LAUSD/UTLA CONTRACT
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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.
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
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
(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