ARTICLE 9: TRANSFERS
GENERAL PROVISIONS
A. There are two kinds of transfers: involuntary and voluntary. Transfer is defined as a change of building or more than a 25% FTE change in cohort. The transfer of one professional staff member from one school to another may be unavoidable and in fact may be desirable.
B. Professional staff will be made aware of all vacancies which result from resignations, retirements, newly created positions and transfers. Notifications will be in writing from the Superintendent or designee. In addition the Association will be provided a listing of all positions held by pre-professional status staff.
C. Too frequent transfer of an individual may disrupt the educational process and may interfere with optimum professional staff member performance. Professional staff will be transferred only for sound educational reasons. Prior to the opening of school if the original reason(s) for an involuntary transfer no longer apply, the professional staff member so transferred shall be reinstated to his/her position. Whenever possible, no professional staff member who has been involuntarily transferred, will be involuntarily transferred again within the next three (3) years.
D. No professional staff member on tier two, or who has received a tier two warning letter, shall be transferred involuntarily. However, a professional staff member on tier two may request and be granted a transfer to an equivalent position where the professional staff member has previously demonstrated successful performance. "Equivalent position" is defined as a position in the same department and/or level (high school, middle school, or elementary school). In such cases, the tier two evaluation procedures and timelines shall continue.
E. Any professional staff member who is transferred shall receive the following:
1. Adequate supplies for the new assignment and an additional budget amount of $500 for the
acquisition of additional supplies.
2. Transferred professional staff members shall be placed on year 2 or year 4 of the evaluation
cycle unless otherwise agreed to by all parties. Involuntary transferees shall have the right to
return when a vacancy exists, provided the previous year’s voluntary transferees have not
filled such vacancy(ies). Such a return shall not be construed as another transfer.
PROCESS FOR INVOLUNTARY TRANSFERF. No professional staff member shall be involuntarily transferred to a position for which he/she is not certified or for which a waiver has not been sought and granted.
G. Before any professional status staff member can be identified for involuntary transfer (IT), Administration must convene a meeting of all members of the group (a “discipline” as defined in Article 10, Section C) who may be affected by the IT and with the LEA President or her/his designee in order to explain the need for the IT. The purpose of this meeting will be for the group to discuss and consider potential alternatives before invoking the IT process. Possible solutions might include, but are not limited to, the following: a voluntary transfer, a leave of absence, or a shared transfer (more than one group member agrees to accept some portion of the transfer). If no voluntary solution is achieved, the IT process will be applied as follows:
1. The members of the group with the 2 lowest levels of Lexington seniority (figured to the nearest tenth of a school year) will be placed in the IT pool.
2. The Superintendent will review the members of the IT pool and make the IT decision in accordance with these criteria:
a. Best interests of the students and programs involved
b. Fairness to the staff members involved
c. Predictability of success in the new assignment
3. Any staff member to be involuntarily transferred must receive written notification from the Superintendent of the reason(s) for the decision. The LEA President and the Principals of the sending and receiving schools will receive copies of this notification. Should the staff member designated for IT choose to grieve the Superintendent’s decision, the expedited grievance procedure will begin at level 3 with the School Committee. However, if the LEA does not raise any procedural issues during any stage of the process provided for in this Article, then the Superintendent's final decision with regard to assignment and pursuant to this Article will not be arbitrable.
4. If either Principal wishes to challenge the Superintendent’s determination by designating for involuntary transfer a different member of the IT pool, s/he must notify the Superintendent and the LEA President in writing within 5 school days of the Superintendent’s notification letter. The Superintendent will then convene a meeting within 5 school days of the Principal’s challenge. In attendance will be all affected staff members, their LEA representative(s), and Administration. Within 5 school days of the meeting, the Superintendent will make a final determination pursuant to the criteria listed above. The Superintendent will explain the decision in writing and will so notify all parties in attendance at the meeting.
5. In the event that applying the IT process outlined above would result in more than 2 staff members sharing a single position, the Superintendent can initiate a suspension of the IT rules that would expand the IT pool by including successive levels of Lexington seniority (3rd least senior, 4th least senior, etc.) and by designating more than one member of the IT pool for transfer. This suspension of the rules requires a negotiated agreement with the LEA in order to take effect. Failure to reach agreement requires implementation of the IT process outlined above in steps 1-4.
6. The interpretation and application of the provisions of this agreement shall be in accordance with state law.
PROCESS FOR VOLUNTARY TRANSFER
H. Annually, by February 1, all professional staff members wishing to be considered for a transfer to another assignment in the school system shall notify the L.E.A. in writing. This communication is confidential and should include the extent of the desire to include location, area of certification and other facts the applicant deems important. The L.E.A. will maintain this application in a confidential file to be accessed only by the President or his/her designee. The L.E.A. will notify the system regarding numbers and extent of the pool. The system in cooperation with the L.E.A. will identify anticipated “open” positions at the earliest possible date. These anticipated “open” positions will be made available for processing under the voluntary transfer process. Staff achieving a voluntary transfer to an anticipated “open” position are advised that often the transfer will be contingent on certain funding. In the event such funding is not realized, the staff member will revert to his/her previous position. The opportunity to transfer ends on April 15. “Open” positions posted after this date will be filled under a process of new hire. Staff seeking an “open” position after April 15 will be assured of an interview with the hiring committee.
I. When a position is deemed “open” by the system, notice will be given to the L.E.A. regarding the opening to include all particulars related to the “open” position. At a minimum the notice will include the criteria developed by the site for this position, building location, and all supervisor(s)/evaluator(s). The L.E.A. will confidentially contact all registered staff members to relate the facts of the “open” position. If the professional staff member desires to interview for the “open” position, that name will be passed to the Director of Human Resources for transmittal to the building principal to schedule an interview for the position with that building’s hiring committee. A building hiring committee shall have at a minimum 1/3 professional staff member representation. Professional staff members directly affected by the hiring should be offered representation on the hiring committee. This committee shall confer with the principal regarding the criteria for the position as well as advise the principal in the selection of someone to fill the “open” position.
J . If the principal deems that a professional staff member from this transfer pool meets the criteria for the position, then he/she will be selected for transfer, and the recommendation will be passed to the superintendent for approval. It is anticipated that such approval might well be contingent on funding. The criteria for approving a transfer are as follows:
a. best interest of the school system
b. fairness to the professional staff member involved
(1) an interview before the building hiring committee to include any follow-up interviews
requested by the committee or the principal
(2) an opportunity to prepare and present documentation to support application
(3) an opportunity to present a plan to meet the criteria
c. predictability of success in the job (not in order of priority)
(1) seniority/experience
(2) expertise
(3) match/compatibility
(4) ability to meet criteria developed for the position
d. attention to diversity issuesK. Professional staff members not granted a desired transfer will have the opportunity to seek and receive a written explanation of the factors contributing to the recommendation awaiting the superintendent’s approval. This shall happen in a timely manner, five school days.
L. A Transfer Review Board (TRB) shall be in place consisting of three members from the professional staff. These members shall be jointly selected by the L.E.A. and the superintendent. A staff member denied a transfer may ask the TRB to review the denial. He/she must present a timely (five days) complaint with attached reasons to the TRB. The TRB will investigate and deliver a report to the superintendent with a copy to the L.E.A. The TRB will have full and immediate access to all official forms and documents, such as interview forms, resumes, criteria list, principal’s explanation of denial, and references. The TRB may find:
a. no cause for further review
b. evidence that warrants personal investigation by the superintendent
M. If no transfer is effected by the process to this point, a general posting of the “open” position, to include at a minimum a summary of the criteria, shall occur and public advertisements made.
N . External candidates will be sought and internal candidates will be interviewed for an “open” position after April 15 or after the position has been exposed once to this voluntary transfer process. Internal candidates do not have the right to register a complaint with the TRB at this point. If an internal candidate is selected, then that staff member will be a transfer, not a new hire.
O . Only procedural aspects of the voluntary transfer process are grievable.