Administrative Procedures

Teacher Transfers

Personnel & Employment AP 474

Background

Teacher initiated transfers are dealt with through an open competition process. As teacher staffing is site based, all teaching staff who are interested in changing school sites must apply to job postings at a school of their choice.

Superintendent initiated transfers of teachers to other sites may be necessary and are permitted as per the Education Act, section 212.

The following procedures shall apply to Superintendent initiated transfers.

Procedures

1. In accordance with the Education Act, section 212(1): “A Superintendent may, at any time during a school year, transfer a teacher from one school operated by the board to another of its schools.”

2. Superintendent initiated transfers may occur at the request of a Principal in instances where:

2.1.  There is a surplus of certificated staff on continuous contract;

2.2.  The Principal deems it would be in the best professional interest of a teacher to have an opportunity at a different school; or

2.3.  The program needs of students at the school cannot be accommodated/achieved with existing staff members.

3. The Superintendent may transfer a teacher in the best professional interest of the teacher or in the consideration of the program needs of students.

4. The Superintendent may establish a process for a teacher to self-elect availability for transfer and/or to request a transfer to a school or site.

5. The Superintendent may request that the Principal gather and collate relevant information and forward written recommendations to the Superintendent or designate with respect to the transfer of a specific teacher.

5.1. The Principal shall meet with the teacher to discuss the circumstances and inform the teacher that a recommendation or request has been made to the Superintendent or designate for a transfer.

5.2. The Superintendent or designate shall review all relevant information pertaining to the recommendation and request, in consultation with the Principal and the teacher, and then determine if there is a reasonable need and opportunity to transfer the identified teacher elsewhere in the Division.

6. The Superintendent or designate may consider relevant factors when considering the reasonableness of a transfer request; including, but not limited to, the following factors and in any order of priority:

6.1.  Type of continuing contract, i.e. full time or part time;

6.2.  Program requirements of the school and education needs of the students;

6.3.  Specialized training required for available positions;

6.4.  Specialized skills/training of the teacher; and

6.5.  Seniority.

7. The Superintendent or designate shall consult with the Principal and the teacher about any transfer and, if a consensus cannot be reached, the final decision to transfer a teacher to another school shall rest with the Superintendent.

8. Unless other timelines are mutually agreed upon, the Superintendent or designate shall consult with the staff being considered for transfer and follow the established processes in accordance with the Education Act (s. 212) and the Collective Agreement (cl. 17.1).

9. A teacher wishing to appeal a transfer may do so by following the procedures outlined in Board Policy 14 – Hearings on Teacher Matters.

 

Approved:

signature

Date Approved: April 29, 2020

Reference: Education Act: 119, 197, 212, 217, 222
Collective Agreement

Reviewed or Revised:
Executive: January, 2021

References shall be updated as required and do not require additional approval.