Transfer Q & A

Below, please find the most Frequently Asked Question regarding the Transfer Process in the within the Buffalo Pubic School District.

Please Note: The Transfer Request Deadline Each Year is March 23.

Q: How can I get a transfer to a different school?

A: As per Article XIV of the Contract (pg. 30-31), a teacher can apply for a voluntary transfer for the next school year by writing a letter to the Director of Human Resources by March 23.

Q: Who is that?

A: Tami Hollie-McGee Warren, 720 City Hall, Buffalo, NY 14202

Note: You might want to consider sending important documents such as this in the “regular” mail. Do not use the pony.

Q: What should I write?

A: We advise that you identify what and where you teach and then request a transfer to another school. Ask to be advised of all available openings for which you are eligible. Sample letters are available on the BTF website (Click Here).

Q: When will I find out what schools are available?

A: Generally, staffing changes are made during the summer.

Q: Will my principal find out?

A: If requested in your letter, the request for transfer will be kept confidential and your principal will not be notified.

Q: Do I have to write to or tell my supervisor also?

A: No. The Lead Community Superintendent will forward your request to your department.

Q: Can I request to know all available openings?

A: Yes, and you should. When your supervisor calls you, he or she must give you all available openings at that time upon your request. However, you must ask!

Q: Do I have to take a transfer if I request one?

A: No.  You can choose to remain where you are.

Q: Can a probationary teacher receive a transfer?

A: A request can be made and probationary teachers are transferred in certain situations. The contract states that a probationary teacher is “expected to complete their probationary period in the school originally assigned except where conditions seem to indicate that a transfer is desirable.”  (pg. 30 Master Contract).

Q: Can I be transferred against my wishes?

A: Yes. If there is a cut in the number of positions in your tenure area at your school (a “reduction in force”), a teacher may be involuntarily transferred (Article XIV, G., pg. 31).

Q: How is the teacher chosen to be involuntarily transferred?

A: First, teachers in the tenure area which is to be reduced are given the opportunity based on their District seniority to volunteer to be transferred.

Q: What if no one volunteers to be involuntarily transferred?

A: Then the teacher in the tenure area to be reduced with the least seniority in the District is involuntarily transferred.

Q: Are there any exceptions?

A: Yes. “In case of a reduction-in-force, the Building Committee members and up to two additional delegates (the two with the most seniority in District service) who were in office during the school year, shall be the last persons considered for an involuntary transfer regardless of their seniority.” (pg. 32 Master Contract)

Q: Are there any other times when a teacher can be involuntarily transferred?

A: Yes.  A building administrator or supervisor may request that a teacher be involuntarily transferred.

Q: What should I do if that happens?

A: There is a process in place. Call your Labor Relations Specialist who will advise you.

Q: How much notice must I be given of an involuntary transfer?

A: The contract states on pg. 31, “As far in advance as practicable… at least 15 days prior to the effective date.”

Note: There are also special rules that apply if your school closes or changes configuration (ex. from an ECC to an Academy). BTF will schedule a representative to come and talk to your teachers if that occurs in your building.

Bereavement Days Q & A

Below, please find the most Frequently Asked Question regarding Bereavement Days under the Collective Bargaining Agreement.

Q: When can a teacher use bereavement days?

A: Teachers may take up to 5 working days at full pay with no deduction from sick or personal time for a death in the teacher’s immediate family if the death occurs during the regular school year. (Article XXXI).

Q: What constitutes “immediate family”?

A: Immediate Family means a teacher’s parent, child, brother, sister, grandparent, husband, wife, parent of husband or wife, or any relative permanently residing in the personal household in which employee resides. (Article III).

Q: What if the death in the teacher’s immediate family does not occur during the regular school year (the first day teachers report until the last day teachers must report to school)?

A: A death of an immediate family member during the summer months and/or outside of the regular school year does not qualify the teacher to any bereavement leave except when services are scheduled for a later date, estate closings are delayed, etc.

Q: Do the 5 days of bereavement leave need to be used consecutively?

A: No. The bereavement days do not need to be used consecutively. However, the teacher must provide adequate documentation and information to the District if the days are not taken consecutively. For example, if there is a memorial scheduled further out from the death, bereavement days can be taken at that time with proper documentation.

Q: What time can a teacher take if the death is not a person in the teacher’s immediate family?

A: A teacher can use 2 days of their personal leave with approval of their administrator for funeral of friend or relative. If the teacher is out of personal days, they can use their sick days with approval. (Article XXIX).

Reductions-in-Force FAQ

Below, please find the most Frequently Asked Question regarding Reductions-in-Force

Q: What is a Reduction-in-Force?

A: A Reduction-in-Force results from a budgetary decision to reduce a particular tenure area or position within a school.

First, the principal must canvass the building for volunteers to accept a reduction-in-force. If there are no volunteers, the teacher with the lowest BTF Contractual Seniority in the reduced tenure area will be involuntarily transferred from the building and included in the transfer process.

BTF Contractual Seniority is the total number of consecutive years a teacher has been employed by the Buffalo Public Schools since probationary appointment, regardless of time spent in a particular tenure area. See “Types of Seniority” tab for further information.

Q: What happens if I am reduced out of my current position?

A: In the event of a Reduction-in-Force where there are no volunteers, the teacher with the lowest BTF Contractual Seniority will be involuntarily transferred from the building.

The involuntarily-transferred teacher will remain a district employee entitled to all benefits of employment. They will be added to the transfer list at the end of the school year and have the opportunity to select a new position in order of BTF Contractual Seniority.

Q: Is a Reduction-in-Force the same as a Layoff?

A: No. A layoff results in the loss of employment from the district. A Reduction-in-Force results in the loss of position within a particular building, but not a loss of district employment.

Q: Are BTF Delegates protected from Reductions-in-Force?

A: Potentially but it depends on what type of delegate, when they were elected, and when the Reduction-in-Force takes place.

For a Reduction-in-Force which happen in the middle of a school year, all building committee members (includes the Delegate Chair) and two additional delegates with the most BTF Contractual Seniority, in office at the time the transfer is set to take place, shall be the last persons considered for an involuntary transfer regardless of their seniority. Article XIV(G).

For a Reduction-in-Force which will be effective after the end of the school year and starting the next school year, all building committee members (includes the Delegate Chair) and two additional delegates with the most BTF Contractual Seniority, who served in that capacity prior to the BTF building election at the end of the school year, shall be the last persons considered for an involuntary transfer regardless of their seniority. Article XIV(G).

Example: Henry is a reading teacher and has been an elected building committee member at Sunshine School for school three years.

Isabella is also a reading teacher at Sunshine School and has been an alternate for two years. She is not on the building committee.

Jacob (another reading teacher) has concerns that there will be a reduction in force at Sunshine School. He runs for building committee at the end of the school year with the hope of staying at Sunshine School.

Sunshine School has a Reduction of reading teachers for the next school year. Henry would be the last person considered for a reduction because he was already a building committee member. Isabella would not receive transfer protection as she is not a building committee member or one of the two delegates with the greatest BTF Contractual Seniority. Jacob would not receive transfer protection as he was not a building committee member for the current school year.

Q: I was previously tenured in another tenure area and then I changed tenure areas. What does that mean for my seniority in the event of a Reduction-in-Force?

A: If you were previously tenured in the District in a particular area, but you left that tenure area for another tenure area, you have given up tenure in the original area. Should you ever choose to return to the original area, it would be at the District’s discretion to accept you into the original tenure area regardless of prior years in that tenure area.

Note: If you were accepted back into the original tenure area with Buffalo Public Schools and you had previously achieved tenure in that area with Buffalo Public Schools, you would be entitled to a shortened probationary term of three years instead of four years.

If there is a Reduction-in-Force in a building, the teacher with the lowest BTF Contractual Seniority in the reduced tenure area will be involuntarily transferred from the building and included in the transfer process.

BTF Contractual Seniority is the total number of consecutive years a teacher has been employed by the Buffalo Public Schools since probationary appointment, regardless of time spent in a particular tenure area. A maximum of two years of temporary time would count towards BTF Contractual Seniority if that service counted toward the completion of one’s probationary appointment. See “Types of Seniority” tab for further information.

As such, the number of years you have spent in your current tenure area is not the metric by which you are reduced in force.

Example: Edith has worked as a teacher with Buffalo Public Schools for 6 years. She first earned tenure as an elementary education teacher after 4 years. She then applied for and was accepted as a special education teacher. She has been a SPED teacher for 2 years.

Francis has worked for Buffalo Public Schools for 3 years as a SPED teacher and works in the same building as Edith.

If there was a Reduction-in-Force in the building, Francis would be reduced from the building before Edith. Edith has 6 years of BTF Contractual Seniority. Francis has 3 years BTF Contractual Seniority.

Types of Seniority: Commissioner’s and BTF Contractual

Below, please find the most Frequently Asked Question regarding Types of Seniority: Commissioner’s and BTF Contractual

“Commissioner’s Seniority”

Commissioner’s Seniority is used when there is a Layoff. It is not used when there is a Reduction-in-Force.

Commissioner’s Seniority is the total number of years in a particular tenure area with the Buffalo Public Schools, including all temporary service in that same tenure area.

In the event of a Recall following a Layoff, all years of service in all tenure areas in the District count, regardless of date of probationary appointment.

Example: Carol has been a BPS elementary education teacher for 4 years. Debra has been a BPS elementary education teacher for 3 years and, previously, she worked 5 years as a BPS special education teacher.

In the event of a layoff in the elementary education department, Carol would have more Commissioner’s Seniority than Debra. Debra’s 5 additional years as a special education teacher do not count toward Commissioner’s Seniority as she switched tenure areas.

“BTF Contractual Seniority”

BTF Contractual Seniority is used when there is a Reduction-in-Force and in the transfer process. It is not used for Layoff purposes.

BTF Contractual Seniority is the total number of consecutive years a teacher has been employed by the Buffalo Public Schools since probationary appointment, regardless of time spent in a particular tenure area.

Leaves of absence without pay shall not be counted as service for BTF Contractual Seniority.

Note: A maximum of two years of temporary time would count towards BTF Contractual Seniority if that service counted toward the completion of one’s probationary appointment.

Note: District-generated seniority lists do not include temporary teachers. While service as a temporary teacher may, in some instances, eventually count towards seniority, the District does not include them on seniority lists until after they receive a probationary appointment.

Example: Carol has been a BPS elementary education teacher for 4 years. Debra has been a BPS elementary education teacher for 3 years and, previously, she worked 5 years as a BPS special education teacher.

In the event of a Reduction-in-Force in the elementary education department, Debra would have more BTF Contractual Seniority than Carol. Debra’s additional years as a special education teacher count toward BTF Contractual Seniority.

TOSA Positions and Reductions-in-Force FAQ

If you are a teacher on special assignment (TOSA) and are facing a reduction-in-force, the following guidelines would apply:

Q: What if there are two or more TOSA positions with the same title and there is a reduction?

A: The more senior TOSA has the right to the title, using BTF Contractual Seniority..

Q: What if a TOSA position is reduced?

A: As long as the TOSA has payroll location rights to a position within their tenure area in the building, and is more senior than the least senior teacher in that tenure area, they will retain a position in the building within their tenure area.

Q: What if a TOSA has the least seniority in a tenure area within a building and there is a reduction other than the TOSA position in that tenure area?

A: The TOSA would be reduced and the least senior teacher in that tenure area would also be reduced. The newly-open TOSA position would be posted and filled subject to the interview process.

Example: Gregory is a TOSA with an elementary school as his payroll school. Gregory’s tenure area is in Elementary Education. That school has four elementary education teachers: Henry, Ingrid, James, and Kelsey.

The teachers have the following BTF Contractual Seniority (total years employed by Buffalo Public Schools since probationary appointment):

*  Gregory – 3 years

*  Henry – 19 years

*  Ingrid – 13 years

*  James - 9 years

*  Kelsey – 4 years

The school needs to reduce one elementary education position. Gregory is a TOSA but has the lowest BTF Contractual Seniority. Gregory is reduced out of the TOSA position and out of the school. However, because the school still needs to reduce an elementary education position, Kelsey is also reduced out of the building. The TOSA position is vacant. Gregory will need to re-interview for the TOSA position.

Q: What if a TOSA position is reduced and the TOSA is not on the school’s payroll, and is instead assigned to City Hall?

A:  The TOSA does not have the right to remain at a particular school, but instead would automatically be included in the transfer process.