ARTICLE IX VOLUNTARY AND INVOLUNTARY TRANSFERS

North Kingstown School District

A. A vacancy shall be defined as the availability of a position caused by a death, resignation, retirement, promotion, discharge or creation of a new position. If a position increases in size due to an increase in enrollment, the position is not considered a vacancy and the person in the position may increase their employment.

B. The posting of such vacancies shall be done annually by June 1st or other mutually agreeable date or upon approval of the NKSD budget by the School Committee, whichever comes first, provided a petition for a referendum has not been filed to reduce the budget. All postings shall include at a minimum a description of the position requirements, i.e., title, certification, grade level for elementary and the position location. If a teacher is on a leave of absence, the position will be described as a "one year only" position. The teacher bidding into that "one year only" position will have no rights to that position and must participate in the Job Placement Process when the teacher on the leave of absence returns. If the leave of absence is extended for a second year, the teacher in the "one year only" position may remain in the position for the second year without the position going through the Job Placement Process again. At the end of the second year, the position must go to the Job Placement Process and the person in the "one year only" position will have no rights to that position and must participate in the Job Placement process.

C. Educators   who   have   been   involuntarily   transferred,   other   than   for  reasons  of  job performance, shall be given preference for any vacancy that occurs in the identical position from  which  that  teacher  was  involuntarily  transferred,  provided  the  identical  position becomes available prior to the first day of school.  Thereafter, said position shall be offered in the subsequent job assignment process.

D. Voluntary  transfers  and  assignments  shall  be  based  upon  the  following  Performance Seniority  Experience  (PSE)  Matrix,  with the  position  awarded  to the educator  with the highest score from among interested candidates.   Where two or more applicants have the same score, seniority shall be the deciding factor.  No selection shall be allowed under this procedure if the final effect causes the blocking of the recall of a teacher on the suspension/recall list.

Note 1: Teachers must be rated developing or better on the last three (3) evaluations and cannot be on a corrective action plan and/or on notice of layoff for performance reasons.  However, a teacher on a Plan may be deemed developing and eligible to apply for a voluntary transfer if so approved after a meeting with the Superintendent or designee.

Note 2: Relevant experience levels are defined as High School, 9-12, Middle School, 6-8, Upper
Elementary School, 3-5, Lower Elementary School, PK-2.

Note 3:  Job assignments will be based upon the remainder of the matrix. However, a teacher who has been evaluated and received a developing or ineffective rating may not request a transfer unless approved by the Superintendent or designee. For future job assignments, effectiveness ratings for non-classroom teachers will either be based upon an instrument created by RIDE or if none is available, an instrument jointly developed by NKSD and NEANK consistent with the RIDE model.

E.  Once all vacancies and any vacancies resulting from voluntary transfers have been offered to staff members, the process shall end and all remaining vacancies shall be advertised and offered to the general public. Newly-hired teachers selected for these posted positions shall become full members of the bargaining unit with all rights of seniority and recall.

F. Vacancies which are created after the June Job Assignment Process shall be posted in August and filled consistent with this Article.

G.   Teachers  shall  be  consulted  regarding  any  changes  in  their  programs  and  schedules, including the schools to which they will be assigned, levels and/or disciplines that they will teach, and any special or unusual classes or assignments they will have. These assignments and transfers will not be arbitrary and the Administration  must show good cause for any change in assignment or transfer. The School Department agrees to provide the teacher with materials, curriculum and briefing necessary to adjust to any of the above-mentioned circumstances.

H.   Not later than one (1) week following the Job Assignment Process, the Superintendent or designee shall make available to the Association a list showing the names of all persons who have been reassigned or transferred and the nature of such reassignments or transfers.

I. Involuntary transfers shall take place consistent with the provisions of this Article, provided all of the following apply:

1. the teacher remains certified in the area;

2.  the teacher has received an "effective" or higher rating in their most recent evaluation;

However, the Superintendent  or designee may involuntary  transfer  any teacher who has received a rating in their evaluation that is ineffective or developing.

All other involuntary transfers will be based on seniority. Teachers with the least seniority will be changed  first. The Superintendent  or designee  may under  unusual circumstances choose another teacher only if absolutely necessary.

1.  Seniority shall be system wide and is defined as teaching service, exclusion of substitute teaching service, in the North Kingstown School Department as computed from the beginning date of employment. Where the beginning date of employment is the same, the date of appointment by the School Committee shall be the determining factor. Where the date of appointment is the same, the date of receipt of the original application shall be the determining factor so long as such date can be determined on the respective applications. When the date of receipt cannot be determined, then the date of application shall be the determining factor. When the date of the application is the same, seniority will be determined by those teachers concerned drawing lot. This lottery will be administered by the Supervisor of Human Resources.

2.  Seniority shall be broken whenever an employee terminates voluntarily, is discharged, or exceeds an authorized leave of absence.

3.  A teacher  who  is involuntarily  transferred  or reassigned  shall  receive  notification  in writing as to the nature and reason for said transfer or reassignment. If the teacher is dissatisfied with the reason, they may request an informal meeting with the Superintendent or designee and, if desired, an Association Representative.

4.  It is agreed that the  least senior  teacher teaching  in the certification  category  of the position being eliminated in a building shall be the person to be transferred from the building, if an involuntary transfer is necessary.  This practice is limited to the question of involuntary transfer from a building as a result of position elimination and does not apply to voluntary transfer or reassignment within a building.

J.   Notice of change in assignment and/or transfer for the next school year shall be given as soon as practical under normal circumstances not later than May 15th. To the extent possible, no reassignment and/or transfer shall be made after August 15th. In the event that a teacher is reassigned or transferred after August 15th, the Administration will provide personnel to pack and move classroom material and the teacher will be granted compensation of two hundred fifty ($250) and up to two hundred fifty ($250) more for materials provided that the teacher has receipts.

K. In arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of interschool travel. The parties agree that teachers who travel from school to school should have a minimum of thirty (30) minutes to travel, park, and prepare for subsequent assignment. To this end, prior to the beginning of any school year, the Superintendent or designee and NEANK President will meet to identify those situations where individual teachers do not have a minimum time for travel, parking and preparation. If thirty (30) minutes is not possible, Administration, NEANK and the teacher will agree to an alternative solution.  Such teachers shall be consulted about any change in their schedules.

L.  Teacher  assignments and transfers shall be made without regard to religion, nationality,  sex, marital status or physical  handicap.

M. All information regarding decisions  on transfers  shall  be available  to the Association with the written  authorization of the teacher.

N.   No reduction in the total number  of teaching  positions  shall occur as the result of the Job
Assignment Process.

O. Any  vacancy  noted  below  will  be offered  to members  of the bargaining  unit. The search committee (which  is charged  with making  a recommendation to the Superintendent) will be composed  of NKSD  administrators, and will include teacher  representation to be chosen by the  Union President. .  In  the  event  that  there  are  no  candidates  from  the bargaining unit or that the Superintendent does  not select  a candidate  from the bargaining unit, the administration will then  open  the position  to outside  candidates. These  positions include the following  Academic  and Technology Coaches,  Curriculum  Coordinators, Department Heads,  PBGR  Coordinators, Guidance  Counselors, or teachers selected  to conduct  innovative  projects.