Q & A on the Open Market Transfer Plan
The Open Market Transfer Plan is a way for members to demonstrate displeasure with their school by “voting with their feet.” In plain language, if you are not happy with your school or principal, the Open Market Transfer Plan gives all members in a school the opportunity to apply to leave. Click Here for PDF version of Q&A
Under this plan, individuals can apply for any and all vacancies for which they are appropriately licensed. This Q&A is meant to address the most commonly asked questions about the Open Market Transfer Plan.
Open Market Transfer Plan Opens on April 15th, 2008
Q. Who is covered by the transfer plan?
A. All pedagogues, including paraprofessionals, clinicians, guidance counselors, and secretaries.
Q. When will the transfer period begin and how will I be able to learn about vacancies?
A. The Department of Education will begin to post vacancies on its Web site (http://schools.nyc.gov) beginning April 15, as per our contract. As principals continue to learn of vacancies they will be added to the site throughout the transfer period, which ends Aug. 7. When a position has been filled the listing will be removed from the site.
Q. Is there a minimum period of time vacancies will be posted?
A. The DOE is telling principals that vacancies should be posted for a meaningful amount of time — at least seven calendar days.
Q. What is the definition of a vacancy under the plan?
A. A vacancy is a position to which no teacher has been appointed, except where a non-appointed teacher is filling in for an appointed teacher on a leave of absence. Vacancies are created as a result of growth (new positions due to anticipated enrollment growth or qualification for a new grant), retirements and resignations.
Q. It seems like schools may be adding and deleting vacant positions throughout the spring and summer, is that right?
A. Yes. For that reason, it’s advisable that anyone interested in securing a transfer should regularly check the vacancy postings. The new plan also allows you to apply to a school that hasn’t posted a vacancy in the event one develops later.
Q. How do I apply?
A. First you’ll be asked to complete an online registration form, which involves creating a user ID and password. Once you do this you’ll be able to electronically apply to any and all vacancies in your current license area. There is room on the online application for a cover letter and resume. You will also be able to apply to transfer to schools that have not advertised a vacancy. If you choose to do this your application will be kept on file should a vacancy subsequently arise. Upon submitting an application , a confirmation page will appear, which we suggest you print and keep on file. Candidates also may be considered at job fairs, which will be posted on line.
Q. How will schools know that I’ve applied?
A. Each school will have an online mailbox. Applications of candidates interested in transferring to the school will be put into that mailbox.
Q. Once I apply to transfer to an advertised vacancy, what happens next?
A. Every school is required to form a Human Resources Committee made up of pedagogues and administrators. The committee will decide which candidates it wants to interview and is not required to interview all applicants. The committee’s ultimate responsibility is to make hiring recommendations to the principal. The final decision is the principal’s. If you are selected, both you and the principal will have to sign a commitment form called Agreement to accept Open Market Transfer.
Q. Will I need a release from my current principal to accept a transfer to a new school?
A. While the selection of candidates may be made at any time, transfers secured through Aug. 7 do not require a release.
Q. Will my principal know that I’ve applied for a transfer?
A. Not necessarily. The newly developed electronic transfer application system does not include an automatic notification to your current principal. Of course, nothing stops one principal from phoning another to get his or her opinion.
Q. Will I be asked to sign anything?
A. Both the principal offering a position and the employee accepting the offer will be asked to sign a form called Agreement to Accept Open Market Transfer. The document is binding on both parties. That means once the principal signs the form the offer cannot be withdrawn unless the vacancy is cancelled because of budgetary issues. By the same token, once the employee signs he or she cannot rescind the transfer. Except that after Aug. 7 an individual may rescind a transfer provided that:
- the former principal approves his or her return to the school; and
- the new principal approves the release.
Q. Can I transfer using the Open Market Transfer Plan if I have received a U-Rating?
A. Yes
Q. Are there any limits to the number of people who can transfer out of a particular school?
A. No.
Q. Can I still apply for a hardship transfer that relates to an issue of safety, medical need or excessive travel?
A. Yes. This must be done in writing. Applications, which can be downloaded from the DOE’s Division of Human Resources Web site, (scroll down under Medical), should be sent to:
The Division of Human Resources
NYC Department of Education
65 Court St. - Room 811
Brooklyn, NY 11201
Q. Is my salary something that a school’s Human Resources Committee and/or principal should consider when evaluating my candidacy for a vacant position?
A. We believe hiring decisions should be made based on the qualifications of the applicant. Schools are budgeted for the average teacher salary for the school and are being held harmless for the actual salaries of their staff for the school years 2007-08 and 2008-09, so there should be no incentive to hire “younger, cheaper” teachers.
Q. What can I do if I believe I was denied a transfer based on my age, race, creed, color, national origin, sex, marital status, sexual orientation, handicapping condition or union activity?
A. You should consider filing a grievance citing a violation of Article Two (“Fair Practices”) of the Agreement.
Q. How will hiring be done at new, redesigned and phasing out schools?
A. This hasn’t changed. Hiring will still be done by a Personnel Committee made up of two union representatives, two representatives designated by the superintendent, a principal or project director and, where appropriate, a School Planning Committee representative and a parent.
Q. What happens if a brand-new school is being opened in my building and as a result my school is being closed?
A. If another school is impacted (i.e., being closed or phased out), the staff from the impacted school is still guaranteed the right to apply and be considered for positions in the new school. If sufficient numbers of displaced staff apply, at least 50 percent of the new school’s pedagogical positions must be selected from among the appropriately licensed most senior applicants from the impacted school who meet the new school’s qualifications
Q. What if there are still vacancies to be filled?
A. Any remaining vacancies are to be filled by the Personnel Committee from among transfer applicants, excessed staff and/or new hires. Candidates must hold appropriate credentials.
Q. What happens to me if I’m in an impacted school and I either don’t apply or apply and am not selected to fill a vacancy in the new, redesigned or expanding school in my building?
A. In such an instance if you are notified that you are in excess you are covered by contractual excessing provisions.
Q. If I’m in a phasing out or closing school and am told I’m being excessed, do I have the right to designate five schools in my district/superintendency that I want to be excessed to?
A. No. You have the same rights accorded to any excessed person. You have the right to seek vacancies anywhere in the city via the open market transfer system.
Q. What are the contractual excessing provisions?
A. The contract requires that by June 15 or as soon thereafter as possible, principals must notify staff that they are at risk of being excessed. Excessed teachers may apply for vacancies citywide online or at hiring fairs. Teachers who are unable to secure their own position, or who choose not to, may be placed by the DOE in a vacancy in their district/superintendency or, if none is available, in their region — unless the receiving principal denies the placement. The DOE will place excessed teachers who do not secure a transfer or a DOE-directed placement in an ATR position in the school from which they are being excessed or in another school in the same district or superintendency.
Q. If I’m excessed and I get a transfer through the open market transfer plan do I still have the right of return if a vacancy occurs in my former school within a year of the date I was excessed?
A. The union’s position is that the right of return still exists and if necessary we’ll fight to see that members retain this right.
Q. Where can I get help if I’ve been repeatedly unsuccessful in obtaining a transfer or a regular teaching position after being excessed?
A. Upon request you’ll be able to receive individualized assistance from the DOE’s Division of Human Resources and/or the UFT’s Peer Intervention Program on how to maximize your chances of success in being selected for a transfer.