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ACCORDING TO PEA:

Involuntary Transfers/Displacement

Many people confuse "Displacement" with "Layoff." They are not the same. Displacement happens every year and refers to the process the District follows to identify and place employees who must be "Involuntarily Transferred" due to a lack of positions at a work site. Your contract contains a list of the many reasons why this may happen. "Layoff" only occurs after the Involuntary Transfer process is completed and only when there are not enough positions for all Involuntarily Transferred employees to be placed. Employees who are identified for Involuntary Transfer and do not have a position are not necessarily the employees who are or would be Laid Off. This process will be addressed separately. The Involuntary Transfer process is basically the same in all three Collective Bargaining Agreements (CBAs), teacher, paraeducator, and ESP (secretary). The principal/supervisor is to meet with all employees at the worksite and announce the number of positions being affected, making a request for volunteers. Everyone should have at least 24 hours to consider volunteering to be Involuntarily Transferred. If there are too many volunteers, the employees with the greatest seniority are to be transferred. If there are not enough volunteers, the principal/supervisor should then meet with the least senior employees in the affected positions to let them know that they will be affected. Certifications that employees are required to hold for a particular position along with District seniority are the main considerations when identifying employees to be Involuntarily Transferred. Once the list is complete, the principal/supervisor sends the list to Human Resource Services for placement. Also during this time Human Resource Services is collecting information regarding openings from principals/supervisors as well. Once Human Resource Services has collected all employees identified for Involuntary Transfer, the employees are placed into open positions for which they are qualified according to seniority. At the beginning of the process, no hiring is allowed for any opening. Hiring is not allowed to resume for any position until everyone qualified for the position has been placed. PEA monitors this process very carefully to ensure compliance and equitable treatment. Remember, some positions require specific skills or certifications. In the Paraeducator CBA, Sign Language Interpreters and LPNs are two examples. Another requirement may be Highly Qualified (HQ) status for paraeducators to work in a Title I school or a school on the DA Matrix. The Teacher CBA also requires HQ status for many subject area assignments. Some jobs may require specific skills such as Network Managers in both the Paraeducator and Teacher CBAs. When looking for open positions, these will be the first consideration followed closely by seniority in the District. If choices for placement are available, the District will usually let you know. However, you do not have the right to refuse an assignment. If there is a problem and a PEA member, contact the PEA office for assistance. Annual Contract teachers are the only group who are not eligible to be Involuntarily Transferred between there annual contracts. If a principal would have offered a

Edited September 3, 2009

contract for another year but does not have an available position, can be placed on the "Permitted Re-Hire" list. These names will be distributed to Principals for consideration to hire for any positions remaining after the placement of PSC teachers has been completed. Being on the "Permitted Re-Hire" list does not guarantee hire for any opening.

ESP Contract

9.4 INVOLUNTARY TRANSFERS: The Board and the Association recognize that it may be necessary to involuntarily transfer Educational Support Personnel. Such involuntary transfers shall only be made due to the following: (1) loss of units or staffing requirements at particular locations, (2) providing for a racially balanced worksite staff, (3) dividing a worksite faculty to form a new worksite, (4) phasing out a program, (5) changing a program, (6) closing a worksite, (7) providing for a comparability of worksites for Federal program, (8) complying with a court order, (9) lack of required certification for position. Relocation shall be made after asking for volunteers and consideration of the following criteria: seniority, educational qualifications, expertise and ability, prior job experience, and performance evaluations. All employees so affected will be notified not less than four (4) working days prior to such relocation. The employee shall have the right to appeal an involuntary transfer first to the Director of Employee Relations, then to the Superintendent of Schools or his/her designee. 9.4-2 Involuntary transfer if to a higher pay grade, appropriate salary increase effective on date of transfer. If to a lower pay grade retain salary the remainder of the current school year, receive appropriate reduction at the beginning of the next school year. Employees shall receive credit for appropriate experience and in the case of paraeducators, college hours. 9.5 Displacements: Employees displaced for one of the reasons (1-9) listed in 9.4 will be placed on a "displaced list". Employees on the displaced list will be placed before new hires are appointed provided there are qualified employees on the displaced list for the vacant position. Effort will be made to identify and place involuntarily transferred employees within a radius no more than the current distance they drive to work or 25 miles, whichever is greater. Refusal by the employee to accept a position shall release the Board from further obligation to that employee. It will be necessary for displaced employees to provide an address and telephone number where they can be contacted during summer break to the Director of Employee Relations. Each displaced employee will receive a letter from their principal/supervisor that outlines the displacement procedure.

Para Contract

10.3 INVOLUNTARY TRANSFERS: The Board and the Association recognize that it may be necessary to transfer a paraeducator or paraeducators involuntarily. Involuntary transfers shall only be made due to the following: (1) loss of units or staffing requirements at particular locations, (2) providing for a racially balanced worksite staff, (3) dividing a worksite faculty to form a new worksite, (4) phasing out a program, (5) changing a program, (6) closing a worksite, (7) providing for a comparability of worksites for Federal program, (8) complying with a court order, (9) lack of required certification for position. Relocation shall be made after asking for volunteers and consideration of the following criteria: seniority, educational qualifications, expertise and ability, prior job experience, and performance evaluations. All employees so affected will be notified not less than four (4) working days prior to such relocation. The employee shall have the right to appeal an involuntary transfer first to the Director of Employee Relations, then to the Superintendent or his/her designee.

ACCORDING TO PEA:

10.4 INVOLUNTARY TRANSFER IF TO A HIGHER PAY GRADE, APPROPRIATE SALARY INCREASE EFFECTIVE ON DATE OF TRANSFER. If to a lower pay grade retain salary the remainder of the current school year, receive appropriate reduction at the beginning of the next school year. Employees shall receive credit for appropriate experience and in the case of paraeducators, college hours. 10.5 DISPLACEMENTS: Employees displaced for one of the reasons (1-9) listed in 10.3 will be placed on a "displaced list". Employees on the displaced list will be placed before new hires are appointed provided there are qualified employees on the displaced list for the vacant position. Effort will be made to identify and place involuntarily transferred employees within a radius no more than the current distance they drive to work or 25 miles, whichever is greater. Refusal by the employee to accept a position shall release the Board from further obligation to that employee. It will be necessary for displaced employees to provide an address and telephone number where they can be contacted during summer break to the Director of Employee Relations. Each displaced employee will receive a letter from their principal/supervisor that outlines the displacement procedure.

Teacher Contract

17.1 A transfer is a change in teaching position from one work location to another, excluding countywide assignments. A transfer is also any change which would cause a teacher to teach any part of the day at a different school from his/her initial school assignment, excluding countywide assignments. A change of assignment is from one subject area or department to another, or from one grade to another, within the same work location. 17.6-1 Involuntary Transfer: The Board and the Association recognize that it may be necessary to transfer a teacher or teachers involuntarily. Such transfers will only be made for one or more of the following reasons: 1) Loss of units 2) Providing for a racially balanced school staff 3) Dividing a school faculty to form a new school 4) Phasing out a program or grade level 5) Changing a program 6) Closing a school 7) Providing for a comparability of schools for Federal program 8) Placing a teacher who has been teaching out of field of certification into his/her field of certification 9) Comply with a court order 10) Redistricting of schools 11) Comply with state and federal legislation 17.6-3 The involuntary transfer procedure will apply only to Continuing Contract (CC) teachers, Professional Service Contract (PSC) teachers, and Annual Contract (AC) teachers during the term of their contracts. When teachers are placed on the involuntary transfer list, it is their responsibility to provide the Human Resource Services Division with a current/temporary address and phone number. Continuing Contract and Professional Service Contract teachers will be guaranteed placement. Annual Contract teachers will be guaranteed placement only during the term of their contract. If there are not enough positions for placement, the provisions of Article XIX Layoff shall be followed. 17.6-4 When transfers become necessary, no new teacher will be placed to fill positions for which teachers being involuntarily transferred are fully qualified until the teachers have been offered these teaching positions.

Edited September 3, 2009

17.6-5 Involuntary transfers that are necessary because of complying with a court order or moving teachers into a position for which they are fully qualified will be done by the Board after a recommendation by the superintendent. Any transfer (involuntary or voluntary) for the purpose of compliance with a legal mandate, or for the purpose of the racial balancing of a faculty to comply with court orders will take precedence over seniority when determining teachers to be transferred. 17.6-6 When transfers become necessary as a result of reasons 1 thru 11 in 17.6-1, the superintendent or the designee shall notify the Association of the staffing allocation changes planned for each affected school. Human Resource Services shall provide the principal of each affected school a list of the school's teachers. The list will include each teacher's seniority date and list all certifications on file for which the teacher is fully qualified. Each teacher shall be provided his/her personal information. Before involuntary transfers are made, the principal will announce the position changes planned for the school to the entire staff. Volunteers for involuntary transfer shall be requested. Within the timeline provided by Human Resource Services, the principal shall meet with departments and/or individuals to discuss the impact of the required changes. A list of potential openings shall be maintained and available electronically for the teachers to review on the District's website (www.polk-fl.net). Teachers will be provided at least 24 hours to volunteer in order to allow review. If there are more volunteers than needed to reduce the units in that school, the volunteering teacher(s) with the most seniority in the district (as defined in 19.2) shall be submitted for placement on the districtwide displaced list. 17.6-7 If there are not enough volunteers for displacement, then involuntary transfers shall be made based upon seniority as defined in 19.2. All teachers remaining at the school must be approved for their assignments by the Human Resource Services Certification/NCLB Department and shall be fully qualified, or if not fully qualified, may be considered for an authorized out-of-field assignment. A list of teachers being involuntarily transferred shall be submitted to the District and be placed on the districtwide displaced list according to their seniority and contract status. 17.6-8 When a group of teachers is involuntarily transferred as a result of reasons 1 thru 11 in 17.6-1, the Human Resource Services Division will make available to each transferring teacher and the Association a current list of vacancies. Teachers may apply and will be considered for any position for which they are fully qualified. If these teachers are not chosen for the position for which they applied, then the Superintendent will place them in a position for which they are fully qualified. 17.7 Any Continuing Contract/Professional Service Contract teacher whose position is eliminated shall be assigned to a position for which he/she is fully qualified by the Assistant Superintendent for Human Resource Services. Refusal by the teacher to accept such assignment shall release the Board from any further obligation to that teacher. 17.7-1 Annual Contract teachers shall be notified of the principal's recommendations of employment prior to the time reappointments are due to the School Board. Any annual contract teacher not rehired may appeal this decision through the two levels of (1) Senior Director, (2) Superintendent or designee. Any annual contract teacher whose position is eliminated, who would have been recommended for reappointment by his/her immediate supervisor, if an opening existed, shall be placed on a "Permitted Re-hire" list. This list shall be distributed to all principals and persons thereon will be given first consideration for appointment to open positions for which they are fully qualified before new hires. 17.7-4 In the event a vacancy occurs within a school from which an Annual Contract teacher has been displaced and after CC and PSC teachers in the district have been assigned and if the Annual Contract teacher is fully qualified, he/she shall be appointed to fill that vacancy unless the teacher has been placed in another position.

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