ARTICLE 10: TRANSFER, ASSIGNMENT, AND REASSIGNMENT
10.1 Definitions
10.1.1 Transfer, as used in this Article, is defined as movement in assignment from one school location to another school location.
10.1.2 Assignment means initial placement in the subject, grade level, classes and/or duties an employee is designated to perform by his/her immediate supervisor.
10.1.3 Reassignment means a change of assignment within a school (work location for specialists). Reasons for an involuntary reassignment or denial of a voluntary reassignment application shall be provided if requested.
10.1.4 A request from an adult education teacher for a change in assignment from adult education to a K-12 regular or support personnel assignment shall be considered an application of employment, not a transfer.
10.2 Employee Initiated Transfers (Voluntary)
Employees who desire to transfer to another work site shall so indicate in writing to the Deputy Superintendent, Human Resources. The request will include the work site(s), in order of preference, to which the employee desires transfer as well as the subjects/grade levels within credential authorization which he/she is willing to teach.
10.2.1 An employee may make a request for a transfer at any time for specific certificated positions.
10.2.2 All qualified district applicants will be interviewed in accordance with past practice.
10.2.3 The filing of a voluntary transfer application is without prejudice to the employee and shall not jeopardize the present assignment. A voluntary transfer application may be withdrawn in writing by the employee at any time prior to the notification that the transfer has been approved.
10.2.4 If a voluntary transfer request is denied, the employee, upon request, shall be provided with the specific reasons in writing for the denial.
10.2.5 Upon request, any employee who has previously been transferred involuntarily shall receive every consideration in a request for a voluntary transfer.
10.3Employer Initiated Transfers (Involuntary)
Involuntary transfers shall be based on the legitimate, education-related needs of the District. Such needs shall include but not be limited to: (1) balancing the staff of school or department; (2) changes in enrollment; (3) remediation of substantial inadequacies in employee performance; (4) to provide a unit member the opportunity to improve his/her performance in a different school location; (5) to provide better staff relationships within the school or department, where serious demonstrated problems exist; (6) placement of personnel returning from leaves; and (7) opening and closing of schools. The following criteria will be applied in determining which employee will be transferred:
(a) teacher's area of competency;
(b) requirements of the position and the best interests of the District;
(d) the greatest length of District service will be given preference if there is no significant difference in criteria (a-c) above, as determined by the principal.
10.3.1 Employees to be involuntarily transferred shall have the right to indicate preferences from a list of vacancies for which they are qualified. Such employees for the first year after their involuntary transfer shall be mailed a vacancy announcement through the U.S. Mail including a notice that future vacancies are posted on the District website. The District will be held harmless for any failure in delivery of such mail.
10.3.2 An employee who is to be involuntarily transferred shall be given the reasons in writing for the impending transfer, if he/she so requests.
10.3.3 Notice of an involuntary transfer or reassignment shall be given to the employee as soon as practicable and, except in cases of emergency, not later than June 1.
10.3.3.1 The reasons for an involuntary transfer shall not be arbitrary, discriminatory, capricious, or punitive.
10.3.4 Permanent K-5 elementary teachers shall not be involuntarily transferred to the 6-7 grade middle, 8-9 grade junior high, or high school if there is a qualified teacher with a later employment date available for the vacant position. Permanent 6-7 grade middle and 8-9 grade junior high school teachers shall not be involuntarily transferred to a K-5 grade school if there is a qualified teacher with a later employment date available for the vacant position
10.4 A current list of all vacant certificated positions within the Yucaipa-Calimesa Joint Unified School District shall be maintained by the deputy superintendent, human resources, and distributed regularly for posting in all District offices and the Y-CEA office. Vacancies which occur during student vacation periods will be posted at the District office and only the school buildings which are open during such periods.
10.5 Upon request, a conference between the appropriate management person and the unit member initiating a transfer shall be held. A conference between the unit member and the management person initiating a transfer shall be held, whenever possible, prior to the implementation of the transfer except in cases where time constraints or unavailability of the unit member preclude such conference.
10.6 Voluntary Reassignment
Any employee may request in writing the voluntary reassignment within a school site using the following criteria, and upon request shall be given the reasons for denial in writing.
(a) teacher's area of competency;
(b) requirements of the position and the best interests of the District;
(c) teacher preference;
(d) the greatest length of District service will be given preference if there is no significant difference in criteria (a-c) above, as determined by the principal.
10.7 Reassignment Within a School Site
The following factors will be considered in the administrative reassignment of personnel within a school:
(a) teacher's area of competency;
(b) requirements of the position and the best interests of the District;
(c) teacher preference; and
(d) the greatest length of District service will be given preference if there is no significant difference in criteria (a-c) above, as determined by the principal.
10.8 It is not the intention of the Association to bargain the impact of any unfilled chairperson positions of department with less than six teaching sections.
