Q&A on ‘open market’ transfer plan

Apr 24, 2008 4:09 PM

Q: Can I transfer using the Open Market Transfer Plan if I have received a U-Rating?

A: Yes.

Q: Are there any limits to the number of people who can transfer out of a particular school?

A: No.

Q: Can I still apply for a hardship transfer that relates to an issue of safety, medical need or excessive travel?

A: Yes. This must be done in writing. Applications, which can be downloaded from the DOE’s Division of Human Resources Web site (scroll down under Medical), should be sent to:

The Division of Human Resources
NYC Department of Education
65 Court St. - Room 811
Brooklyn, NY 11201

Q: Is my salary something that a school’s Human Resources Committee and/or principal should consider when evaluating my candidacy for a vacant position?

A: We believe hiring decisions should be made based on the qualifications of the applicant. Schools are budgeted for the average teacher salary for the school and are being held harmless for the actual salaries of their staff for the school years 2007-08 and 2008-09, so there should be no incentive to hire less experienced (“cheaper”) teachers.

Q: What can I do if I believe I was denied a transfer based on my age, race, creed, color, national origin, sex, marital status, sexual orientation, handicapping condition or union activity?

A: You should consider filing a grievance citing a violation of Article Two (“Fair Practices”) of the Agreement.

Q: How will hiring be done at new, redesigned and phasing out schools?

A: This hasn’t changed. Hiring will still be done by a Personnel Committee made up of two union representatives, two representatives designated by the superintendent, a principal or project director and, where appropriate, a School Planning Committee representative and a parent.

Q: What happens if a brand-new school is being opened in my building and as a result my school is being closed?

A: If another school is impacted (i.e., being closed or phased out), the staff from the impacted school is still guaranteed the right to apply and be considered for positions in the new school. If sufficient numbers of displaced staff apply, at least 50 percent of the new school’s pedagogical positions must be selected from among the appropriately licensed most senior applicants from the impacted school who meet the new school’s qualifications.

Q: What if there are still vacancies to be filled?

A: Any remaining vacancies are to be filled by the Personnel Committee from among transfer applicants, excessed staff and/or new hires. Candidates must hold appropriate credentials.

Q: What happens to me if I’m in an impacted school and I either don’t apply or apply and am not selected to fill a vacancy in the new, redesigned or expanding school in my building?

A: In such an instance if you are notified that you are in excess you are covered by contractual excessing provisions. Whether you are in excess (serving as an ATR) or in a full-time teaching assignment, your salary, benefits and job are guaranteed.

Q: If I’m in a phasing out or closing school and am told I’m being excessed, do I have the right to designate five schools in my district/superintendency that I want to be excessed to?

A: No. You have the same rights accorded to any excessed person. You have the right to seek vacancies anywhere in the city via the open market transfer system.

Q: What are the contractual excessing provisions?

A: The contract requires that by June 15 or as soon thereafter as possible, principals must notify staff that they are at risk of being excessed. Excessed teachers may apply for vacancies citywide online or at hiring fairs. Teachers who are unable to secure their own position, or who choose not to, may be placed by the DOE in a vacancy in their district/superintendency or, if none is available, in their region — unless the receiving principal denies the placement. The DOE will place excessed teachers who do not secure a transfer or a DOE-directed placement in an ATR position in the school from which they are being excessed or in another school in the same district or superintendency. You have job security as an ATR, as a result of the 2005 contract. You cannot be laid off.

Q: If I’m excessed and I get a transfer through the open market transfer plan do I still have the right of return if a vacancy occurs in my former school within a year of the date I was excessed?

A: The union’s position is that the right of return still exists and if necessary we’ll fight to see that members retain this right.

Q: Where can I get help if I’ve been repeatedly unsuccessful in obtaining a transfer or a regular teaching position after being excessed?

A: Upon request you’ll be able to receive individualized assistance from the DOE’s Division of Human Resources and/or the UFT’s Peer Intervention Program on how to maximize your chances of success in being selected for a transfer.