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This an article of the 2000-2003 contract with teachers that are represented by the Alameda Education Association. Here the complete table of contents of the contract.



10.01 Definitions

10.01.01 A transfer is a move from one work site to another. It is not reassignment at the same site and this term shall have no application to reassignments at the site. A transfer may result in a change in work calendar, e.g., from traditional to year-round or year-round to traditional.

10.01.02 A vacancy for purposes of transfer is a certificated position declared vacant by the Chief Personnel Officer of Personnel Services.

10.01.021 All positions filled by temporaries at the end of a school year shall be declared vacancies if (1) the school site where the temporary is assigned projects the same number or more FTE in the coming school year, and (2) no permanent employees are returning to the site from a one-year leave.

10.01.022 All positions which are additions to the current number of District FTE shall be declared vacancies.

10.01.023 A position created by the resignation, death, or retirement of an employee necessitating a replacement shall be declared a vacancy. If the resignation, death, or retirement does not result in a vacancy, then the District shall supply the Association with supporting rationale and data, upon request by the Association, within ten (10) days of the request.

10.02 Employee-Initiated Transfer

10.02.01 A request for transfer may be made by submitting a written request to the Personnel Office for each posted position.

10.02.02 An employee requesting transfer shall be notified of the interview date if they are under consideration for the position.

10.02.03 Any permanent employee in special program shall have the option of applying for transfer to vacancies in the regular educational program.

10.02.04 Any Child Development Center or Adult School employee who transfers into the regular educational program shall be granted leave from his/her previous position until permanent status in the regular program is received. Should such employee decide to return to the previous program, no loss of seniority or other rights shall occur.

10.03 Employee-Initiated Exchange

10.03.01 A permanent employee may apply to exchange his/her position for another position by applying in the Personnel Office each year by March 1.

10.03.02 The Chief Personnel Officer shall assist eligible employees who apply in finding exchange partners.

10.03.03 The following criteria shall be met prior to the implementation of an exchange:

a. Participating employees shall receive a satisfactory evaluation in the last evaluation year.

b. Participating employees shall be appropriately credentialed.

c. The principals at the affected sites shall approve.

d. The Chief Personnel Officer shall approve.

10.03.04 The exchange shall be between two unit members only and shall be for one year.

10.03.05 If the exchanging employees, the site principals, and the Chief Personnel Officer agree, the exchanged positions may become the employees' regular positions after the one-year exchange period.

10.04 Application for a Posted Vacancy

10.04.01 Current vacancy lists shall be posted at each school and the District office and placed on the District hotline for a period of at least ten (10) days. Any hotline listing shall specify the dates of posting and whether the posting is open (10.04.041) or seniority preference (10.04.042).

10.04.02 If a vacancy occurs ten (10) days or less before the beginning of school, the posting of a vacancy for ten (10) days shall remain at the discretion of the Chief Personnel Officer.

10.04.03 Applications shall be made in writing to the Personnel Office within the posted time.

10.04.04 The Chief Personnel Officer shall provide the principal of the school where the vacancy is located a list of applicants who are credentialed for the position. The principal shall interview selected applicants. For seniority preference openings (10.04.042), applicants shall be interviewed based on seniority. Employees shall be selected to fill vacancies in accord with the criteria listed in 10.04.041 or in 10.04.042. The criteria of 10.04.042 shall apply to alternate classroom vacancies at any one school site.

10.04.041. Opening Posting:

a. The experience and education which best fit the grade level, subject, and field of the position.

b. The years of service in the District when the above factors are equal.

c. In the event two or more equally qualified applicants apply for a position, the unsuccessful applicant(s) shall be supplied written rationale, upon request within five (5) days, by the interviewing principal for reasons of denial.

10.04.042. Seniority Preference Posting:

The most senior applicant who:

a. Qualifies for the position. For a K-5 position, a unit member who is appropriately credentialed shall be deemed qualified. For a 6-8 position which can be filled by the holder of a multi-subject credential, a unit member who holds such a credential shall be deemed qualified. For a 6-12 position which can be filled by the holder of one or more single-subject credentials, a unit member shall be deemed qualified if he/she holds appropriate credentials, has been in the district for at least seven years, and (1) has a minimum of twenty units in the subject or subjects covered by the position, or (2) has five years of teaching experience in the subject or subjects covered by the position.

b. Completes the application and interview process.

c. Has not filled a seniority preference posting within the last 24 months.

d. If two or more equally senior applicants apply, and meet the criteria of a., b. and c, the principal shall select the applicant based upon the criteria of 10.04.041.

10.04.05 Chief Personnel Officer shall notify the candidates in writing when a decision has been reached.

10.05 District-Initiated Transfer

10.05.01 An administrator initiating the transfer request shall arrange a conference with the employee and discuss the reasons for requesting the transfer.

10.05.02 The employee may within five (5) working days submit a written statement to the Chief Personnel Officer citing the reasons for not being transferred.

10.05.03 The Chief Personnel Officer shall confer with both parties and a conferee, if either desires, in relation to a specific proposed assignment and render a decision.

10.05.04 In the event a transfer is initiated due to changing enrollment, the following procedures shall be followed for overstaffed schools:

10.05.041 The local administrator shall decide in which subject or grade level the overage exists, and shall inform the entire faculty at a staff meeting of the number of positions to be eliminated.

10.05.042 Any teacher in the overstaffed school may volunteer to be displaced. The displacement will not be considered a transfer and shall not affect the employee's right to request a subsequent transfer. Such voluntary displacement carries no automatic right to return to the home school and the teacher must accept all conditions which would have applied to the teacher who was being displaced.

10.05.043 If no teacher(s) volunteers from the over staffed school, the teacher(s) to be retained will be determined by the administrator on the basis of the educational program of the school. The teacher(s) retained shall be judged on the following verifiable criteria. Such teacher possesses special instructional skills or qualifications needed by the pupils and the educational program. The grade level, subject, field and position for which the employee is best suited. The experience and training which best fit the position. The years of service in the District when the above factors are equal.

10.05.044 Teachers transferred or reassigned under this section shall be given, if requested, up to two (2) working days for preparation for the new position, and moving time if the move occurs within the 182-day work year. These working days must be applied for and used within ten (10) working days of the transfer.

10.05.045 Teachers who are required by the District to move outside of the 182-day work year shall be compensated at their per diem for up to two (2) days.

10.05.046 The reasons for any transfer shall be given to the teacher, in writing, if requested.

10.05.047 Any teacher transferred or reassigned under this section who has not been placed by the first teacher workday of the traditional year calendar shall have right of first refusal to any open positions for which he/she possesses qualifications.

10.06 School Closure/Year-Round Conversion

An employee who is displaced because of school closure or because the school to which he/she is assigned is converting to year-round and he/she does not want to work year-round shall have preferential application and placement rights in filling available vacancies.

10.07 Assistance for Moving

10.07.01 When a teacher is reassigned from room to room, or transferred from site to site, the District will provide assistance at the teacher's request.

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Last modified: January 12, 2004

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