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 members are key to an effective learning environment; consequently, appointment to a particular assignment is dependent on need, job performance, and the best interest 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 responsible for the placement of teachers assigned to a program or department other than a school.

2. Transfers

   In accordance with School Board Policy 4-12 Assignment, Reassignment, and Transfer, the Superintendent or designee may transfer teachers to other schools in the School Division, based on the request of the teacher, or upon recommendation of the Department of Human Resources, or a principal.

   1. Voluntary Transfers
      1. Teachers who wish to be considered for a change in grade and/or subject assignment for the next year within a particular school should communicate their interest to their principals.
      2. Voluntary transfers 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. Teachers who are on a continuing contract or have been employed in a full-time teaching position for three (3) years 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.
         1. 1)  Teachers who have an interest in a particular vacancy at a different school within the School Division will complete an online transfer application.
         2. 2)  Once a teacher has received a voluntary transfer, the teacher is not eligible for another voluntary transfer for a period of three years.
         3. 3)  A teacher may request that the three-year requirement above be waived if special circumstances are present. The teacher must seek approval for an exception from the building principal. The building principal will then request an exception from the Department of School Leadership who will work in consultation with the Department of Human Resources to make the final decision.
      4. Principals will review the online transfer application and contact teachers whom they wish to interview.
      5. Teachers should advise their current building principal when they are contacted for an interview at another school.
      6. Upon conclusion of interviews for any particular vacancy, the principal will notify the Department of Human Resources of the principal’s selection.
      7. The principal conducting the interview will notify all teachers who were interviewed when the vacancy is filled.
      8. The period for voluntary transfers will conclude each year on June 1, or if June 1 falls on a weekend, it will conclude on the following weekday. However, a teacher who is assigned to an undesired itinerant position which requires two or more locations may seek a voluntary transfer to fewer locations at any time regardless of the date of their 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 take effect. 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. If the date of the acceptance is the same for both teachers, then the date of receipt of the application 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.

            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 Committee (SEC) chair positions; world language immersion teachers; gifted cluster teachers; coaching positions (compensated during the current school year and a written commitment to continue in the position during the upcoming school year); supplemental positions (compensated during the current school year and a written commitment to continue in the position during the upcoming school year) 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 the teacher's original site should a position becomes available at the site no later than July 15, or if July 15 falls on a weekend, on the following weekday. 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 their 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 their 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 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 or designee 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, the teacher shall be given the opportunity to discuss the recommendation with the Superintendent or designee prior to a final decision by the Superintendent. The Superintendent or designee shall determine what processes are to be followed at the meeting provided that the employee shall be permitted to have a representative at such meeting.
   3. This section intends 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
Approved by Superintendent: March 30, 2022
Revised by Superintendent: June 30, 2023
Amended by Superintendent: March 20, 2024
Amended by Superintendent: January 6, 2025