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September 7, 2008  

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ARTICLE EIGHTEEN

TRANSFERS AND STAFFING

The Board and the Union recognize the need to maintain both staff stability and an equitable balance of experienced and inexperienced teachers in the schools.  To meet this need, and to provide opportunities within this framework for teachers to transfer from one school to another, the Board and the Union agree that transfers shall be based upon the following principles:

A.  General Transfers

      Effective school year 2005-2006, principals will advertise all vacancies.  Interviews will be conducted by school-based human resources committees (made up of pedagogues and administration) with the final decision to be made by the principal.  Vacancies are defined as positions to which no teacher has been appointed, except where a non-appointed teacher is filling in for an appointed teacher on leave. Vacancies will be posted as early as April 15 of each year and will continue being posted throughout the spring and summer.  Candidates (teachers wishing to transfer and excessed teachers) will apply to specifically posted vacancies and will be considered, for example, through job fairs and/or individual application to the school. Candidates may also apply to schools that have not advertised vacancies in their license areas so that their applications are on file at the school should a vacancy arise.

      Selections for candidates may be made at any time; however, transfers after August 7th require the release of the teacher’s current principal.  Teachers who have repeatedly been unsuccessful in obtaining transfers or obtaining regular teaching positions after being excessed, will, upon request, receive individualized assistance from the Division of Human Resources and/or the Peer Intervention Program on how to maximize their chances of success in being selected for a transfer.

B.  Hardship Transfers

      In addition to the vacancies available for transfer pursuant to Section A of this Article, transfers on grounds of hardship shall be allowed in accordance with the following:

      Transfers of teachers after three years of service on regular appointment may be made on grounds of hardship on the basis of the circumstances of each particular case, except that travel time by public transportation of more than one hour and thirty minutes each way between a teacher’s home (or City line in the case of a teacher residing outside the City) and school shall be deemed to constitute a “hardship’’ entitling the applicant to a transfer to a school to be designated by the Division of Human Resources which shall be within one hour and thirty minutes travel time by public transportation from the teacher’s home, or City line in the case of a teacher residing outside the City.

C.  Voluntary Teacher Exchange

      The Chancellor shall issue a memorandum promoting the exchange of new ideas and methodology and encouraging teachers to share their special skills with students and colleagues in other schools.  To facilitate achievement of this goal, the Board and the Union agree to allow teachers to exchange positions for a one year period provided that the principals of both schools agree to the exchange.  The exchange may be renewed for an additional one year period.  For all purposes other than payroll distribution, the teachers will remain on the organizations of their home schools.

D.  Staffing New or Redesigned Schools

      The following applies to staffing of new or redesigned schools (“Schools”)

      1. A Personnel Committee shall be established, consisting of two Union representatives designated by the UFT President, two representatives designated by the community superintendent for community school district schools or by the Chancellor for schools/programs under his/her jurisdiction, a Principal/or Project Director, and where appropriate a School Planning Committee Representative and a parent.

      2. For its first year of operation the School’s staff shall be selected by the Personnel Committee which should, to the extent possible, make its decisions in a consensual manner.

      3. If another school(s) is impacted (i.e., closed or phased out), staff from the impacted school(s) will be guaranteed the right to apply and be considered for positions in the School.  If sufficient numbers of displaced staff apply, at least fifty percent of the School’s pedagogical positions shall be selected from among the appropriately licensed most senior applicants from the impacted school(s), who meet the School’s qualifications.

      4. Any remaining vacancies will be filled by the Personnel Committee from among transferees, excessees, and/or new hires.  In performing its responsibilities, the Personnel Committee shall adhere to all relevant legal and contractual requirements including the hiring of personnel holding the appropriate credentials.

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