ARTICLE 4 TEACHER FILES

South Kingstown School District

A. Definitions /Scope of Article

1. This Article shall not apply to Team Leader positions.

2. A permanent vacancy is defined as any new or existing bargaining unit position, either full time or part time, caused by death, resignation, retirement, promotion, discharge , creation of a new position or second year leave of absence, which lacks an incumbent and which the Committee intends to fill for at least a full school year.

3. Promotional positions are defined as:

a. positions paying a salary differential (including Department Head and Instructional Coordinator positions) and

b. positions on the Administrator - Supervisory level.

4. A temporarily vacancy is defined as any new or existing bargaining unit position which lacks an incumbent and which the Committee intends to fill for a minimum of 90 school days to a maximum of 180 school days.

B. The posting of such vacancies shall be done annually June 1st or upon approval of the SKSD 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.

C. Educators who have been involuntarily transferred, other than for reasons of job perfo1mance, 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 in the immediate year subsequent to the transfer. Thereafter, said position shall be offered in the subsequent job assignment process.

D. If, during or after the Job Assignment Process, the Superintendent wishes to question a proposed transfer then he/she shall notify the teacher(s) and convene a meeting with the teacher(s) and Union President within five (5) school days.

If after meeting with the teacher(s) and the Union president, the Superintendent decides to deny the proposed transfer, it shall be for an articulable overriding educational concern. The denial and all the reason(s) shall be set forth in writing and sent to the teacher and Union within three (3) business days of the meeting.

This procedure shall only be applicable to teachers seeking a voluntary transfer.

The Union may appeal within five (5) business days the Superintendent's decision to expedited arbitration as follows:

1. The Union and the School Committee shall select one arbitrator per year to hear all such appeals. The hearing shall be held no later than July 15th. The cost of the arbitrator shall be split equally between the parties.

2. The Arbitrator shall render his/her decision within twenty (20) calendar days;

E. 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 perfom1ance improvement 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 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.

F. 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.

G. Vacancies which are created after the June Job Assignment Process and prior to the start of the school year shall be posted to members electronically for a period of ten (10) calendar days, unless a shorter posting period is agreed to by the Superintendent and the NEA/SK. Members who are interested in such positions will notify the superintendent of their interest by completing and submitting a PSD Matrix Form. Positions will be filled consistent with this A1ticle upon review of the PSD Matrix forms by the Superintendent and the President of the Association .

H. 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.

I. 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.

J. Any vacancy noted below will not be filled by the job assignment process but will be offered to members of the bargaining unit. The interview search committee (which is charged with making a recommendation to the Superintendent) will be composed of an equal number SKSD administrators and teacher representation to be chosen by the Association. Bargaining unit members will be given preference for these positions as long as they are qualified. In the event that two candidates are equally qualified for the position , as determined by the Superintendent, the Superintendent shall appoint the most senior of such applicants to the position. In the event that there are no qualified candidates from the bargaining unit, the administration will then open the position to outside candidates. These positions include the following Deans, Academic Coaches, Interventionists, Guidance Counselors and CTE Coordinator(s). For the first two years, teachers filling these positions (except Guidance Counselors) will be considered to be on a leave of absence from their position. They will have the opportunity to return to their exact position after the first year, and after the second year teachers filling these positions can return to a position but not their exact position. Any time after the two year period they would need to attend the job assignment process to obtain a voluntary transfer.

K. Instructional Coordinator positions

Instructional Coordinator positions will not be filled through the Job Assignment process. If a Department Head/Instructional Coordinator position becomes vacant on or after the effective date of this Agreement, the position will be posted in accordance with the provisions of Section K. 1 below and will be filled through an application process. The Superintendent shall have the right to select the most qualified applicant for each position. In the event that the two most qualified candidates are equally qualified for the position, the Superintendent shall appoint the most senior of such applicants to the position .

L. Vacancies Occuning During the School Year

1. All vacancies (as defined above) and promotional vacancies that occur during a school year shall be published by electronic notice to be delivered to the Association President and posted in every building .

2. During the school year, no vacancy (as defined above) or promotional vacancy shall be filled permanently until a notice of such vacancy has been electronically posted for ten (10) working days, unless a shorter posting period is agreed to by the School Committee and the NEA/SK. A vacancy which is electronically posted with less than ten (10) days remaining in the school year, shall be posted for the remainder of the school year. Postings which occur during the summer will be electronically posted to all teachers with a fifteen (15) day posting period.

3. Qualifications and other pe1tinent information shall be set forth in notices of vacancies.

4. All appointments to the aforesaid vacancies and openings shall be made without regard to age, race, creed, color, religion, nationality, sex, sexual orientation or marital status and without regard to membership or non-membership in the Association.

M. Transfer - Involuntary

1. When involuntary transfers are necessary, a teacher shall not be assigned to a position outside his/her area of certification.

2. Notice in writing of proposed involuntary transfers shall be given as soon as possible to the teachers involved immediately upon knowledge of such transfers, and whenever possible not later than three (3) days prior to the close of school in June, in accordance with Article 10, A.

3. An involuntary transfer shall be made only after a meeting between the teacher involved and the Superintendent (or his/her designee) at which time the teacher shall be notified in writing of the reasons for the transfer.

4. The Committee and the Association recognize the prerogative of the Committee, through its Superintendent , to place teachers within the school system where they will best serve the interest of the school system. No teacher shall be transferred involuntarily without good cause.

5. No involuntary transfer shall be made subsequent to October 1 of the school year in which the transfer is to become effective except in an emergency situation.

6. All vacancies shall be filled by voluntary transfers whenever possible. No reduction in the total number of teaching positions shall occur as a result of the job assignment process.