ARTICLE VI: VACANCY, HIRING AND TRANSFER

SECTION A: Three Phase Hiring Process:

Phases I and II in the Memorandum of Understanding (MOU) entitled Three-Phase Hiring Process (located in the MOU section) shall supersede Section B: General Description and Sections VI. D, VI.E.4 a and b, VI.E.5.a and b, and VI.E.6.c below for the 2005-06 and 2006-07 school years. After that time, if the parties do not renegotiate the terms of the MOU, the terms of Article VI will be effective.

SECTION B: General Description of the Vacancy, Hiring and Transfer Processes

Section VI.B is a general explanation and, as such, is not grievable. The following description applies both to the Spring Staffing Process for vacancies that occur for the following school year and to vacancies that occur during the school year:

1. Potential vacancies are identified by principals/program managers.
2. Once a potential vacancy is identified, the principal/program manager completes a Request to Staff a Vacant Position (RSVP) form.
3. The RSVP form is sent through an extensive approval process.
4. After a vacancy has been approved as valid, it is sent to Employment Services for action.
5. Employment Services generally acts on vacancies in the following order:

• Placing those with return rights (during the work year)
• Placing those with 504 accommodation needs
• Placing those with return rights and displaced employees (including those from Option Transfer) using In-Person Staffing, then selection in seniority order
• Laid-off employees are recalled and placed
• Any remaining vacancies are advertised and open to voluntary transfer
• Any remaining vacancies are available to inside and outside-SPS applicants

Administrative Transfers are placed as the need arises.

The provisions of Articles VI and VII describe the staffing processes in greater detail and are grievable unless otherwise noted.

SECTION C: Vacancies

1. The SPS has the legal responsibility to establish the educational programs, services, and staff in accordance with the SPS's basic educational goals and program continuity consistent with the financial resources available. The SPS has the authority to make necessary adjustments in the SPS's staff to be consistent with financial resources available and the programs and services which it determines to provide, subject to the provisions of this Agreement.

2. All vacancies in regular classified positions covered by this Agreement will be advertised. Excluded from this process are vacant positions subject to the provisions of Sections VII.G Layoff, VII.H Exemption Process, VII.J Placement of Displaced Staff, and VII.K Reemployment of Laid Off Employees.

3 Principals/program managers shall file a Request to Staff a Vacant Position (RSVP) upon knowledge that a vacancy has occurred. The SPS shall not unreasonably delay in establishing a permanent position for any reason, including to hold or save a position or potential position for a particular less senior unassigned employee. Delays for necessary and unavoidable reasons shall be approved by the District-level administrator. Delays for unnecessary or avoidable reasons shall be disapproved by the District-level administrator.

SECTION D: Career Ladder Promotions

It shall be a goal of the SPS to provide members of the bargaining unit with the opportunity to advance to more responsible positions, subject to the limitations of Sections VI E, F and G below: regarding Transfers.

1. A career ladder shall exist within the bargaining unit and related classified staff employment categories that shall provide preferential consideration for those who have demonstrated quality performance over a period of time and have appropriate training and experience for a more responsible position, classified and/or certificated.

2. Upon completion of formal training requirements for a particular position, an employee who has demonstrated quality performance over a period of time shall receive priority consideration for promotion.

3. The SPS and the SEA recognize the need for career development opportunities for employees to improve their abilities and skills and to advance to more responsible positions.

4. An employee who transitions from classified to certificated non-supervisory work will be credited with seniority for displacement and lay-off/recall purposes equal to their years of accrued SPS classified seniority in January of the first year of certificated non-supervisory work.

SECTION E: Voluntary Transfers

1. The basic consideration in the assignment of employees in the Seattle Public Schools is the well being of students, continuity, and specific needs of SPS programs. The appropriateness of the assignment will have a significant impact on the morale of employees and the effectiveness of the total educational program. Compliance with Title VII of the Civil Rights Act of 1964, Title IX of the 1972 Amendments, Section 504 of the Rehabilitation Act of 1973, and the Affirmative Action goals of the SPS shall have consideration in placement and transfer of employees.

2. Employees who are on probation are prohibited from transferring from one site or assignment to another site or assignment without the approval of the principal/program managers of the schools/buildings and/or the appropriate education directors. The SPS will notify the SEA of any transfers proposed for employees that are on probation.

3. Voluntary transfers which involve no increase in SP Salary Schedule level, hours and/or work year shall be available only to those employees who have been in their current assignments for a minimum of one (1) complete semester. There shall be no one-semester time limit on transfers which involve an increase in SP Salary Schedule level, hours and/or work year. Employees with return rights to previously held positions are not required to remain in a placement for one semester if the opportunity to return to the previously held position arises. The provisions of this Section shall not apply to employees serving in an assignment due to involuntary transfer.

4. Application Procedure for Voluntary Transfer to Vacant Positions

a. To be considered an applicant for specific advertised position vacancies, eligible employees, as described in Section VI.C.2 above, shall consult the SPS Employment website for application information.

b. Employment Services shall determine whether applicants meet the required minimum qualifications, as written on the job descriptions. Employment Services shall notify the principal/program manager of the vacant position of those applicants to be interviewed within five (5) working days of the closing date of the advertised position. Applicants who do not receive an invitation to be interviewed should assume they will not be interviewed.

c. If the interview is scheduled during the employee's workday, that interview will be without loss of pay to the employee. The employee will minimize travel time to and from the interview. Substitutes will not be provided.

5. Selection Procedures

a. Referral Process: Employment Services shall refer the six (6) most senior applicants who meet the minimum qualifications as written on the job announcement, to the appropriate administrator for an interview, provided that:

If fewer than six (6) applicants, who are regular employees, meet the minimum qualifications for the position, Employment Services shall refer those additional applicants to a total of six (6) who most strongly exhibit the minimum and desired qualifications. In the event that an applicant is a substitute who has served as a SPS substitute for a minimum of six (6) months or 160 hours, whichever is less, and has equal or greater qualifications (minimum and desired), the substitute will receive priority consideration over outside-SPS applicants for inclusion in the list of six (6).

b. Classified Alternative Selection Process (CASP):

(1) The decision to use this process must be by a 2/3 vote of the SEA-represented building staff. Non-school programs may utilize this process by a 2/3 vote of the SEA-represented program staff. This vote shall be taken at the beginning of the work year and is binding for subsequent vacancies that occur during that work year.

(2) Salary Schedule SP 15, 16, 17, 18, and 19 Positions

Employment Services shall refer six (6) applicants who meet the minimum qualifications for SP 15, 16, 17, 18 and 19 positions as written on the job announcement. The pool of six (6) qualified applicants shall be made up of the four (4) most senior employees, and two (2) applicants designated by the SPS. The two (2) applicants designated by the SPS may either be non-SPS applicants or current substitutes or a combination of both. In the event that there are less than four (4) senior employees, then the list shall be supplemented with additional names of substitutes and/or non-SPS applicants to a total of six (6). If there are not enough substitutes or non SPS applicants, fewer than six (6) applicants may be interviewed.

(3) Salary Schedule SP 20 and 21 Positions

Only current FTE bargaining unit employees may apply for SP 20 and 21 level positions. Employment Services shall screen all applications and refer those applicants who meet the qualifications to the building interview committee. The building interview committee shall interview the top three (3) senior qualified applicants, and it shall select three (3) additional qualified applicants from the pool supplied to it by Employment Services. If there are fewer than six (6) applicants, fewer applicants may be interviewed.

(4) The make up of the selection committee will be as follows:

(a) Two (2) building staff, selected by SEA-represented employees. At least one (1) shall be a classified employee.

(b) The principal/program manager shall normally be a member of the committee and shall designate one (1) additional person. In the event the principal/program manager is unable to serve, he/she shall designate another person to serve in his/her behalf.

(c) Each building shall vote to determine if there will be participation by the site council or PTSA. In the event that the building decides to involve either the site council or PTSA, then they shall have one (1) PTSA or site council member on the committee. If the building decides not to include the site council or PTSA, then the committee shall be made up of the two (2) members designated by the SEA and the principal/program manager and his/her designee.

(5) The selection committee shall participate in a joint SEA/SPS interview training program (no less than one hour) relating to legal and procedural issues in employee selection.

(6) The selection committee shall interview the candidates. The committee shall select a candidate and submit their recommendation to Employment Services which will make the offer of employment.

(7) The selection committee shall attempt to reach consensus, but in the event consensus cannot be reached, the decision will be made by majority. The committee shall have full authority to select any of the six (6) qualified applicants.

(8) The CASP process is a good faith effort to transfer responsibility to the buildings for the hiring of classified staff. Both sides are free to present suggested modifications for succeeding collective bargaining agreements.

(9) Information Supplied to SEA: For each position that is filled through the CASP process, Employment Services shall supply to the SEA the names of the individuals who were interviewed and the name of the person who was hired for the position.

c. The applicants interviewed and not selected in processes described in Sections 5.a. and b. above shall be notified by a representative from the interview team within five (5) working days of the action taken to fill the position.

d. Once a position has been advertised as a specific position vacancy, the SPS shall not fill such a position with an administrative transfer.


6. Option Transfer (Voluntary Displacement)

a. An option transfer request is submitted when employees wish to vacate their current positions and voluntarily displace themselves during spring staffing for vacancies which become available for the subsequent work year. These vacated positions are available for selection by other personnel who have been displaced and/or have requested option transfers.

b. An option transfer request is submitted during the spring staffing process.

c. Staff selecting option transfer will be placed in new positions using the same process used to place displaced employees described in Section VII.J.


SECTION F: Administrative Transfer

1. Guidelines for Administrative Transfers:

a. The SPS has the legal responsibility to establish the educational programs, services and staff in accordance with the SPS's basic educational goals and program continuity consistent with the financial resources available. The SPS has the authority to make necessary adjustments in the SPS's educational programs, services and staff to be consistent with financial resources available and the provisions of this Agreement.

b. The appropriateness of the assignment of employees has a significant impact on the morale of the employee and his/her effectiveness in the total educational program.

c. The SPS shall comply with Title VII of the Civil Rights Act of 1964, Title IX of the 1972 Amendments, Section 504 of the Rehabilitation Act of 1973, and the Affirmative Action goals of the SPS in placing and transferring employees.

d. The SPS and SEA may agree that it is in the best interest of the employee, the site, students and the SPS to transfer an employee from his/her assignment or building. When there is such agreement by SPS and SEA the decision is not grievable.

2. Transfer by Administrative Decision:

a. Employees who are transferred by administrative decision for the following year shall be notified in writing as soon as practicable, but no later than June 1st of the school year. Employees who are to be transferred at other times shall be given at least one (1) week's notice. The written notification shall include the reasons for the transfer.

b. The building principal/program manager will confer with the individual tentatively selected for administrative transfer, shall provide tentative notice of transfer in writing, and shall provide the employee with an opportunity to comment.

c. Criteria listed in Section VI.F.1 above shall be utilized for administrative transfer.

d. An employee who is selected to transfer as a result of administrative decision after the beginning of the school year shall be assigned to a position as expeditiously as possible. Unless there are some unusual circumstances, he/she will remain in the original assignment until a position is available.

SECTION G: Academic Summer Semester

First priority for hiring to the regular academic summer semester shall be given to qualified applicants who did not work in the regular academic summer semester during the preceding summer.

SECTION H: Assignment and Letters of Employment

1. New and voluntarily transferred employees assigned to a position must work in the assignment designated on the RSVP for a minimum of one semester, unless selected for a promotional position. Exceptions will be made only for necessary program changes and must be approved/disapproved by the District-level administrator.

2. Each new employee shall receive a job description and a form providing the following information:

a. Employee's name;

b. Job Title;

c. Salary placement on the SAEOP and Paraprofessional Employees Salary Schedules (Appendices A-1 through A-3);

d. Authorized work year;

e. Number of hours authorized per day; and,

f. Work location.