necessary, the unit member with the least seniority with the appropriate credential shall be transferred or reassigned.
7.7.3 The unit member(s) under consideration for involuntary transfer shall be notified, as soon as possible.
7.7.4 Within seven (7) work days of the notification, the unit member and the administrator initiating the transfer shall meet to discuss and consider alternatives to the proposed transfer. At that meeting, the unit member shall receive written reason for the transfer.
7.7.5 A unit member being involuntarily transferred shall be placed prior to voluntary transferees and outside applicants.
7.7.6 When a choice of positions is possible, unit members to be involuntarily transferred may indicate an order of preference. Provided the factors in Section 7.6.5 are judged equal, the District shall make a good faith effort to grant one (1) of the three (3) preferences indicated by the transferee.
7.7.7 Unit members being involuntarily transferred shall normally be placed in teaching or other appropriate positions, such as, but not limited to, counselor, librarian, nurse, or resource teacher. Use of unit members as day-to-day substitutes shall be kept to a minimum.
7.7.8 If a unit member is involuntarily transferred or reassigned at any time later than three (3) working days prior to the beginning of the unit member work year, the following release time shall be allowed:
7.7.8.1 One (1) day of release time will be allowed whenever a unit member is to be reassigned at the same grade level or subject area within the school.
7.7.8.2 Three (3) days of release time will be allowed if a unit member is transferred to another school at a different grade level or subject area.
7.7.8.3 Unit members who are transferred/reassigned during the work year shall be allowed three (3) days of paid release time for preparation prior to the effective date of the transfer/reassignment. The District shall provide assistance in moving a unit member’s material whenever a unit member is transferred/reassigned.
7.7.9 No release time will be provided if the involuntary transfer or reassignment occurs during the preceding school year or during the summer up to three (3) working days prior to the beginning of the unit member work year, with the effective date of the transfer or reassignment being the beginning of the school year.
7.8 Transfer Necessitated by School Closure or Reorganization
7.8.1 If a particular site is to be closed, unit members at that site shall be afforded first priority for filling any new or vacant positions at the site or sites to which the pupils at the closing site are being placed.
7.8.2 Unit members from the closed site shall also be afforded first priority in filling all vacancies that arise for which they have an appropriate credential. When two (2) or more unit members apply for the same vacancy, the position shall be given to the unit member with the greatest seniority.
7.8.3 In order to satisfy the conditions cited herein, the District shall identify the vacant teaching positions which exist at the receiving school(s), and will reserve those vacancies for first choice of those teachers being displaced by school closure or reorganization. Said vacancies shall be filled according to the criteria in Sections 7.8.1 and 7.8.2 above.
7.8.3.1 An employee displaced from a supplemental assignment as a result of school closure/reorganization shall be given priority consideration for any such assignment at their current teaching location that may occur within three (3) years of his/her transfer.
7.8.4 If a unit member elects to follow students from a closed or reorganized elementary school he/she normally would have had in the succeeding year, he/she shall have priority over those voluntary transfer requests not resulting from school closure or reorganization according to the criteria in 7.8.1 and 7.8.2 above.
7.9 If a unit member elects to follow the students, the following procedure shall apply:
7.9.1 Unit members shall submit a priority ranking of up to three (3) schools to which they desire to be assigned. The ranking shall be made from the receiving schools of the students.
7.9.2 If the District requests the priority ranking during the regular school year, then the ranking shall be returned to the District within five (5) days of its being given to the unit member.
7.9.3 If the priority ranking request is to be made by the District during the summer months, then the District shall mail the request to the unit member's mailing address of record with the District. The priority ranking shall be returned to the District within fifteen (15) days of the date of mailing. Unit members are encouraged to submit summer mailing addresses to the District.
7.10 Unit members shall not be involuntarily transferred in order to implement a school improvement plan developed pursuant to the Elementary and Secondary Act (ESEA) prior to year five (5) of sanctions.
7.11 Bargaining unit members shall not be involuntarily transferred as a result of the implementation of the “public school choice” option provided by the ESEA prior to year five (5) sanctions.
7.12 If a school fails to make AYP and is placed in “corrective action,” the District shall not involuntarily transfer staff that have been deemed “relevant to failure” under AYP prior to year five (5) sanctions.
7.13 Transfer or reassignment of staff shall be considered only after a thorough and thoughtful analysis of the reasons for the continued failure of the school to improve. This option requires careful consideration and consultation with Human Resources and United Teachers of Pasadena.
7.14 Unit members who are to be involuntarily transferred from a reconstituted school/site shall be placed in another District position for which they are credentialed and qualified.
7.14.1 Unit members involuntarily transferred from a reconstituted school/site shall be accorded the same rights as unit members leaving a closed school. Unit members from the reconstituted site shall be afforded first priority for filling all vacancies that arise for which they have an appropriate credential. When two (2) or more unit members apply for the same vacancy, the position shall be given to the unit member with the greatest seniority.
7.14.1.1 The “first priority” to fill vacancies given to reconstituted and closed school unit members shall mean that such unit members shall be placed in vacancies prior to placing voluntary transfers, new hires, and/or returning temporary and leave of absence unit members into vacancies.
7.14.2 Unit members involuntarily transferred from a reconstituted school site shall be given three (3) days of release time or paid time at the unit members’ pro-rata daily rate of pay for the purposes of moving to their new assignment. In addition, the District shall provide packing and moving assistance of unit members’ materials to the new assignment location.
7.14.3 The process of reconstitution of a school site shall not be implemented in an arbitrary or capricious manner.
7.14.4 Bargaining unit members transferred from a reconstituted school shall not be subject to reprisals by the District.
7.14.5 The bargaining unit members at a potential reconstituted site shall be informed before the information is released to the press or public.
7.15 Any action taken by the District that involves changing the school’s governance or structure by: reopening the school as a public charter school, or entering into a contract with an entity, such as a private management company, with a demonstrated record or effectiveness, to operate the public school, or turning the operation of the school over to the State educational agency, if permitted under State law and agreed to by the State or any other major restructuring of the school’s governance arrangement that makes fundamental reforms, such as significant changes in the school’s staffing and governance, shall be consistent with state and federal law and provisions of the collective bargaining contract. (See Article III, Association Rights).
7.16 Notification of Assignment
7.16.1 Each unit member shall be given written notice not later than June 10 of the next year’s assignment. Such notice shall specify the site, grade, grade level, subject area, and position to which the unit member will be assigned. No later than the first day of instruction of the school year, a written notice shall explain the nature of special problems experienced by pupils assigned to the unit member.
7.16.2 If the tentative assignment or work location is changed during the summer, the unit member shall be notified by mail addressed to the unit member's current mailing address on file with the District.
7.17 Assignment Limitations
7.17.1 Unit members shall be assigned only to positions for which they hold a valid California credential, and for which they are qualified.
7.17.2 At a unit member’s sole discretion, the unit member may agree to an assignment outside the unit member’s credential authorization(s), providing that the District shall secure all the necessary waivers, emergency credentials, and District Committee on Assignments approval.
7.17.3 At the end of a school year, the unit member, at his/her sole discretion, may withdraw from the voluntary assignment referred to in Section 7.17.2 above. Subsequently, the unit member shall be assigned in accordance with Section 7.17.1 above.
7.18 Reassignments
7.18.1 A reassignment is the movement of a unit member from one subject area to another subject area, one grade level to another grade level, or from one configuration to another such as team teacher, restructuring, or other reconfiguration within the same worksite.
7.18.2 While reassignments shall be a managerial right and responsibility, they shall not be made in an arbitrary or capricious manner.
7.18.3 Unit members being transferred or reassigned to a different location within the school may request reasonable assistance in moving materials to the new assignment.
7.19 The provisions of Education Code Sections 44256, 44258.5 and 46300, 44258.1, 44258.2, 44258.7 and by reference Section 44258.9, as they relate to bargaining unit members, are incorporated into this section by the District and the Association as though fully set forth. In furtherance of this provision.
7.19.1 Members of the bargaining unit shall be assigned or reassigned to classes consistent with their credentials and major and/or minor subjects of study except as may be hereinafter provided. Where such exceptions are permitted, they shall occur only by mutual agreement among the bargaining unit members affected, the Association, and the District.
7.19.1.1 A bargaining unit member who qualifies under provisions of Education Code Section 44256(b) to teach departmentalized classes or groups of pupils below grade 9, and who applies for authorization from the District shall not be denied such authorization.
7.19.1.2 A bargaining unit member who qualifies under the provisions of Education Code Section 44258.2 to teach classes in grades 5 to 8, inclusive, in a middle school and who applies for authorization from the District, shall not be denied such authorization.
7.19.1.3 A bargaining unit member who qualifies under the provisions of Education Code Section 44258.5(a) to teach any single subject class and who applies for authorization from the District, shall not be denied such authorization.
7.19.1.4 A bargaining unit member who qualifies under the provisions of Education Code 44258.7(b) to coach competitive sports for which pupils receive physical education credit and who applies for authorization from the District, shall not be denied such authorization.
7.19.2 The District shall assume the responsibility to safeguard the rights and benefits of proper assignment or reassignment provided to the bargaining member under the Education Code and this Agreement.
7.19.3 Bargaining unit members shall be held harmless from the effects of any misassignment, whether including, but not limited to, evaluation, transfer, salary, including extra duty salary, discipline, and layoff.
7.19.4 Any bargaining unit member who may have been inadvertently misassigned shall be provided with a notice of possible misassignment addressed to the County Superintendent. Such notice shall be signed by the bargaining unit member and transmitted forthwith by the District to the County Superintendent. A time-dated copy of this notice shall be provided to the bargaining unit member and the Association.
7.19.5 All reports, notifications, certifications, or verifications whose submission is required by Education Code Sections 44256, 44258.5 and 46300, 44258.1, 44258.2, 44258.7 and 442258.9 from the District to the County Superintendent or from the District to any other agency shall be provided to the Association.
7.19.6 A Committee on Assignments shall be established to evaluate and approve applications from bargaining unit members to teach for up to 40% of a full-time teaching assignment outside of the bargaining unit member’s credential authorization. The committee shall be compromised of an equal number of teachers who are members of the bargaining unit and site administrators. Teachers shall be selected in a manner determined by the Association. Paid release time shall be provided to bargaining unit members in order for them to perform whatever duties and attend whatever meetings are necessary from time to time in the performance of their duties on the committee.
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