15. TRANSFERS

15.1 General Principles

15.1.1 An ESP transfer is a change in position from one position to another.

15.1.2 A transfer may be requested by an ESP or may be initiated by the Superintendent.

15.1.3 ESP employees who are placed on Career Observation may not volunteer but shall be transferred if their seniority requires it. An ESP may also be transferred administratively according to Section 15.2.

15.1.4 ESP employees are eligible to transfer at any time during the work year except when the Division of Human Resources has implemented a freeze on transfers on specific classifications for unit loss placement. A qualified replacement should be secured before the transfer is made; however, no transfer will be delayed more than two weeks. The Administration may allow for up to one week training period for the new employee by the old employee, whenever possible.

15.1.5 All vacancies will be advertised for a reasonable amount of time (five workdays) before any transfers (except administrative), new hires or other actions to fill the position are taken (County-wide Bulletin and Job Line).

15.1.6 Applicants from permanent ESP personnel within the school system shall be considered before filling a vacant position.

15.1.7 All ESP vacancies shall be made known immediately to the Division of Human Resources.

15.1.8 The Division of Human Resources shall provide information regarding vacancies to those ESP employees desiring a transfer and to the Association when requested.

15.1.9 Administrators shall notify all ESP employees interviewed of their decision.

15.1.10 All complaints related to the ESP selection process should be directed to the Division of Human Resources immediately for investigation. The applicant will be notified of the result.

15.1.11 All advertised/listed vacancies assigned to a school on a Modified School Calendar shall be noted as such. Before an ESP accepts transfer, they will be notified of any impact on their annual salary if transfer occurs.

15.2 Administrative Transfer

15.2.1 The Superintendent or his designee shall investigate any written request for an administrative transfer. This investigation shall determine the need for further action.

15.2.2 If appropriate, a hearing will be held involving the ESP, Principal/Supervisor, Association, and the Assistant Superintendent for the Division of Human Resources or designee.

15.2.3 Following the hearing, the Assistant Superintendent for the Division of Human Resources will make recommendations to the Superintendent.

15.2.4 The Superintendent shall then act upon the recommendation. Should a transfer be indicated, the ESP shall be placed in a vacancy that is in the test interest of the individual and the system.

15.3 Unit Loss Transfer

15.3.1 ESP units at each work location shall be allocated according to the Board approved formula normally once each spring and each fall.

15.3.2 Unit loss will be used for transferring ESP employees when a work site must lose ESP employees due to unit allocation changes.

15.3.3 When transfers are necessary due to unit loss, ESP employees to be transferred will be determined by the seniority and unit loss policies.

15.3.4 Unit loss will be transacted first within the designated clerical classifications or within the designated paraprofessional groups and classifications at each school site. The ESP with the most seniority within the affected classification/group shall have the first option to stay in a position or transfer, with such option extended to all ESP employees within the same classification/group on a diminishing basis until one elects to transfer (transfer period or pool placement) or until such time as the ESP within the same classification/group with the least amount of seniority is required to transfer.

15.3.5 In determining unit loss, the length of the ESP work year will not be a factor in identifying the person to be transferred.

15.3.6 The seniority of an ESP who is on leave and has a vested interest in the position will be used to determine the unit to transfer. Only ESP employees who have achieved permanent (non-temporary) status will be eligible for pool placement.

15.3.7 The Division of Human Resources will notify, through the school Administration, ESP employees who are subject to transfer due to unit loss.

15.3.8 At unit allocation time, the Division of Human Resources shall determine a freeze period for hiring prior to the placement process of pool personnel due to unit loss. No permanent new hires may occur during the freeze period. Transfers of permanent ESP employees, after spring allocations, within their own classification/group or to a classification/group with no unit loss shall continue until two weeks after notification to school sites by Division of Human Resources of new unit allocations and updated vacancy lists. Transfers shall then be frozen also until all pool placement needs have been met.

15.3.9 ESP employees who are designated to be placed in the pool due to unit loss will be eligible for transfer as all other ESP employees. If these ESP employees do not transfer, they shall be notified by the Division of Human Resources of the date, time, and location of the pool placement meeting. The spring pool placement meetings shall normally be held during the traditional post-planning days. The Association and the Division of Human Resources shall discuss and agree upon all extraordinary scheduling of all pool placement meetings.

15.3.10 The ESP employees in the various classification/group pools will be listed according to their seniority. Copies of the seniority and vacancy lists for the various ESP pools shall be available for ESP employees and the Association by 2:00 p.m. of the last working day before the day the pool meetings are to be held.

15.3.11 At each placement meeting, vacancies will be given to each ESP who is required to transfer. The ESP with the most seniority will be given his/her choice of vacancies. Using seniority, ESP employees will be given a choice until all are placed or until all vacancies are filled. ESP employees shall be assisted at their new sites in making a smooth transition into their new positions.

15.3.12 When there are more ESP employees in the pool than vacancies, the ESP with the most seniority, after being advised of all known consequences associated with passing in pool placement, will be given the right of refusal of each vacancy occurring until he/she is placed. The ESP in the pool with the least seniority will be assigned to any vacancy occurring if all ESP employees with more seniority have refused the position. ESP employees not assigned will remain in the pool under specified contractual conditions.

15.3.13 One-half day ESP employees shall be entitled to select from any full day openings on a seniority basis.

15.3.14 The Division of Human Resources will work with ESP employees who were unable to be placed in their specific classification/group to find the best assignment possible for the welfare of the ESP and the School System. In cases where a unit is surplus but no lay off is declared, the ESP shall be retained as surplus in their present position for a maximum of one year or until a transfer is available. If the ESP is transferred to a position with a lower pay grade, the ESP shall not have a reduction in their current pay rate for a period of one year from the time they were declared surplus and shall remain in their specific pool for available vacancies for one full year. Assignment options offered that are at the same salary rate or greater are considered finalized unit loss assignments if the ESP is placed in such an assignment. If a lay off is declared necessary, procedures in Section 16 shall be implemented.

15.3.15 The Association and the Division of Human Resources shall discuss all extraordinary pool placement assignment procedures and/or situations before pool placement occurs.

15.3.16 Any Secretary I who is promoted to Secretary II as a result of high enrollment only shall be considered to be in a Secretary I position in the event of unit loss, unless the employee chooses to be placed in the Secretary II unit loss pool.

15.4 New School and Consolidation Transfers

15.4.1 The seniority and unit loss policy will be used when boundary changes are made in making mandatory new school transfers and consolidation transfers to the schools involved.

15.5 Family Transfer

15.5.1 No ESP shall be appointed or reappointed to a work site in which his/her father, mother, brother, sister, husband, wife, son, daughter, or in-law is employed as an administrator or in a position that directly supervises the family member. An ESP and an administrator marrying during the school year shall be allowed to finish that year at the same work location. It shall be the duty of the principal/supervisor and the Division of Human Resources to enforce the policy and to arrange for required transfers if the year ends without voluntary transfer occurring. Voluntary transfers will be encouraged prior to year ending.

15.6 Modified School Calendar Transfer

15.6.1 ESP employees shall be notified of implementation of a Modified School Calendar at their school for the following year normally by March 1 of the current year. If the employee does not desire to be assigned to a school on a Modified School Calendar, that employee shall notify the principal in writing normally by April 1 that a transfer is requested. If the employee is unable to secure a transfer during the transfer period held after spring unit allocations, then the employee shall be placed by seniority in the spring placement pool for assignment for the following school year. This guaranteed administrative placement out of a Modified School Calendar school shall only occur once a year during spring placement procedures. Transfers at other times of the year will be handled through the normal process.

If by action of the School Board the deadline dates designated above cannot be met, then the Association and the Division of Human Resources shall discuss and agree on the impact and relative action to be taken as a result of the School Board's decision.