Teacher Assignment and Transfer 4-12.1

School Board of the City of Virginia Beach
Regulation 4-12.1

PERSONNEL

Teacher Assignment and Transfer

Instructional staff are key to an effective learning environment; consequently, appointment to a particular assignment is dependent on need, job performance, and the best interests of the School Division.

  1. Assignment

    The Superintendent or designee has the authority to assign teachers to any school, program or department within the School Division. The principal will be responsible for the placement of teachers assigned to the school. Department heads will be responsble for the placement of teachers assigned to to a program or department other than a school.

  2. Transfers

    In accordance with School Board Policy 2-50 Appointment/Reappointment and Reclassification, the Superintendent, pursuant to a teacher request for transfer or upon the recommendation of the Department of Human Resources or a principal, may transfer teachers to other schools in the School Division.

    1. Voluntary Transfers
      1. Teachers who wish to be considered for a change in grade and/or subject assignment within the particular school for the next year communicate their interests to their principals.
      2. Voluntary transfer of teachers from one school to another within the School Division will be implemented through the use of the online transfer application in response to specific posted vacancies.
      3. Vacancies will be posted online.
      4. Teachers who already have or will attain continuing contract status at the end of the current school year and are not on a performance improvement plan or pending disciplinary action are eligible to seek a voluntary transfer for the next school year. Teachers who have an interest in a particular vacancy at a different school within the School Division will complete an online transfer application. Once a teacher has received a voluntary transfer, the teacher is not eligible for another voluntary transfer for a period of three years.
      5. Principals will review the online transfer application and contact persons whom they wish to interview.
      6. Teachers should advise their current building principal when they are contacted for an interview at another school.
      7. Upon conclusion of interviews for any particular vacancy, the principal will notify the Department of Human Resources of his/her selection.
      8. The principal conducting the interview will notify all teachers who were interviewed when the vacancy is filled.
      9. The period for voluntary transfers will conclude each year on July 15, or if July 15 falls on a weekend, it will conclude on the following weekday. However, a teacher who is assigned to an undesired itinerant position including two or more locations may seek a voluntary transfer to fewer locations at any time regardless of the date of his/her last voluntary transfer.
    2. Priority Transfers
      1. Due to Overstaffing/Program Elimination/Declining Enrollment
        1. 1) In the event a staff reduction is necessary due to overstaffing, program elimination, or declining enrollment, an involuntary staff reduction will be effected. The Department of Human Resources will provide each building principal with a list of teachers, ranked by length of service. Length of service will be defined as the period of service from the effective date of employment as a teacher, beginning with the most recent term of continuing employment in a teaching position in the School Division, including authorized leaves of absence. Temporary or hourly employment shall not be included. If two or more teachers have the same hire date, then the dates of contract offer will be determined and used to identify the priority transfer. If the date of contract offer is the same for both teachers, then the date of the acceptance of the position that resulted in the most recent continuous period of teaching employment will be substituted.

          For priority transfer designation, service in a specialty area (such as Library Media Specialist, School Counselor, or Reading Specialist) shall be the period of service during which the employee has worked continuously in the specialty position.

          A teacher who is on a performance improvement plan may not be designated as a priority transfer.

        2. 2) Exceptions

          Principals may request that the procedures outlined above be waived if doing so is in the best interest of the school.

          Principals must seek approvals for exceptions from the Department of School Leadership who will work in consultation with the Department of Human Resources to make the final decision.

          In requesting exceptions, principals may consider building needs. These needs include: teacher licensure; teaching endorsements; department chair positions; special education inclusion teachers; world language immersion teachers; gifted cluster teachers; highly-qualified status for Special Education teachers; coaching positions; sponsorship positions; supplemented positions and teachers; who have specialized skills that would be otherwise unavailable on staff, and provide specialized instruction directly related to an academy’s mission. Other good and just reasons for requesting an exception may be considered.

        3. 3) When a staff reduction is necessary due to overstaffing or program elimination, priority transferred teachers will be allowed to indicate their interests in vacant allocated positions.
        4. 4) When practicable and if the best interest of the school can be met, a teacher transferred from a school due to overstaffing or program elimination will be offered a position at his or her original site whenever a position becomes available at the site prior to two weeks before the commencement of school for students. If multiple priority transfers have occurred at one location, building needs and length of service shall be used to determine the sequence in which priority transfers will receive the offer(s) to return. Once building needs have been addressed, the priority transfer with the earliest hire date shall receive the offer to return before others.
      2. Due to Other Reasons
        1. 1) Principals may submit recommendations to the Chief Human Resources Officer for the transfer of teachers assigned to his or her supervision.
        2. 2) Any principal requesting a teacher transfer shall provide documentation to the Chief Human Resources Officer establishing a legitimate reason for the transfer. Such written documentation shall include evidence of discussions with the teacher recommended for transfer and other information establishing the reason for the requested transfer.
        3. 3) No transfer initiated under this section shall be made without first providing such teacher with the written documentation provided to the Chief Human Resources Officer, including the reason for such transfer, and an opportunity to present his or her position at an informal meeting with the Chief Human Resources Officer. The Chief Human Resources Officer shall determine what processes are to be followed at the meeting; provided, however, that the employee shall be permitted to have a representative at such meeting.
        4. 4) The Chief Human Resources Officer shall make a recommendation to the Superintendent based upon the written documentation provided by the principal and any information provided by the teacher, who shall be informed simultaneously of the recommendation.
        5. 5) If the teacher is not satisfied with the recommendation of the Chief Human Resources Officer, he or she shall be given the opportunity to discuss the recommendation with the Superintendent or the Superintendent’s designee prior to a final decision by the Superintendent. The Superintendent or the Superintendent’s designee shall determine what processes are to be followed at the meeting; provided, however, that the employee shall be permitted to have a representative at such meeting.

    The intent of this section is to provide an opportunity for a teacher to discuss the reasons for such transfer with the Chief Human Resources Officer and the Superintendent or designee, and the provisions of this section are meant to be procedural only. Nothing contained herein shall be taken to require cause as defined in Virginia Code §22.1-307, as amended for the transfer of a teacher.

Approved by School Board: February 16, 1993
Amended by School Board: January 18, 1994
Approved by Superintendent: February 16, 1998
Approved by Superintendent: January 28, 2008
Scrivener’s Amendments: August 16, 2013
Approved by Superintendent: October 29, 2020