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Article 13 - Assignments, Schedules and Transfer
13-1 General Principals. Teacher assignments, schedules and transfers will be made in the best interest of the educational program for the students and consistent with teacher preparation, certification, licensure and experience. Every effort will be made to identify the District educational strategies, programs and leadership in a timely manner to maximize site-based planning, teacher selection, assignments and transfers.
13-2 Qualifications/Eligibility In order to be considered for a position, a teacher must meet accreditation standards of the Colorado Department of Education and the North Central Association, where applicable, and must meet all posted requirements for the position including the requirements set forth by the No Child Left Behind Act.
13-3 Teachers shall be notified of their tentative program, schedule, or grade level assignment for the ensuing semester or year as applicable, as soon as possible following preparation of the master schedule. In addition, they will be notified of changes in their tentative program, schedule, or grade level assignment, if any.
13-4 Teacher scheduling shall be made without regard to race, creed, color, sexual orientation, national origin, gender, marital status, age, and consistent with the provisions of the Americans with Disabilities Act, membership in any teacher organization or such other specified human or civil rights as may be protected by statute.
13-5 School schedules for each teacher normally will include a variety of assignments. The District and the Association recognize that students who are not achieving to the level of ability need the expertise of experienced teachers as much as do students with high achievement levels.
13-6 Once a remediation plan is implemented, the teacher may be transferred only with written consent of the evaluator, the teacher, and the principal of the school to which transfer is sought.
13-7 Timelines
The Human Resources Department shall determine the start date of teacher transfer as early as practicable after schools have submitted their staffing vacancies and needs. The timeline for the key dates and activities listed below will be communicated to the Association no later than January 31. The district may post limited vacancies (typically in shortage areas) prior to the start date of teacher transfer. Unless there is a fiscal or enrollment exigency, the key dates and activities cited below will be completed by the end of the traditional calendar year.
Key dates and activities:
- Teachers verify consideration group (Reference Article 13-10)
- District notifies the Association of shortage areas, with an opportunity for discussion with the District.
- Teacher Requests for Intent to Vacate, Early Retirement Incentive, Move to Part-Time/Job Share, Extended Leave of Absence, and Return from Leave notice submitted. (Reference Articles 13-10, 22, 25, 31-14; Appendix B)
- Recommendation for Administrative Transfer; Superintendent Approval of Administrative Transfer (Reference Article 13-9-1)
- Recommendation for Non Renewal of Probationary teachers
- In Building Bidding and Reduction in Building Staff interviews conducted by Personnel Committees (Reference Articles 13-10, 13-15)
- Schools report vacancies (Reference Article 13-16) Vacancies are posted.
- Teachers apply to transfer for vacancies. (Reference Article 13-17)
- Schools review qualified applicants’ applications and resumes, schedule interviews, extend offers. Schools notify unsuccessful transfer applicants (Reference Articles 13-18, 13-19)
- Assignment of unassigned non probationary teachers (Reference Article 13-18-4)
- End of internal teacher transfer determined by Human Resources, normally prior to last day of traditional school year
- End of internal posting cycle
- End of internal/external posting cycle
13-8 Personnel Committee
13-8-1 Each school shall establish a Personnel Committee to select candidates for vacancies and reduction in building (RIBS) staff at the school building.
13-8-2 The Personnel Committee will be composed of the principal, and three (3) teachers chosen by a vote of the faculty and may have no more than two (2) parent(s) as member(s) appointed by the Collaborative school committee.
13-8-3 Teacher members will be chosen by the faculty. The Personnel Committee may have one (1) or more of the teacher assignments filled, on a rotating basis, by (a) teacher(s) in the grade, team or department in which the vacancy exists. The Personnel Committee will determine whether more than one (1) Personnel Committee is necessary to meet the needs of the school.
13-8-4 The Personnel Committee will make decisions by consensus. If the Personnel Committee is unable to reach a decision by consensus, the principal shall make an impasse decision.
13-8-4-1 A consensus decision is either unanimous or a majority decision that the entire Committee (including the dissenters) will support.
13-8-4-2 The District in collaboration with the Association will establish and provide resources for training and effective functioning of the Personnel Committee.
13-8-5 The decision or results of the Personnel Committee shall not be grievable. The failure to comply with the procedure contained in this Article is subject to grievance.
13-8-6 In determining the most suitable candidate for a vacant position or reducing a member of the staff, the Personnel Committee shall consider the following criteria:
- instructional practices
- classroom management
- appropriateness of academic preparation
- teaching experience in the subject areas of the assignment and/or grade level
- participation in school activities beyond the classroom
- appraisals and relevant information in the central personnel file
- other criteria specific to the position as stated in the job posting
- building level interview
- references
13-8-7 The Personnel Committee shall operate during the school year. During the assignment of unassigned non-probationary teachers between the internal and internal/external posting cycles, the principal will communicate with the Personnel Committee without the necessity of an interview process. Outside of the school year the principal may fill positions without the requirement of consultation with the Personnel Committee.
13-8-8 Any alleged abuses of principal authority in the Personnel Committee process, shall be reported to the Association or Area Superintendent or designee. The Association and Area Superintendent or designee will review and address these allegations.
INVOLUNTARY TRANSFERS
13-9 Transfer
A teacher may be transferred by the Superintendent from one school, position, or grade level to another within the District, if such transfer does not result in the assignment of the teacher to a position of employment for which he/she is not qualified by virtue of academic preparation and certification. There shall be no discrimination shown toward any teacher in the assignment or transfer of that teacher to a school, position or grade because of sex, race, creed, color, or membership or non-membership in any group or organization.
13-9-1 Principal Recommended
Principals may recommend to the Superintendent or designee the administrative transfer of teachers. If a principal is considering recommending a teacher for administrative transfer, the principal shall provide a written notice including the specific reasons to the teacher and to the Area/Assistant Superintendent. In the interest of problem solving, once the written notice has been given, a meeting shall be held with the Area/Assistant Superintendent, principal and teacher to discuss the reasons for the transfer. The teacher is entitled to representation from the Association at this meeting. After review, the Area/Assistant Superintendent may only recommend an administrative transfer for good and sufficient reason for final action to the Superintendent.
13-9-1-1 General examples of good and sufficient reasons for an administrative transfer include, but are not limited to, failure to support the educational philosophy of the school and or not being a “good educational fit” within the school. These specific reasons must be explained in writing describing the teacher’s behavior(s) that inhibit the educational mission of the school.
13-9-1-2 Good and sufficient reasons for an administrative transfer does not include transfer for corrective action or discipline, transfer due to classroom performance evaluation or transfer in retaliation for reasonable performance of activities covered by this contract or by law.
13-9-2 Relocation
When a school program is relocated from one (1) site to another, currently assigned teachers with continuing contracts will maintain their assignment pursuant to the provisions of Article 13.
13-9-3 Changes in Program
The provisions of Article 13, which allow for the administrative transfer of staff due to a change in program, adopted by the Collaborative School Committee and affirmed by the Superintendent, will be appropriately followed.
13-9-4 Opening or Redesign of a School
When a new school is opened or redesigned, the principal shall make hiring decisions until the new Personnel Committee becomes operational. The principal will follow the processes and standards set out in this Article.
13-9-5 School Relocation
If a school is relocated leaving few, if any, teachers assigned, teachers who remain assigned will not have to interview for their respective positions.
13-10 Reduction in Building Staff (RIBS)
13-10-1 The Collaborative School Committee will charge the Personnel Committee with the task of conducting a reduction in building staff upon receipt of information that reduced the number of teaching assignments at a school, or when a Collaborative School Committee decides fewer teaching assignments are needed in a department, grade level or ELA/specialty area.
13-10-2 Following a determination of staffing needs including all attrition (resignations, retirements, administrative transfers, teacher declaration of vacancies, and annual assignments) and declaration of consideration group, the Personnel Committee shall establish the group of teachers to be considered for reduction. The determination of staffing needs should include identification of all teachers who would volunteer to vacate a position.
13-10-3 The consideration group may be a grade level, department or specialty area. The consideration group shall be defined as narrowly as possible based on program needs. The Personnel Committee shall notify the affected consideration group as soon as possible. Teachers will not be required to re-interview for their positions if they are not in an affected consideration group.
13-10-3-1 For the purpose of establishing consideration groups, teachers serving in more than one department, grade level or ELA/specialty area shall annually declare the department, grade level or ELA/specialty area in which they choose to be considered no later than the completion of the third week of school.
13-10-3-2 Each teacher may reside in only one consideration group.
13-10-3-3 Excluding job share teachers, contract teachers who are assigned to a school, less than full-time, shall be accorded the same transfer rights as other teachers in the consideration group.
13-10-4 Teachers on approved leaves where their positions are being held in accordance with Appendix B shall be considered equally for the purpose of reduction.
13-10-5 The Personnel Committee shall establish and make available to all faculty members a written procedure that will be followed when determining the teacher(s) to be reduced from a building. In developing the procedures for reduction in building staff, the Personnel Committee shall include the following:
- teachers in the consideration group may choose to vacate an assignment;
- teachers in the consideration group should be allowed to interview for any vacancy in the school that is posted through the in-building bidding process;
- all members of the consideration group must be interviewed by the Personnel Committee.
13-10-6 The Personnel Committee shall attempt to reach consensus on the candidate most suitable to be reduced. If the Personnel Committee is unable to reach consensus, the principal will decide which candidate will be reduced.
13-10-7 Any teacher transferred during the school year by the District may be provided with up to two (2) days of non-pupil contact planning time in order to permit the transferred teacher to make an orderly transition between the two (2) assignments.
13-10-8 Teachers who are involuntarily transferred are expected to actively participate in the teacher staffing process. The District may pursue consequences for teachers who are directly placed for three consecutive years who have not actively participated in the teaching staffing process.
13-10-9 Leaves/Job Share/Retirement
See related Articles 22, 25 and 31-14.
13-11 School Redesign and Restructuring
The parties affirm that the action to redesign a school is due to structure and design reasons and is not a reflection on individual teacher competency. The Association and the District enter into this Agreement to assure that a known and fair process is followed in the treatment of personnel in a school that has been designated for redesign, restructure or closure. By definition, the redesign or restructure of a school shall refer to the Superintendent's decision pursuant to Article 5.
13-11-1 The parties agree the treatment of personnel at schools impacted by redesign or restructure to be as follows:
- The District will designate a principal who will begin the teacher selection process immediately. Among the criteria that will be considered in hiring decisions will be familiarity with the school, students, parents and community.
- All teachers who have continuing assignments at the school will have an opportunity to interview for vacant positions with the principal until a new Personnel Committee is elected.
- Teachers who are not selected through this process defined in #2 may apply for and be interviewed for positions on the District-wide postings.
- Teachers who choose to leave the redesigned school, or who interview at the school but are not selected, will be guaranteed at least two (2) interviews for other vacancies on the District-wide postings.
- The District and the Association will monitor this process to ensure adherence to this procedure.
- The District may require additional work outside the normal school day, time beyond the adopted school year, or activities attributable to the design of the new teaching and learning structure and programs at the school. Compensation for such time will be in accordance with the applicable provisions of this Agreement.
13-11-2 The parties agree that the treatment of personnel impacted by closure to be as follows:
- Teachers will have an early opportunity to interview for vacancies at schools where students have been reassigned due to closure.
- Teachers will be guaranteed at least two (2) interviews for other vacancies on the District-wide postings.
VOLUNTARY TRANSFERS
13-12 Specialized Services
Specialized service personnel, including nurses, social workers, psychologists, speech correctionist/therapists, and any other specialty group, shall be transferred according to a written procedure made available to all affected employees. Specialized service personnel shall meet annually with their supervisor to discuss and make revisions to written reassignment procedures. If a specialized service provider is not assigned by the end of the traditional school year, Human Resources or designee will notify the teacher by the last day of the school year to discuss the status of the teacher’s assignment.
13-13 Intent to Vacate
A notice to vacate a position may only be requested by a non-probationary teacher. A notice to vacate results in a teacher relinquishing her/his current assignment at the building. Teachers who vacate must actively participate in the teacher staffing process.
13-14 Probationary Teachers
A probationary teacher in good standing may choose to transfer only once during his/her probationary period upon mutual agreement between the probationary teacher and the site administrator unless otherwise noted in Article 13-9.
13-15 In-Building Bidding
13-15-1 The Department Chairs at the secondary level and grade level Chairs at the elementary level, in collaboration with the principal will establish procedures whereby teachers may indicate assignment preferences. All such procedures shall emphasize the needs of students as the primary consideration for assignment. Teacher preferences may be established at grade level meetings, departmental meetings, or team meetings, as appropriate.
13-15-2 In accordance with Article 13-8, the Personnel Committee shall determine whether any vacant positions will first be posted in that school before they are posted District-wide. Based on this decision, members of a school faculty who are qualified and have a continuing contract shall be able to apply for all such vacancies that may occur in that school prior to its being posted District-wide.
13-15-3 In determining if current faculty is allowed to bid on a vacancy prior to its being posted District-wide, the Personnel Committee will:
- identify its staffing needs, including the identification of all teachers who will vacate their positions;
- determine assignments open for in-building bidding and announce them to the faculty;
- determine and announce procedures for in-building bidding;
- allow eligible faculty members interviews by the Personnel Committee
13-15-4 Teachers who agree to fill a different position within the same school for the next school year, through the in-building bidding procedure, forfeit their right to bid for and be assigned to a position listed on the vacancy list.
13-16 Posting Vacancies
13-16-1 The principal shall be responsible for notifying the Department of Human Resources of vacancies that are open at their school as soon as they are known.
13-16-2 Each vacancy shall be posted on the Denver Public Schools website.
13-16-3 The Personnel Committee shall write basic postings and detailed job descriptions for all vacancies that occur at their school.
13-16-4 The Personnel Committee shall write interview questions based on the posting.
13-16-5 Postings shall include a brief description of all involved responsibilities, and special and unique qualifications.
13-16-6 Vacancies that are not posted during teacher transfer cycles shall be filled by the Department of Human Resources and the principal at the school on an annual assignment basis. Un-posted vacancies will be posted subject to the provisions of Article 13.
13-16-7 Vacancies for Teacher on Special Assignment (TOSA) shall be posted when they become available.
13-16-8 Teachers with continuing contracts and teachers new to the district with Board-approved contracts for identified shortage areas shall be eligible to bid on all posted vacancies for which they are qualified. If positions from the first internal posting cycle are not filled, teachers with continuing contracts and out of District applicants shall be eligible to bid on subsequent posted vacancies in the internal/external posting cycle for which qualified.
13-16-9 Teachers who successfully bid on a position in the first internal posting cycle are ineligible to bid on subsequent positions posted during the same calendar year.
13-17 Applications
13-17-1 Teachers applying for a vacancy in other schools must complete the appropriate application forms and notify their principal at the time of application.
13-17-2 Applications for vacancies may be submitted by any currently qualified candidate. The Department of Human Resources shall screen all applications to ensure compliance with the state law and District requirements.. The applications of all qualified candidates for a vacancy will be forwarded to the school. Teacher applicants shall be responsible for sending their resumes to the schools where they have applied.
13-18 Selection Procedure
13-18-1 The Personnel Committee shall review all applications forwarded from the Department of Human Resources and determine how many and which applicants will be interviewed. When there are two or more applicants for a position, the Personnel Committee shall interview a minimum of two candidates.
13-18-2 Interviews shall be completed and a decision made no later than thirty (30) days after the vacancy is posted.
13-18-2-1 A transfer applicant who is interviewed by the Personnel Committee shall be notified by the Personnel Committee, principal or designee in a timely manner regarding the status of the position.
13-18-3 The Department of Human Resources will be notified no later than thirty (30) days after the vacancy is posted if no candidate is selected. The Association will receive this information upon request.
13-18-4 To the extent possible, all non-probationary teachers who have not acquired a position at the end of the first internal posting will be assigned prior to the completion of the internal/external posting process. These individuals will have access to vacancies not filled in the internal posting and new vacancies created by the movement of personnel during the internal posting cycle. If it is not possible to assign a teacher prior to the end of the traditional school year, Human Resources or a designee will notify the impacted teacher by the last day of school of the status of the teacher’s assignment. Positions which remain unfilled, will be filled by the Department of Human Resources.
13-18-5 A list of probationary teachers “in good standing” will be retained and utilized for consideration in current/future openings The list will be forwarded to schools for their consideration prior to the start of interviews in the internal/external posting cycle.
13-18-5-1 The term “in good standing” will mean a probationary teacher who has not been recommended for non-renewal due to classroom performance concerns and/or non completion of district job requirements.
13-19 Assignments/Placements
13-19-1 Teachers assigned to a vacant position will not be eligible to apply for subsequent vacancies during the current school year.
13-19-2 Teachers accepted to fill vacancies will remain in their current assignment until the end of the school year, except as determined by the Department of Human Resources.
13-19-3 Teachers who do not have an assignment for the next school year should, whenever possible, forward a copy of their resume to the Department of Human Resources to aid in proper placement of the teacher.
13-19-4 When there are no assignments for which an unassigned non-probationary teacher is qualified under the No Child Left Behind Act, the Department of Human Resources may assign a teacher to a position for which they are not highly qualified.
13-19-5 The Department of Human Resources or designee will notify unassigned teachers when an appropriate assignment has been confirmed, and will provide basic details of the assignment. The teacher should contact the school for further details about the assignment in a timely manner.
13-19-5-1 A temporary or annual assignment is for a specified period of time, subject to the provisions of Article 13.
13-19-5-2 A continuing assignment continues from year to year, subject to the provisions of Article 13.
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