LAUSD/UTLA CONTRACT

Article XI      Transfers

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Most questions referred to Certificated Personnel are regarding the 3 types of transfers listed.  Click on the title of the transfer to go to the corresponding contract section.

Voluntary Teacher-Initiated Transfer Program  

Teacher Integration Transfer Program  

Continuous Service Transfer Program

 

                         1.0            Transfer Defined:  As used throughout this Agreement, the term "transfer" refers to a change of a contract employee's assigned school or time reporting location to another school or location, without changing the employee's classification of employment.  For purposes of transfer programs described in this Agreement, schools are considered to be within the area (North, South, East and West) in which they are geographically located.

                          1.1            Types of Transfers:  Generally, transfers are either teacher initiated (voluntary) or administrative (normally involuntary and District-initiated).

                        1.2            Limitations:  Teacher-initiated transfers from any one school site in any school year may, at the discretion of the District, be limited to 10% of the employees, or three employees, whichever is greater.

 

                        2.0            Administrative Transfers:  The District may, for any reason not prohibited in the balance of this Article (including the incorporated Appendices) transfer employees when such action is deemed to be in the best interest of the educational program of the District.  Whenever possible, the employee shall be notified and counseled regarding the transfer, and written reason(s) for such transfer shall, upon the employee's request, be supplied to the employee.

 

                        3.0            Teacher Integration Transfer Program:  The District and UTLA have agreed to a combination of teacher-initiated and administrative transfers for the purpose of accomplishing staff integration pursuant to Federal requirements.  This plan is attached to this Agreement and incorporated herein as Appendix B, entitled Teacher Integration Transfer Program.

 

                        5.0            Voluntary Teacher-Initiated Transfer Program. All appropriately credentialed probationary or permanent teachers are eligible to apply to any school (including year-round schools or magnets) in the district where the transfer will not adversely affect teacher integration, Rodriguez compliance, Bilingual Master Plan needs of the receiving or sending school or the instructional program needs of the sending school (except for transfers to Magnet Schools, where the sending school may delay such transfer until the end of the current semester/track or until a suitable replacement  is assigned, whichever occurs first).  Transfers under this section must meet the above criteria but will not be effected without the voluntary approval of both the employee and the site administrator of the receiving school (or site selection committee in those schools with staff selection rights).  Such approval lies within the discretion of both parties and transfers under this section are not subject to the grievance procedure.

 

                        6.0            Displacement - Over-teachered Schools:  An over-teachered condition exists when there are more qualified teachers than positions at a school or within a program or subject field at a school, or when a program or subject field is reduced, eliminated or moved from a school.  When an over-teachered condition exists, the following procedures apply.

 

 

            a.      The local school administrator shall reasonably determine whether       and in what program/subject field the over-teachered condition exists and shall inform the faculty of the number of positions being eliminated.  (Note Article XVIII, Sections 1.1 to 1.3)

 

            b.      An employee may agree to be displaced when an over-teachered        condition exists.  Such displacement requires the concurrence of the employee and the current principal, may be effected without a current transfer request on file, and shall not affect the employee's right to request a subsequent transfer.  Such displacement carries no right to return to the home school.  Such a teacher must accept all conditions for displacement and assignment which would have applied to other teachers being displaced.

 

            c.      In elementary schools and programs such as Children's Centers,       Development Centers and ungraded programs, all teachers in the program at the site shall be deemed a single group for displacement purposes.  In secondary schools, and in Special Education wherever located, displacement hall e y program/subject field and the program or subject field n which a teacher is considered for displacement purposes shall be the one in which he teacher has taught for the major portion of teaching time during the employee's most recent six semesters f regular classroom teacher experience.  Within the above categories f employment, when here is an over-teachered condition, he teacher with the east  District seniority (see Section 6.2 below) will be displaced unless it is reasonably determined at the discretion of the immediate administrator that such teacher possesses special instructional skills or qualifications needed  by the pupils and the educational program at the school and not possessed by another teacher available to fill the need.  Additional provisions for Special Education teachers are set forth in paragraph j. below.  In a secondary school or program, if the least senior teacher in the over-teachered subject field has at least ten years of District seniority, the teacher shall be permitted,  upon   request,  to  change  subject  fields  and  thereby  cause the displacement of another teacher in the other subject field who has at least five years less District seniority than the initially displaced teacher, but only if the following criteria are met by the more senior teacher:

 

                        (1) Must have taught in the second subject field the equivalent of at least six periods during the most recent six semesters without having received a Notice of Unsatisfactory Service or  a  below standard performance evaluation;

 

                        (2) Either possesses the requisite specified subject credential or a general secondary credential with a college major or minor or an advanced Degree in the second subject field; and

 

                        (3) Passes the District's examination in the second subject field, if requested by the administrator.

 

            d.      No voluntary or involuntary teacher displacement may occur       where that particular displacement would adversely affect the faculty racial and ethnic balance in a school.

 

            e.      District  identified disabled teachers assigned to facilities  designed       for the purpose of accommodating a District identified disability will not be displaced except where the teacher may be displaced to another facility which may reasonably accommodate the identified disability.

 

            f.      Certain teachers are exempted rom displacement pursuant to   the random selection and voluntary teacher integration plans under Appendix B, 4.3 and the continuous service transfer program under Article XI, Section 14.11.

 

            g.      Bilingual teachers teaching in Bilingual Master Plan programs       (See Article XI-B) are exempted from displacement, provided they possess Bilingual Certificate of Competence, or "A" Level (high level of proficiency in conversation, reading and writing), or the "B" Level (high level in conversation, satisfactory in reading and writing).

 

            h.      Where displacement is required by this Section but each of the       teachers within the applicable subject field or elementary school group is exempt from displacement by virtue of some other provision of this Section, the teacher with the least District seniority will be reassigned to another school in the same geographic area.

 

 

 

            i.      Part-time contract employees described in Article XIII, Section       1.2 (as distinguished from teachers on Half-time Leave and Reduced Workload Leave) shall have no transfer rights.  In regard to displacement, such teachers shall have no seniority rights and they shall be retained at a school where a full-time teacher is displaced only when the part-time teacher possesses special instructional skills or qualifications needed by the pupils and the educational program in the school not possessed by a teacher who would be available to fill the need.

 

                        j.            In Special Education, the least senior teacher in the over-                 teachered subject field shall be permitted, upon request, to change subject fields    at the site within Special Education and thereby cause the displacement of             another teacher in the other subject field who has less District seniority than the        initially displaced teacher, but only if the following criteria are met by the more     senior teacher:

 

                        (1) Possesses the requisite specified subject credential in the second subject field;

 

                        (2) Must have taught, or practiced, in the second subject field or program without having received a Notice of Unsatisfactory Service or a Below Standard Performance Evaluation; and

                   

                        (3) Must, in the reasonable judgement of the site administrator, be qualified to teach in the second subject field or program.

 

In addition, a displaced Special Education teacher may be reassigned to an opening outside of Special Education at the same site, but only if the displaced teacher is properly credentialed and previously served in the regular non-Special Education program at that same site immediately prior to taking the Special Education assignment.

 

            k.      After one calendar year, the displaced Special Education teacher       who was so reassigned shall have return rights to a Special Education opening at the site for which the teacher is qualified.

 

                        6.1            Displacement - Non school-based Support Service Personnel and Driver Safety Instructors:  In any situation where a unit of geographic area or office-based support service personnel or Driver Safety Instructors is deemed over-staffed, displacement and transfer to another geographic area or office shall be by

 

 

 

District seniority unless the responsible administrator determines that a special need exists analogous to 6.0c.

 

                        6.2            District Seniority Number:  The seniority number for each employee includes a six digit number representing the year, month and day (660912 = September 12, 1966) on which the employee began probationary employment.  The date of probationary employment shall be the actual beginning date of the probationary assignment and not any date of a substitute or temporary assignment which was later deemed to be probationary service for purposes of acquiring permanent status.  Each number is followed by a five digit random number.  Such random number consists of the last four digits of the employee's Social Security number reversed followed by the sum of the two preceding  numbers.  When such sum is two digits, the second digit is used.  The combination of the date number and random number provides the seniority number.  When comparing two employees with the same employment date, the employee with the smaller employment number is deemed to be the senior.  Seniority numbers are a matter of public record.  The following employees with no seniority number shall be ranked by seniority based upon first date of contract service within their employment status and then employment status shall be ranked as follows:  Provisional are to be deemed least senior, then Temporary Contracts, then University Interns.  Ties will be broken within status by establishing a tie breaker number for each employee, using the same method as is used for District Seniority Number.

 

                        7.0            District-wide Transfer List:  The District-wide Transfer List is a pool of employees who are to be deemed available, due to various reasons indicated in this Article, for transfer to any District school or geographic area, to meet District needs in accordance with faculty balance guidelines established in the Teacher Integration Program.  The following employees shall be placed on the District-wide Transfer List:

 

                        a.            All teachers returning from leaves of absence which do not  include             the right to return to a specific location;

 

                        b.            All teachers displaced from a school due to an over-teachered             situation;

 

                        c.            All teachers who are placed on the list pursuant to the Staff             Integration Program (Appendix B) or Student Integration Program; and        

 

            d.      Any teachers placed on the list pursuant to any other provisions       of this agreement.

 

 

 

                        7.5            Contract Waivers:  All teachers who are awarded probationary contracts which include a waiver statement are subject to an initial assignment to

meet District needs and are thereafter subject, by reason of the statement, to one transfer to meet District needs.

 

                        8.0            Medical or Hardship Exemptions - General:  Employees transferred administratively or involuntarily, including those assigned from the District-wide List, may file an application for exemption from mandatory transfer based upon hardship or medical grounds.  Compliance with approved criteria must be established, and the application form must be filed within the timeline specified by the Personnel Division.  Application for exemption may not be filed until the formal assignment letter has been received.  Pending disposition of the Application for Exemption, employees are required to report to the location to which assigned.  Where medical or hardship exemptions are approved, the employee will be subject to transfer to a location consistent with the reason for which the exemption was granted.  If at any time it is determined that an exemption has been sought or granted based upon material misrepresentation or falsification, the employee is subject to disciplinary action by the District, cancellation of the exemption and/or immediate administrative transfer.  All exemptions granted are subject to periodic review by the District to determine whether the original need persists.

 

                        8.1            Hardship Appeals:  The hardship appeal procedure is for the purpose of resolving written hardship claims filed by employees.  The District and UTLA shall jointly select and retain a professional hearing officer who shall be a member of the American Arbitration Association's Labor Panel and who shall be compensated by the District and UTLA equally. UTLA and the District shall each designate a representative to assist in the hardship appeal process.  The hearing officer and the respective appointed representatives will serve as members of the Hardship Appeal Panel which shall be chaired by the hearing officer.

 

                        8.2            The panel shall have responsibility for evaluating the claim of each teacher who files a written declaration of hardship.  Based upon this evaluation, the panel will have the authority to approve or deny a request for exemption from a particular mandatory transfer or to convene a hearing.  At the conclusion of any review or hearing, the panel shall file its decision as soon as possible.  The hearing officer shall subsequently prepare a written report of findings, conclusions, and the decision. The decision shall be final and not subject to further appeal or to the grievance procedures of Article V.  The Personnel Division shall make assignments based upon the decision of the Panel and shall notify employees regarding such assignments.  Employees are required to report to the location to which assigned

 

 

 

 

or reassigned pending final disposition of the hardship claim by the Hardship Panel and the Personnel Division.

 

                        8.3            Administrative procedures and criteria for implementation of this hardship appeal process have been established.  Appeals will be processed as expeditiously as possible.  Procedures and criteria for hardship exemptions will be reviewed periodically.  Hardship exemptions which are approved shall be reviewed at regular intervals to be determined by the Personnel Division.  Reports of the disposition of all claims shall be provided to the Board of Education.

 

                        8.4            Medical Appeals:  This medical appeal procedure is for the purpose of resolving claims based upon medical grounds filed by individual teachers for exemption from assignment or reassignment.  The procedure includes a District medical decision by the Employee Health Panel based on medical criteria, and a hearing of an appeal from such decision by the Medical Appeal Panel if requested by the employee.  For purposes of conducting hearings of appeals from District medical decisions, the District and UTLA shall jointly select and retain a professional hearing officer who shall be a member of the American Arbitration Association's Labor Panel and who shall be compensated by the District and UTLA jointly.  The District and UTLA shall each designate a representative to assist in the medical exemption appeal process.  The hearing officer and the respective appointed representatives will serve as a Medical Appeal Panel chaired by the hearing officer.  The Medical Appeal Panel shall have responsibility for hearing the appeal of each employee who files a written request for appeal from the Employee Health Panel decision.  Based upon this hearing the Medical Appeal Panel will have the authority to sustain or reverse the Employee Health Panel's decision concerning the employee.  At the conclusion of the hearing the Medical Appeal Panel shall make known its decision as soon as possible and the hearing officer shall prepare a written report of findings and conclusions.  The decision shall be final and not subject to further appeal or to the grievance procedures of Article V.

 

                        8.5            Applications for medical exemption shall be processed as expeditiously as possible.  Procedures for processing applications shall include, but not be limited to:

 

            a.      A written request for medical exemption shall be forwarded to   the Employee Health Coordinator by the applicant who shall then be furnished with an application form.

 

                        b.            The application shall be submitted to the Employee Health             Coordinator by the applicant.  The  applicant  shall  be  responsible  for  the

 

 

 

submission of a written report concerning the applicant's medical condition from the applicant's physician(s) to the Employee Health Coordinator.


 

                        c.            A review of all medical data shall be conducted by the Employee

Health Panel including, where necessary data provided through additional medical examination, consultation, and evaluation of the applicant.  The medical criteria to be applied are whether the employee has  demonstrated (1) a chronic condition which has required some life adjustment accompanied by prolonged and continuing treatment, (2) the transfer would be seriously detrimental to the employee's health, and (3) the condition would prevent the teacher from reporting to and/or performing regularly assigned duties at the other location.

 

            d.      The Employee Health Panel shall render a decision regarding       the applicant's request for medical exemption.  Notification shall be sent to the applicant and to the Personnel Division by the Employee Health Coordinator  regarding disposition of the exemption request.  This notification shall set forth express grounds for denial of a request which has been disapproved.

 

            e.      The Personnel Division shall make assignments based upon       the decision of the Panel and shall notify employees regarding such assignment.  Employees are required to report to the location to which assigned or reassigned pending final disposition by the Medical Appeal Panel and the Personnel Division.

 

            f.      A written request for appeal from the Employee Health Panel's       decision may be filed by the applicant.  Such requests must be received by the Employee Health Coordinator within thirty days from the date of the Employee Health Panel's decision.

 

      g. If an appeal is filed, there shall be a hearing conducted pursuant to Section 8.4 above.

 

            h.      If directed by the Medical Appeal Panel, there will be an adjustment       of the applicant's assignment.  Adjustment means assignment to a location consistent with the reason for which the exemption was granted.

 

 

                        8.6            All information listed above shall be available to the Medical Appeal Panel at the hearing, provided the claimant authorized release of medical information.  Both the District and the applicant shall have the opportunity to present medical evidence and/or testimony.  The application, attachments, and all medical information subsequently requested shall be considered to be confidential medical information and will be retained by the Employee Health Coordinator.  The applicant

 

 

 

shall certify that all information contained in the application is true and correct to the best of the applicant's knowledge.

 

                        9.0            Employee Initiated Transfers - Employees Time-reported from Central or Regional Locations:  Any permanent support services employee assigned from the central office, Cluster/district office, service center, nursing services area,  or Driver Education Section who has served in paid status for at least 130 days each year for three consecutive years at the same location from which transfer is sought may apply for a transfer.

 

                        9.1            A limit of two locations may be requested.  Applications shall be submitted on a District form which shall be available at each location.  Applications shall be signed by the employee's immediate administrator and filed with the appropriate office.  All applications shall be filed prior to a closing date to be announced each year.  All applications shall be valid for one year only unless withdrawn, changed, or renewed by the applicant.  Changes to the application may only be made once each year.

 

                        9.2            The  administrator of the office to which the application is made shall acknowledge in writing to the employee receipt of the application.  The appropriate administrator shall prepare a master list of anticipated vacancies for the locations served.  This list shall be posted at all locations and copies made available to personnel upon request at least one week prior to the last date to file an application for transfer. Prior to April 1 of each year, the appropriate offices shall provide each location they serve with an updated list of employees who have on file a current transfer application.

 

                        9.3            When a vacancy occurs, the immediate administrator shall invite each applicant to make an appointment within ten (10) working days to meet and discuss the possible transfer.  At least half of the positions at each location as they become available will be filled as follows:

 

                        a.            Top priority shall be applicants who have not been granted a             requested transfer for two (2) consecutive years.

 

                        b.            Then, if there is more than one applicant for a position, the             employee with the most consecutive years at the same location shall be given             priority consideration.

 

            c.      If a tie occurs, priority should be given first to time served in the       same class and then to District seniority.

 

 

 

                        9.4            The administrator shall notify the appropriate offices as soon as an employee has been selected from the transfer list and the employee has either accepted or refused the assignment in writing.  The administrator shall notify each applicant of the selection decision after all applicants have been interviewed and shall keep a record of all interviews.  A teacher not selected will be provided, upon request within ten days, with the reasons for the selection made.

 

                        9.5            Every effort should be made to accomplish all available transfers not later than September 1 each year to become effective not later than the first day of the Fall semester.  When a vacancy occurs between the first day of the fall semester and the last day of the spring semester, it shall be filled with the understanding that the employee who accepts the assignment is subject to transfer

at the end of the school year if there is a current transfer application request on file by an employee with a higher priority according to the above rules.

 

                        9.6            An employee who is successful in obtaining a transfer may not submit another transfer application request for three (3) school years.

 

                        10.0            Employee Initiated Transfers - Children's Centers: A permanent 4-hour and permanent or probationary 8-hour (including split assignments) Children's Center employees shall be eligible to apply for transfer to an 8-hour position at another site.  (See Article XXIII, Section 5.0 for provisions relating to 4-hour work opportunities.) Applications will be submitted on forms available at each Center, and must be filed at the Children's Center Assignment Office.

 

                        10.1            A master up-to-date list of anticipated 8-hour openings will be compiled by the Children's Center Assignment Office and posted at each work site for five working days prior to the position being filled.  Postings shall include:  the name and address of the work site, the proposed hours, any special skills and/or qualifications required, and a deadline for applications.  An employee returning from leaves or a displaced employee may be placed in an opening without posting, or the District may permit such employees to apply and be considered for posted openings. 

                        10.2            When an opening occurs and has been posted, the immediate administrator shall, consistent with the Teacher Integration Program (Appendix B and Section 6.0 of this Article), interview the five most senior qualified employees who have on file applications to that Center. Each interviewee shall be notified, in writing, of the selection decision. Posted openings may be filled on a temporary basis or with a substitute teacher pending completion of the selection process.

 

                        10.3            An employee who is successful in obtaining a transfer may not submit another transfer request for three calendar years.  An employee who  refuses

 

 

an offer to a Center requested shall be removed from the transfer list to that Center and shall not be permitted to reapply to that Center for the next three succeeding calendar years. 

 

                        12.0            Vacant Positions

 

                        12.1            The District shall establish daily, organized by Cluster, a list of schools with known "vacant positions."  A vacant position shall be defined as:

 

                        a.            A position from which a teacher will retire or resign.

                       

            b.      A position held by a teacher on leave of absence except for leaves       of one year or less for illness, sabbatical, pregnancy, or industrial injury.

 

                          c.         A position which is unfilled.

 

              d.      A position occupied by a teacher whose transfer has been approved       and whose assignment has been confirmed.

 

              e.      A position currently occupied by a substitute teacher except for       positions held at the location for teachers on sabbatical, pregnancy, industrial or illness leave of one year or less.

 

This list will be posted at the Certificated Placement and Assignments Office. 

 

                        13.0            Return Rights

 

              a.      Displaced teachers who fit into the following categories shall       have return rights as set forth below:

 

(1) A teacher displaced from a school between the end of one semester and the fourth week of the next semester  shall be returned to the school from which displaced if by the end of the fourth week, a vacancy occurs (based on the classification report) for which the displaced teacher is the most senior displaced "match" by reason of same  subject field or grade (K-6). If such displaced teacher is not a "match", the teacher may nonetheless be returned to a vacancy in a different subject under the above circumstances if:

 

(a) the teacher's credential permits

 

 

(b) the teacher has some teaching experience in the subject during the preceding six semesters, and

 

(c) the site administrator reasonably concludes that such a return is in the best interest of the educational program.

 

(2) A teacher displaced as a result of a school closure  decision, reconfiguration, boundary change, or other action pursuant to Section 17.0 of this Article shall upon application be returned to the school from which  displaced if before the end of the fourth week of the following fall semester a vacancy occurs for which the displaced teacher is the most senior displaced "match" by reason of the same subject field or grade level (K-6); if not a "match", the teacher must meet the criteria in (1) (a), (b) and (c) above.

                                                             

            b.      An employee in a non-teaching assignment at a location where       previously assigned as a teacher shall, upon completion of the non-teaching assignment, remain at the site as a member of the teaching staff.  If the completed non-teaching assignment was at a school site or office other than the prior teaching assignment, the employee shall be returned to the previous school if there is an opening or to a school in the same geographic area.

 

            c.      Notwithstanding the above, no assignments shall be made which       would adversely affect the racial/ethnic balance of a school.

 

            14.0 Voluntary Continuous Service Transfers, K-12 Program:

      

      14.1      Teachers with permanent or continuing status may apply for

 transfer under this section if either:

 

            a.      The teacher has, for at least eight consecutive years immediately       preceding the proposed date of transfer, served at one or more locations currently designated as a Title  I or Urban Impact I School, or

            b.      The teacher has, for at least four consecutive years immediately       preceding the proposed date of transfer, served at a location not currently designated as Title  I or Urban Impact I but is willing to transfer to a Title I or Urban Impact I school

For the purposes of this section, a year is defined as 134 days of service. Time spent on formal leaves shall not count as time served, but shall not constitute a break in service.

                        14.2            Application forms will be available on February 1 and must be filed by April 1 at an office designated by the District.  Applications are valid for transfer for the following school year only (July 1 through June 30).

 

                        14.3            Transfer applicants must make themselves available for transfer to at least two geographic areas by ranked preference, but may make themselves available for transfer to more than two areas.

 

                        14.4            A Continuous Service Ranked Eligible List will be established by May 1 each year for each of the two categories identified in 14.1 above.  Eligibility rank will be based solely on years of continuous service at qualifying locations as

 

defined in 14.1 of this Section, with District seniority used to break ties.  Applicants will be considered for transfer in rank order from each of the two lists.   However, eligibility rank is subject to revision to comply with Section 1.2 of this Article.

 

                        14.5            Seventy-five applicants shall be transferred from category

 

(a) in 14.1 and 75 shall be transferred from category 

 

(b) provided there are sufficient eligible applicants.

 

                        14.6            By May 1, the District shall establish and post in a conspicuous place in the Certificated Placement and Assignments Office a list of schools with "known vacant positions" as defined in Section 12.1 above.

 

                        14.7            Through May 15, interviews for positions are optional and may be initiated by applicants (who are placed on a Continuous Service Ranked Eligible List), by principals, or by the Personnel Division.

 

                        14.8            Between May 15 and June 1, applicants on the Continuous Service Ranked Eligible Lists who have not been placed by May 15 shall be offered assignment by the District ("must place") to a school in one of the geographic areas specified in the application.  Where necessary, displacements shall be made to accommodate applicants on the two Continuous Service Ranked Eligible Lists, except at UCTP locations.  All placements and displacements shall conform to the following:

 

 

 

            a.      The District shall analyze both the applicants and the known       vacancies in terms of credential, subject field, grade level (K-6), and skills in an effort to find "matches" of vacancies and applicants, and place eligible teachers in such known vacancies prior to the use of displacement.

 

            b.      If there is no vacancy remaining for an eligible teacher in anyone       of the requested geographic areas, the District shall displace a teacher whom it has determined to be a "match" pursuant to the provisions of Section 6.0 of this Article.

 

                        14.9            The following procedures govern offers of transfer:

 

                        a.            A teacher has up to ten calendar days from the date of the offer in         which to irrevocably accept or reject transfer.

 

            b.      If an applicant refuses an offer of assignment (except a  temporary       assignment under 14.10 below) or fails to respond within the ten calendar days, the application will be voided for that school year.

 

            c.      If a teacher accepts an assignment, then later declines or  cancels       for any reason, the teacher is subject to transfer to that  assignment.  The waiting

period to apply again under the Continuous Service Transfer program shall be as stated in Section 14.1.

 

            d.      The District shall continue to make offers of transfers up to and       including   June  10  in  order  to  transfer  75  teachers  from  each   category.  Immediately after June 10, the District shall supply UTLA with lists of employees transferred pursuant to this section.

 

                        14.10            Assignments made to locations identified under 12.1b or 12.1e above may be temporary.  In such cases the employee will be advised at the time of offer that the assignment is temporary in nature.

 

                        14.11            An eligible teacher transferred pursuant to this section shall not be subject to involuntary displacement from the new assignment for three school years, except those teachers in temporary assignments made under 14.10 above.  However, those on temporary assignments shall be guaranteed retention in the geographic area for a minimum of three years.  Time spent on leaves shall be counted toward this exemption, except time spent on formal leaves of absence as the  result  of  an  unprovoked act of  violence (Special Physical Injury Leave) or a

bonafide Industrial Injury or Illness Leave that does not exceed 60 working days.

 

 

 

                        14.12            No transfer shall be made under this section which causes a school on the receiving end of a transfer to become racially/ethnically imbalanced within the meaning of the Teacher Integration Program, Appendix B, Article XI, Section 6.0, or which adversely affects Rodriguez compliance.

           

                        15.0            Temporary Assignments:

 

                        15.1            Any personnel, including but not limited to District-Wide Transfer List teachers and contract pool teachers, who are assigned to a given location in order to fill in (directly or indirectly) for a teacher who is on leave with a right to return (sabbatical, illness less than one year, industrial injury) shall not, by virtue of such temporary assignment, gain status as a regular member of that school's staff for purposes of future assignment, bumping rights, or the like.

           

                        15.2            Teachers on the District-Wide Transfer List (See Section 7.0) may be  assigned  on  a  temporary  basis  to  vacancies at schools with staff selection

rights until the end of the semester, or equivalent period of time in multi-track schools.   At that time, these teachers will be reassigned in accordance with Article XI, Sections 7.0b and 16.0e.

 

                        16.0            Transfer Assignment Priority:  Except where otherwise provided in the Agreement, teachers shall be transferred to schools with known vacant positions (Article XI, Section 12.0) for which they are qualified by credential, subject field(s), grade level (K-6) and skills, in the following group order of priority:

 

             a.      Teachers covered by medical or hardship exemption (Article       XI, Section 8.0) and guaranteed Continuous Service Transferees (Article XI, Section 14.0).

 

                          b.         Certain teachers with return rights limited to:

 

(1) Those teachers displaced between the end of one  semester and the beginning of the next semester,  [Article XI, Section 13.0 (1)],

 

(2) Those teachers displaced as a result of a school closure decision, reconfiguration or boundary change [Article XI, Section 13.0a (2)], and

 

(3) Teachers returning to classrooms from non-classroom assignments (Article XI, Section 13.0 b.)

 

 

 

            c.      Teachers assigned to a school that is being converted to a Los       Angeles Learning Center or a Charter School who do not wish to remain at such school may opt out by indicating so no later than May 15.  Such teachers may take advantage of any transfer rights they may have under the Agreement or will be transferred to a vacancy at a school within the geographic region in which the present school is located, or if no such vacancy exists, shall be transferred to another geographic area.   

 

            d.      Teachers transferred either as a result of having opted out of       the Year Round School Program (Article XI, Section 18.0) or Magnet School, or out of the EIS program (Article XI, 7.0 b) and unassigned teachers displaced from closed schools (Article XI, Section 17.0),

 

            e.      District-Wide Transfer List.  Displaced teachers (Article XI, Section       6.0, 7.0) and teachers returning from leaves with no right to return to a specific location (Article XI, Section 7.0a.)

 


            f.      Probationary contract waiver teachers, Section 7.5 of this Article.       

            g.      Teachers transferred under the Voluntary Teacher Initiated Transfer       Program, Section 5.0.

 

                        h.            Teachers returning from Charter School Leave.

 

                        i.            Teachers newly hired.

 

                        16.1            Nothing in this Transfer Assignment Priority Section (16.0 et seq.) is intended to supersede or amend other transfer provisions of the Agreement, except where there is a conflict, in which case this section shall prevail.

 

                        16.2            No assignment or transfer shall be made under this Article which causes a receiving school to become racially and ethnically unbalanced within the meaning of the Teacher Integration Program (Appendix B and Article XI, Section 3.0).

 

                        16.3            Generally, annual assignment and placement of teachers in accordance with the above priorities will be conducted simultaneously in all geographic areas.  Assignments may be made directly by the Personnel Division without site interviews.  In some cases teachers from different priority groups may be interviewed and assigned concurrently.  However, the District shall make a good faith effort to assure that by the fourth school week teachers are assigned and placed consistent with the above priorities excepting variations caused by special educational needs

 

 

 

(see Section 6.0c of this Article), lack of an appropriate "match" between  school needs and applicants, and staff integration requirements.

 

                        16.4            An effort will be made to accomplish all assignments by the first day of the Fall semester.  However, when a vacancy occurs between the first week of the semester and the end of the school year, and that vacancy is filled without regard to the above priorities, the employee assigned to the vacant position shall be considered an interim assignment and subject to transfer.

 

                        17.0            School Closures, Reconfigurations, Boundary Changes and Other Actions Which Result in Movement of Groups of Students:

 

The intention of this Section is to provide principles and rules to deal with the teacher assignment and reassignment effects of District decisions to move students as a group from one school site to another as a result of school reconfiguration (closures, boundary changes, etc.).

 

With respect to the existing teachers  at receiving schools in reconfiguration programs, it has been agreed that this faculty will not be affected in any way by the number of students and teachers who are reassigned, and who do or do not arrive at receiving schools, as a result of the reconfiguration process.  In other words, incoming teachers or students will not be used to either cause displacement of existing teachers from receiving schools, or to "hold" existing teachers at receiving schools who would otherwise have been displaced. 

 

The principle articulated in the preceding paragraph is to be applied to faculty adjustments caused by school closures, boundary changes and other actions which result in the movement of students unless otherwise indicated in this agreement.

 

            a.      The  District sha