Article 10: Vacancies,Transfers, Promotions & Assignments
10.1 Notice of Permanent Vacancies
The Employer shall post in all school buildings and shall mail to the Association an electronic notice of any permanent vacancy or anticipated vacancy in a full-time or part-time certificated position covered by this Agreement for the following school term. When specific training, experience, or other qualifications are prerequisites for the vacancy, such conditions shall be stated in the notice. No vacancy shall be filled permanently until such vacancy is posted ten (10) normal scheduled workdays, except when the vacancy develops during the summer when school is not in session. During the summer when school is not in session, such notices shall be mailed to the Association and to each tenured Employee employed for the following school term who has filed with the Superintendent or his designee a request to be advised of vacancies of the particular type available. Such notice shall state a brief description of the duties involved in the position and the salary range. The Employer need not post a notice of any permanent or anticipated vacancy for a school term, if such vacancy develops after July 1 immediately prior to commencement of such school term; however, the Employer shall send notification of the vacancy to the Association President. Any such unsuccessful applicant who requests in writing the reasons he was not selected shall be given the reasons in writing by the Employer within five (5) normal scheduled workdays after such request.
10.2 Request for Transfer to a Different Certificated Position
Any tenured Employee interested in a transfer to a different certificated position covered by this Agreement may file an online application for such transfer with the Superintendent or his designee. Any such request shall be valid for the remainder of the school term in which such request was filed and until the first day of the next school term, at which time a new request may be filed. Such request will be given consideration by the Employer when a permanent vacancy of the type specified on the request develops. If such request for transfer to a different certificated position is denied, the reason for the denial shall be given in writing within five (5) normal scheduled workdays after filling the position.
10.3 Request for Transfer to a Different Building Location
Any tenured Employee interested in a transfer to a certificated position covered by this Agreement at a different building location may file an online application for such transfer with the Superintendent or his designee. Any such request shall be valid for the remainder of the school term in which such request was filed and until the first day of the next school term, at which time a new request may be filed. Such request will be given consideration by the Employer when a permanent vacancy at the building specified on the request develops. Any such unsuccessful applicant who requests the reasons he was not transferred to a different building location shall be given the reasons by the Employer within five (5) normal scheduled workdays after such request; provided, however, it is agreed and understood that such reason need not be in writing.
10.4 Filling Permanent Vacancies
In filling a permanent vacancy in a full-time or part-time certificated position covered by this Agreement, the Employer shall consider any respective applicant’s ability, qualifications, experience, length of service with the Employer, the best interests of all students and the School District, and any other factors the Employer considers pertinent.
10.5 Notice of Assignments
The Employer will give each Employee employed for the forthcoming school term written notice of his assignment for such term as far in advance of the first day of such term as is practicable, but in any event shall give each Employee such notice by August 1, unless circumstances beyond the control of the Employer prevent giving such notice. In the event such notice is received by an Employee after August 1 and such notice changes the Employee’s assignment from his assignment the prior school term, the Employer will accept the resignation of any such Employee who objects to such assignment if the Employee requests acceptance of his resignation within fourteen (14) calendar days after being advised of such assignment.
10.6 Involuntary Transfer or Change in Assignment
If at any time it is necessary to transfer an Employee to a different building location, Junior High School team assignment, or to change an Employee’s assignment, either temporarily or permanently, in making such transfer or change the Employer shall hold a conference with such Employee involved in such transfer or change to consider all factors the Employer considers pertinent in addition to the specific factors referred to in Section 10.4. Following the conference, the Employer shall provide to the Employee the reasons, in writing, for the transfer. The Superintendent of Schools or the designee may grant up to a maximum of two (2) days for such Employee to make necessary arrangements for the transfer or change in assignments.
10.7 Additional Employment Opportunities with the Employer
The Employer will post in each school building a written notice of additional employment opportunities with the Employer which provide compensation including, but not limited to, extra duty assignments in Appendix B and summer school courses. During the summer when school is not in session, such notices shall be mailed to the Association. Employees may file a written request for such positions. In filling such positions, the Employer will consider the specific factors stated in Section 10.4 and all other factors the Employer considers pertinent. No Employee shall be compelled to accept any such additional opportunity; provided, however, if an Employee accepts such additional employment opportunity and such opportunity is referred to in the Employee’s individual contract with the Employer, the Employee shall be considered to have breached such individual contract if he fails to perform such additional opportunity during the term of such individual contract. Any additional employment opportunities which are performed by Employees not covered by this Agreement shall be posted on an annual basis according to the provisions stated above.
10.8 Employer’s Selection for Vacancies, Transfers, or Opportunities
Nothing in this Agreement shall be construed as obligating the Employer to select any
particular applicant for a vacancy, transfer, or additional opportunity or preventing the Employer’s filling such vacancy, transfer, or opportunity with an Employee other than one who has requested such vacancy, transfer, or opportunity, or a newly hired Employee; provided, however, the provisions of this Article are not abrogated.
10.9 Positions Outside Bargaining Unit
Any Employee interested in a position with the Employer outside the bargaining unit may file a written request to be considered for such position if any vacancies in such position develop. However, nothing in this Agreement shall be construed as restricting the Employer in any way with respect to selecting persons to fill such positions. Any such request shall be valid for six (6) months of the date thereof, at which time a new request may be filed.
10.10 Request for a Student Teacher
Any Employee possessing a minimum of a baccalaureate degree, one (1) year of teaching experience in the School District, and at least three (3) years of successful teaching experience in his field who is interested in serving as a supervising Teacher of a student teacher placed in the School District by a college or university may file a written request with his building principal to be considered as a supervising Teacher if any such opportunity develops. However, nothing in this Agreement shall be construed as obligating the Employer or its representative to select Employees to serve as such supervising Teachers.
- 10.10.1 The college or university coordinator of student teachers shall have the opportunity to meet directly with the supervising Teacher; provided, however, such meeting does not interfere with the Employee’s regular teaching assignment. The building principal shall be advised of such meeting.
- 10.10.2 Any compensation made available for supervising a student teacher shall be paid directly to the supervising Teacher.
- 10.10.3 No student teacher shall be used as a substitute teacher nor shall any student teacher be placed in sole charge of a classroom until the college or university coordinator, the supervising Teacher, and the building principal or other supervisor have mutually agreed in writing that this experience is desirable. Copies of such written agreement shall be given to the parties involved in the decision.
- 10.10.4 A committee composed of three (3) representatives chosen by the Association and three (3) representatives chosen by the Employer shall evaluate the current student teaching policies and shall meet and prepare a procedure for awarding tuition waivers or other benefits received from the college or universities, if any, to be distributed to Employees who meet the criteria for receiving such waivers or benefits established by the college or university providing the waivers or benefits. Such procedures for awarding tuition waivers shall give preference to tenured employees who have been honorably dismissed by the Employer.
- 10.10.5 No Employee shall be compelled to serve as a supervisor of an intern, junior participant, CORE person, or student teacher.
10.11 Combination Classes at the Elementary Level
In the event that it becomes necessary to assign an Employee to a combination class in an elementary building, volunteers will be requested to fill such position. The class size in any combination class will, wherever possible, be maintained at levels fewer than typical grade level classes. The building administrator will work cooperatively with appropriate staff in identifying students to be assigned to such class.