9.1 Definitions

      9.1.1   A “transfer” is the movement of a Member of the Bargaining Unit from one site to another site and may include a change in grades or subject area as long as the move involves changing sites.

      9.1.2   A “reassignment” is the movement of a Member of the Bargaining Unit from one subject area to another subject area, one grade level to another grade level, or other reconfiguration within the same school site.

      9.1.3   A “vacancy” is any certificated position that does not have a Member of the Bargaining Unit assigned to it.  This includes any vacated, promotional, or newly created position, including a position created by reconfiguration or restructuring.

      9.1.4   “Seniority” is the Member of the Bargaining Unit’s initial date of certificated service in the District.

                  9.1.4.1            Members of the Bargaining Unit with the same initial date of certificated service in the District shall have their seniority number determined by lot when necessary.

                  9.1.4.2            A lottery shall be conducted in the presence of at least two (2) Victor Valley Teacher Association representatives.  Once a lottery is used to determine a Member of the Bargaining Unit’s seniority, that seniority shall remain in effect while the Member of the Bargaining Unit is employed in the District.

9.2 Notice of Vacancy

9.2.1   Any Bargaining Unit Member who has been involuntarily transferred in the last five (5) years will be personally notified in writing if a vacancy in their credentialed area subsequently becomes available at the site from which they were involuntarily transferred.

      9.2.2   The District Office shall post notice of each vacancy, as it occurs, at the District Office and at each school site in an area frequented by Members of the Bargaining Unit.  The notice should include the following:

                  9.2.2.1      A closing date which is at least ten (10) calendar days following the posting date.

                  9.2.2.2      a job description.

            9.2.2.3      credentials and qualifications necessary to meet the requirements of the position.

      9.2.3   No assignment to permanently fill the vacancy shall be made until after the closing date.

9.2.4   In the event a vacancy posting occurs during a period of more than five

            (5) non-student days excluding weekends, the District will mail a notice of

            vacancy to each Member of the Bargaining Unit in a timely manner.

9.2.5   Notwithstanding any other provision or requirement of this contract, if a

      vacancy is created at any time during the contractual work year (as defined by the work year for classroom teachers), prior to filling the vacancy the District must notify all Members of the Bargaining Unit by 1) posting the vacancy; 2) placing a copy of the flyer in all Members of the Bargaining Unit mail boxes; and 3) giving telephone and/or e-mail notice to the association president, the District shall not fill the vacancy in less than 48 hours excluding weekends and holidays after having given the required notices.  The District need not post such vacancies for the normal contractual 10-day posting period.

9.3 Voluntary Transfer

      9.3.1   In the event a vacancy occurs at a site(s), the Member of the Bargaining Unit may apply in writing through the District Personnel Office for a voluntary transfer.

      9.3.2   If the vacancy occurs during a school year or within twenty (20) calendar days of prior to the first contracted day, the approval of both principals is necessary to affect a voluntary transfer.

      9.3.3   If a vacancy occurs for the succeeding school year more than twenty (20) calendar days prior to the first contracted day, only the approval of the receiving principal is necessary.

      9.3.4   Voluntary transfer requests shall be given priority consideration.

      9.3.5   A Member of the Bargaining Unit will receive written selection /non-selection notice in a timely manner.

      9.3.6   A Member of the Bargaining Unit returning from leave shall be afforded all rights provided under this section, including the receipt of all posted vacancies upon request.

9.4 Involuntary Transfer

In the event a site is required to reduce certificated staff as a result of declining enrollment and/or program reduction, an involuntary transfer may take place under the following conditions:

      9.4.1   The position to be reduced is determined by site management based on site enrollment and site program needs.

      9.4.2   Involuntary transfers shall take place in reverse order of District seniority at the site with consideration of credentialing.

9.4.3   In the event a site is required to reduce certificated staff and there is a vacancy in the same credential area at another site, an involuntary transfer may take place under the following conditions:

9.4.3.1            There were no voluntary requests to transfer to the vacant positions from qualified bargaining unit members in accordance with 9.3 Voluntary Transfer of the negotiated contract.

                  9.4.3.2            Involuntary transfers shall take place only after all Members of the Bargaining Unit have been given the opportunity to apply in writing for any and all vacant positions for which they qualify in the District.

      9.4.4   A Member of the Bargaining Unit affected by involuntary transfers shall be given a notice of transfer, including the reason(s) from the Superintendent or designee by certified mail within four (4) District working days following the decision.

      9.4.5   The Member of the Bargaining Unit may appeal the decision to the Board of Trustees in writing within ten (10) days of receipt of the certified notice.  A decision shall be rendered no later than the board meeting immediately following the meeting at which the Board received the written appeal.  The Member of the Bargaining Unit will comply with the transfer until the decision is rendered.

      9.4.6   A Member of the Bargaining Unit who is transferred/reassigned, voluntarily or involuntarily, during the contracted school year (refer to 5.1) shall be allowed two (2) days of paid release time for preparation prior to the effective date of the transfer/reassignment.  The District shall provide assistance in moving a Member of the Bargaining Unit’s classroom materials whenever he/she is transferred/reassigned.

      9.4.7   A Member of the Bargaining Unit considered for involuntary transfer shall have the right to any existing vacancies pursuant to the voluntary transfer provision of Article 9.3 for which he/she is certificated.

9.5       It is the goal of each site to notify Members of the Bargaining Unit of their proposed teaching assignment for the next school year as soon as possible. 

A Teacher on Special Assignment who is returning to the classroom shall have the right to any existing vacancies, for which he/she is credentialed, with the approval of the receiving principal.  If no vacancies are available, or if the receiving principal does not approve the transfer, placement shall take place in reverse order of district seniority with consideration of credentialing.