A. The Superintendent or his/her designee shall electronically post and maintain a current list on the District website of all vacancies that occur, the date the vacancy occurs, the closing date, the subject area or grade level of the vacancy and the school in which the vacancy occurs. In any event, such postings shall be made at least five (5) days before the vacancy is to be filled. To waive the five (5) day posting, the Superintendent and the Association must agree. Employees who apply for such positions will be notified in the event they are not appointed.

B. Employees who wish to transfer to a different worksite during the school session shall make a written request to both the principal of the school (worksite) they are currently in and the principal of the desired school (worksite). If the principal of the desired school agrees to recommend the transfer, the principal of the current school (worksite) must agree to the transfer. In the event the transfer is to be effective with the new school year, the current principal’s approval is not required. In filling such positions, preference shall be given to presently employed teachers.

C. The transferring employee will be notified of the change after Board approval of the recommendation for transfer.

A. When reassignment of employees within the system is necessary, criteria to be used shall be principal recommendations, qualifications, evaluations, seniority, and certification when practicable. When possible, transfer notice will be given thirty (30) days prior to the proposed transfer. When involuntary transfers or reassignments are necessary, lists of positions in other schools shall be made available to all teachers being transferred, and their interest in a particular position will be considered. In filling such positions preference shall be given to presently employed teachers. The requests for voluntary transfers or reassignments should be considered before involuntary transfers are implemented.

B. The salary of the individual, excluding supplements and contract variations, should not be reduced.

C. Reassignment and involuntary transfer shall not be used as a punitive measure.

D. The term "preference" as used in paragraphs VII.2 B and VII.3 A above, shall be defined as a factor to be given great deference in filling positions, but not an absolute criteria for selection.

A. When a new school is opened, the Board shall endeavor to fill all pending school principal positions before the deadline for bargaining unit member transfer requests to said new school, provided that the provisions of this paragraph are not subject to the grievance procedure of this Agreement.

B. The bargaining unit individual agrees to an election of remedies pursuant to this section i.e., to either grieve any violation of this section or to proceed with a request for 120 hearing, but not both. Under this section of the contract, the bargaining unit employee shall have the option of utilizing the Chapter 120 procedure, an unfair labor practice procedure, or the contract grievance procedure established pursuant to the contract, but such employee is precluded from availing himself/herself to more than one of these procedures.

C. A committee with equal representation as agreed upon by the Association and the Superintendent will recommend basic guidelines to the Superintendent for the transfer of teachers when new schools are opened.

A. If workforce reduction is needed the School Board must retain employees at a school or in the school district based upon educational program needs and the performance evaluations of employees within the affected program areas. Within the program areas requiring reduction, employees who have the lowest average evaluation scores over the most recent three (3) year period shall be the first to be released before teachers with higher average evaluation scores; provided that the average evaluation score for employees with less than three (3) years of experience shall be calculated based upon the employees period of service, even though it is less than three years.

B. The Board shall first attempt to accomplish such reduction by attrition.

1. The Board shall identify the instructional assignment(s), [level(s) / subject(s) / special area(s)/ specific position(s)], to be reduced.
2. Prior to implementing a reduction in personnel, the Superintendent shall meet with representatives of the MCEA to discuss the Board action and solicit their suggestions.
3. A decision between teachers with equal certification and equal average performance
   evaluation scores shall be based upon educational qualifications such as advanced degrees, special skills and other performance records.
4. A teacher who is enrolled in FRS’s defined benefit plan and who has started his/her vesting year of service in the Martin County School District, or who will qualify for normal FRS or TRS retirement by the end of that year, shall be permitted to complete the school year, but not necessarily in his/her current position, so as to acquire the necessary service to be vested in the FRS or TRS retirement system.
5. Before reductions in personnel take place, teachers shall have the opportunity to volunteer for reduction in force. Five calendar days shall be provided for this action.
6. Should the Board invoke this Article, any resignation delivered later than three weeks prior to the preschool planning day without verifiable just cause shall be subject to denial of the resignation or acceptance with prejudice.
7. A copy of performance evaluations for each teacher in the affected program area, a list of certification areas for each teacher, advanced degrees held, special skills and other relevant program records upon which the District will base retention decisions shall be provided to MCEA in writing no later than ten (10) days prior to any lay-offs; provided that any record exempt from disclosure under Chapter 119, Florida Statutes, shall require consent of the effected employee.

A. If the Board shall determine to employ teacher(s) at any time during the next eighteen (18) calendar months following such reduction in staff, such positions shall be offered in writing to the first teacher in the inverse order of lay-off, provided such teacher holds the required certification. Such offer, delivered in person or by certified mail, shall be to the most current address of the teacher as reflected in the records of the Board. It shall be the responsibility of the teacher to maintain a current address with the Board. Failure of the teacher to accept the offer within ten (10) calendar days of such service shall automatically terminate the teacher’s re-employment rights as provided in the section.

B. Recalled teachers shall return to work no later than five working days upon acceptance of the recall.

C. No new appointments shall be made while there are laid-off teachers available who are certified for vacancies.

D. Laid-off employees, upon request, shall have first opportunity for substitute teaching opportunities.

E. Any employee, pursuant to this Article, shall be given the opportunity to continue insurance coverage in existing programs during the lay-off period subject to the limitations as provided in guidelines established by federal regulations.

F. Nothing in this Article shall prohibit teachers who have been reduced pursuant to this Article from seeking and/or accepting gainful employment elsewhere, providing that it does not interfere with recall provisions as specified above.

G. At the employee’s option, recall rights shall supersede any other School Board employment contract.