Springboro Board of Education – Article IX - Vacancies, Assignments and Transfers
9.01 Vacancy Announcements
(a) A "vacancy" shall be defined as an "open position" within the bargaining unit covered by this AGREEMENT that the Administration determines to fill; provided, however, a vacancy shall not be deemed to exist for purposes of the procedures set forth in this Article if:
if there is an employee in the bargaining unit on suspended contract with recall rights to the open position; or
(2) the Superintendent, in the exercise of his/her prerogative, fills the open position by involuntary transfer.
(b) Before filling a vacant position in the bargaining unit with an employee new to the district, the Superintendent shall notify present employees and the ASSOCIATION of the availability of the vacant position.
(c) During the school year, vacancy announcements to employees and the ASSOCIATION shall be by posting "Notices of Vacancy" in the school office in each building, with a copy to the ASSOCIATION President. During the summer months, notices shall be posted in the Central Office with a copy sent to the ASSOCIATION President. "Notices of Vacancy" shall include information regarding the building(s), grade level and certification required for the vacant position; the general duties and performance expectations/essential functions of the position, preferred job qualifications, if any, for the position and conditions of employment; and the internal application deadline and procedure for application.
(d) Present employees who are qualified by certificate for the position and who notify the Superintendent of their interest in the position will be considered for the position before individuals not in the employ of the BOARD are hired. if the applicant selected is a current employee, the Superintendent may determine to fill the vacancy with the employee during the school year or at the start of the next school year. If the determination is to wait until the start of the next school year to till the vacancy with a current employee, the vacancy may be filled on a temporary basis by another employee or a substitute for the remainder of the current school year. lf the applicant selected is not a current employee, the vacancy may be filled by a new employee hired during the school year or by a substitute until the new employee is available.
(e) The Superintendent shall consider such factors as the professional background of the applicants, their seniority in the District (See Article XII, Section 12.01, Seniority Definition), their work performance and their experience elsewhere. The filling of each position shall be governed by the principle of selecting the best person for the position, as determined solely by the Superintendent.
(f) Except for an open position filed by involuntary transfer, applicants for other vacant positions will be considered in the following order:
(1) applicants seeking reassignment;
(2) displaced employees seeking voluntary transfer;
(3) employees seeking voluntary transfer; then
(4) others seeking employment with the District.
(g) For purposes of this section, the following definitions shall be:
(1) Reassignment: A change of subject or grade level assignment within the building.
(2) Transfer: A change of subject or grade level assignment from one building to another.
(3) Displaced Employee: An employee who is not assigned to the same teaching position and who is without an assignment.
9.02 Voluntary Transfer
(a) Employees under contract and recommended for renewal in April will be considered for a reassignment or voluntary transfer, provided the employee does one of the following:
(1) prior to the end of the school year the employee provides written notice to the Superintendent of his/her interest in an open vacancy. Said notice shall specify in order of preference, where applicable, the building or buildings desired, grade level desired, and/or subject area desired; or
(2) within seven (7) calendar days of the posting of a vacancy, the employee provides written notice to the Superintendent of his/her interest in the position.
(b) All employees who apply and who are qualified for new or vacant positions will be considered for such positions. Employees who apply for new or vacant positions, but are not selected for said positions may request a conference with the Superintendent to discuss why the reassignment or voluntary transfer was not granted. The employee may have an ASSOCIATION representative of his/her choice at such a conference. Additionally, the employee may request written reasons why the reassignment or voluntary transfer was not granted.
(c) For purposes of 9.01 (d), 9.02(a) and 9.02(b), “considered” means that an employee will be interviewed by a building principal/administrator the first time the employee applies for any position in that building principal/administrator's building. The building principal/administrator does not have to interview the employee again if the employee applies for that position again or for any other position in the building principal administrators building.
9.03 Involuntary Transfer
(a) An involuntary transfer is one which is initiated by the Administration for any reason which the Superintendent, in the exercise of his discretion, deems to be in the best interest of the School District.
(b) Prior to an involuntary transfer, the employee will meet with the Superintendent and be provided the reason for the transfer. The employee may have an ASSOCIATION representative of his/her choice at said conference.
(c) No employee shall be involuntarily transferred in an arbitrary or capricious manner.
9.04 Board Policy Regarding Supervision of Relative/Spouse
(a) The ASSOCIATION accepts the policy of the BOARD which prohibits any Administrator/supervisor from directly supervising any relative or spouse of such Administrator/supervisor. In the event such conditions should commence, the employee being supervised by his/her relative may be involuntarily transferred by the Superintendent.
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