Subject to the approval of the Governing Board, the Superintendent or designee may transfer a teacher from one district school to another when he/she determines the transfer is in the best interest of the district. (Education Code 35035)
(cf. 4030 - Nondiscrimination in Employment)
(cf. 4113 - Assignment)
Such transfers shall be determined in accordance with the district's collective bargaining agreement with certificated employees.
(cf. 4141/4241- Collective Bargaining Agreement)
Voluntary Transfers
The Superintendent or designee may establish processes and deadlines for the submission of transfer requests to facilitate staff assignments with minimal disruption to the educational program.
Upon receipt of a written transfer request by a teacher, the Superintendent or designee may consider the input of the principals at the current school and the requested school, alignment of the teacher's qualifications with needs of the school(s), and opportunities for the professional growth of the teacher.
(cf. 4112.2 - Certification)
(cf. 4112.22 - Staff Teaching Students of Limited English Proficiency)
(cf. 4112.23 - Special Education Staff)
(cf. 4112.24 - Teacher Qualifications Under the No Child Left Behind Act)
However, if the principal of a school ranked in deciles 1-3 on the Academic Performance Index refuses to accept a transfer request, the Superintendent or designee shall not transfer the teacher. (Education Code 35036)
(cf. 0500 - Accountability)
(cf. 0520.2 - Title I Program Improvement Schools)
(cf. 0520.4 - Quality Education Investment Schools)
After April 15 prior to the school year that a transfer would become effective, no teacher who requests to be transferred to another school shall have priority over other qualified teachers who have applied for positions requiring certification qualifications at that school. (Education Code 35036)
Involuntary Transfers
Involuntary transfers may become necessary when programs are reduced or cancelled, when schools are closed, or when otherwise required in order to accommodate the school's staffing needs.
(cf. 4117.3 - Personnel Reduction)
If a teacher objects to a transfer, he/she may request a meeting with the Superintendent or designee and the principal. If dissatisfied with the results of this meeting, the teacher may appeal to the Board. The Board's decision shall be final.
Legal Reference:
EDUCATION CODE
35035 Additional powers and duties of superintendent, transfer authority
35036 Voluntary transfers
35186 Complaint process, teacher vacancy or misassignment
37616 Assignment of teachers to year-round schools
44395-44398 Incentives for assigning NBPTS-certified teachers to high-priority schools
GOVERNMENT CODE
3543.2 Scope of representation
Policy SANTA CLARA UNIFIED SCHOOL DISTRICT
adopted: August 22, 2013 Santa Clara, California