Teacher transfer guidelines 2014

Teacher Transfer Guidelines

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Accountabilities Guidelines source Workforce Management Documents Contact Coverage Definitions Delegated Authority Placements Transfer types o Requested transfer o Required transfer o Exceptional hardship o Pressing personal circumstances Teachers not to be transferred Mid-Year Transfers (Partners for Success Schools only) Length of service in a school Partnerships Cross sector transfers

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Part-time teachers o Applications for part-time work or applications to return to full time work o Application to transfer as a part-time teacher Employee complaints o Required transfers o Requested non-transfer o Regional office review Deferment of transfer Teachers granted/seeking leave Points accrued for temporary service Transfer rating system o Introduction o Method of calculation o Transfer points o Retention of points o Calculation of transfer points o Transition arrangements Remote Area Incentives Scheme

Accountabilities A condition of teacher employment is that a permanent teacher may be required to teach at any school location in the State.

Substantive vacancies in schools are initially filled through the placement of teachers who have accrued sufficient transfer points through service in schools or who have been identified for transfer on compassionate grounds.

Regional officers should make every endeavour to place teachers with high-accrued service points in the geographic area/location of their first preference. Once the transfer process has been completed the remaining vacancies can be filled through the recruitment processes.

Transfers are subject to the existence of a 'suitable vacancy'. 'Suitable' can extend to the area/s of subject capability as well as geographic preference.

Responsibility for the management of 'placement' of a teacher lies with that teacher's regional office.

Human resource officers effecting a required transfer must ensure the transfer is reasonable and takes account of the teacher's previous service history.

Guidelines source • • •

Public Service Act 2008 Minister for Education and Industrial Relations Directive - Transfer and Appointment Expenses Department of Education, Training and Employment State School Teachers' Certified Agreement 2012

Workforce Management Documents The department uses a variety of workforce management documents in conjunction with these guidelines to successfully manage the teacher transfer process. Following are the documents that are used: • • • • • • • • •

Alcohol Management Plans Teacher transfer ratings Entitlements of Officers on Transfer/Appointment Geographic areas Remote Area Incentives Scheme Remote area relieving placements Partners for Success Schools Excellence Program CARS

Senior teachers interested in taking up a remote area relieving placement will need to complete a Remote Area Relieving Placement application form and return it to their regional office. Teachers indicating a preference for a trial school/s covered by the Partners for Success strategy will be considered within this expression of interest process, and a separate application will not be required. No guarantee of placement can be provided.

Remote area relieving placement arrangements will be for a period of up to 24 months. At the completion of that period, placement participants are guaranteed a return to their former location and position.

Teachers undertaking a remote area relieving placement receive transfer points, locality allowances, RAIS compensation payments, and emergent leave entitlements applicable to the centre in which they are placed. They will also be provided with the appropriate transfer expenses to assist them in relocation to and from the centre.

Further details on remote area relieving placements are available via the link provided above.

Alcohol management plans are in force in many of the remote indigenous communities in Queensland. Alcohol management plans apply to teachers appointed or transferred to work in the schools in these communities. As a teacher, you will need to be aware of the plan and the specific restrictions that apply to the community in which you will be working, your obligations in regard to those restrictions and the penalties that apply where the restrictions are not adhered to: Aboriginal and Torres Strait Islander Partnerships (ATSIP) provides a range of information via the Alcohol Management Plans web site.

The ATSIP site provides background information regarding the introduction of alcohol management plans, individual community restrictions, and the plans for and progress of reviews of these existing management arrangements.

Contact School-based personnel requiring further information should contact the human resource officers in their regional office. Regional officers can seek further clarification from Workforce Recruitment and Employment Unit, Human Resources Branch as required.

Coverage • • • •

Permanent full time and part-time teaching personnel, Teachers' Award State, Bands 1, 2 and 3 (including Senior and Experienced Senior Teachers) Education Officers (Special Duties) (EOSD) Instrumental music instructors - permanent employees (with teaching qualifications) Community and Assistant Teachers

Definitions For the purposes of these guidelines, teacher movements are defined as: • • •

placements - this process refers to the management of mandatory teacher movements. Placements are completed independently of the transfer process; transfers - teacher movements that are part of the transfer process; mid-year transfers - teacher movements from nominated Partners for Success schools that occur from the beginning of semester 2 in any given year

Delegated Authority Refer to the Delegations for details of the delegated authority holders for transfer of teaching staff.

Placements Teacher placements that are independent of the transfer process include teachers returning from: • • • • • • • •

family responsibility leave special leave teacher exchange in-service courses ill-health or rehabilitation Education Officer (Special Duties), Education Adviser secondments schools which have closed or where there has been a reduction in a school's establishment part-time employment.

Responsibility for the placement of a teacher lies with the current regional office.

The Director, Workforce Recruitment and Employment, Human Resources, may also make or arrange placements as required.

Teachers returning from family responsibility leave are to be placed in a school location equivalent to their preleave location.

After placement any teacher may be required to transfer. If so, all provisions applying to transfer as outlined in these guidelines apply.

Teachers subject to a placement process may request a transfer in accordance with the provisions of these guidelines.

Transfer types Requested transfer Teachers in remote (level 7) schools may apply after minimum service period of two years. Teachers in all other schools are able to request a transfer subject to a minimum service period of three years in the one school. There is no guarantee of transfer.

Requested transfers will be effected in priority order on the basis of the number of points accumulated, subject to the availability of vacancies across teaching areas and expressed geographic preference.

Required transfer Any teacher may be required to transfer. A required transfer will be effected as necessary to provide for the following: • • • •

to meet the staffing needs of schools throughout the state to create a vacancy in a preferred geographic area for a teacher with a high number of transfer points, who is requesting a transfer to provide a teacher with a range of teaching experiences where it is considered unreasonable for a particular teacher to serve longer in a school/geographic area

A required transfer must be accepted unless the teacher can establish that reasonable grounds exist for not accepting the transfer. All required transfers up to 50 minutes driving time from a teacher's place of residence to a designated base school are deemed to be reasonable. The time is calculated according to the shortest trafficable route but should take into account factors such as road and traffic conditions. Electronic trip planners such as TravelMate and the RACQ trip planner may be used as a guide to assessing approximate driving time.

In effecting a required transfer, Senior Human Resources Consultants will: • •

ensure that the proposed transfer is reasonable fully consider the departmental employment history of the teacher including but not limited to service in rural and remote locations.

If a required transfer necessitates a teacher moving to a new place of residence (eg one city/town to another), transfer expenses are payable in accordance with the relevant directive Transfer and Appointment Expenses and the departmental entitlements information.

Compassionate transfer - exceptional hardship A teacher is able to apply for a compassionate transfer because exceptional hardship exists in respect of the teacher or their immediate family. Applications should be made as the relevant circumstances emerge. There is no minimum length of service required for a compassionate transfer. Accrued transfer point totals are not considered when processing compassionate transfers - exceptional hardship. On lodgement an application will be considered immediately and will remain active unless the circumstances which led to the application alter.

Exceptional hardship grounds include: •

serious medical circumstances and/or the disabilities of a teacher and/or immediate family eg documented specialist advice on a medical condition that requires a teacher to live in a particular location, or documented specialist medical evidence that the existing location's environmental conditions are a catalyst for a chronic medical condition (see note below);

Note: Only specialist medical evidence will be accepted and considered for the purposes of supporting an application for an exceptional hardship transfer. The department reserves the right to contact a specialist medical practitioner directly, with the approval of the teacher.

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a demonstrated/documented hostile environment arising from factors such as potential religious, racial or sexual persecution, or harassment.

Transfer expenses are not provided in cases of an exceptional hardship or pressing personal circumstances compassionate transfer. Consideration may be given to granting transfer expenses to an employee transferred due to pressing personal circumstances where they have completed the minimum required service period for that location for eligibility for transfers.

Compassionate transfer - Pressing personal circumstances A teacher is also able to apply for a compassionate transfer where pressing personal circumstances exist.

Applications should be made as the relevant circumstances emerge. Acceptance of such applications is a matter for consideration by the regional office. The minimum length of service requirement may be waived if required.

Transfer points will apply when processing compassionate transfers - pressing personal circumstances. On lodgement all applications will be considered immediately and will remain active unless the circumstances which led to the application alter.

Pressing personal circumstances include but are not limited to: • • • •

separation from partner lengthy travel requirements, due to departmental transfer, over an extended period serious medical conditions not classed under exceptional hardship transfer of a partner in their employment.

There is no guarantee of transfer.

Compassionate transfers effected on the basis of accrued points following completion of the minimum service at a location/geographic area is considered to be requested transfers (with expenses granted where applicable).

The granting of a compassionate transfer does not preclude a future transfer in accordance with the provisions of this policy. When the compassionate circumstances cease, a required transfer may be effected. In these circumstances transfer points accrued prior to the effecting of the compassionate transfer, then lost as a result of transfer, are to be reassigned to the affected officer’s accumulated points total.

Where a teacher submits an application for compassionate transfer, the onus remains with him/her to submit the necessary documentation to support the application. The teacher must submit further documentation as circumstances change.

Information provided in support of a compassionate transfer request will not be disclosed to parties outside those involved in administering the transfer process.

Teachers not to be transferred A teacher will not be transferred outside their current school if: • • • •

an unsatisfactory work performance process is in progress or if a case is before the Board of Review, unless the transfer is recommended as part of the Board of Review process a formal investigation into their conduct is in progress disciplinary action is in progress, unless the transfer is recommended as part of the disciplinary action, or a probationary period is in place.

Mid-Year Transfers (Partners for Success Schools only) Senior Human Resource Consultants in all regions other than Partners for Success locations need to facilitate the movement of teachers through the mid-year transfer process. Employment of temporary teachers should reflect the capacity to place permanent transfers mid-year.

Note: Applicants for transfer mid-year should note that although every effort will be made to find them a permanent position, there may need to be a final placement determined during the normal transfer process. The applicant will, however, be transferred to one of their nominated regions in the mid-year transfer process.

Length of service in a school Teachers in remote (level 7) schools may apply after minimum service period of two years. Teachers in all other schools are able to request a transfer subject to a minimum service period of three years of employment in the one school except where the transfer is effected in the following circumstances: • • • • •

transfer from locations with a level 7 transfer rating, where a two-year minimum length of service is required transfers to locations with higher transfer ratings transfers to accommodate the staffing cycle transfers on compassionate grounds (exceptional hardship and pressing personal circumstance) transfers that are departmentally required.

Notes for this section only: • • •

the definition of minimum service period of three years includes temporary employment at the same school immediately prior to being made permanent at that location; locations that contain multiple campuses or special education programs count as the same school/location; region discretion may be utilised where extenuating or complex circumstances exist.

There is no guarantee of transfer.

No mandatory maximum length of service provision applies for service at a particular school.

Applicants for mid-year transfers from Partners for Success schools will require a minimum of two years service at their current location. Eligibility of transfer does not guarantee a transfer.

Partnerships The department will endeavour to effect the transfers of employed partners to available vacancies. There is no guarantee of transfer.

For teachers with a non-employed partner the standard provisions of this policy apply. There is no guarantee of transfer.

Cross sector transfers A teacher may request a transfer across teaching sectors. Information must be provided to demonstrate appropriate qualifications, experiences or a capacity to teach in the sector to which the transfer is requested.

Part-time teachers Applications for part-time work or applications to return to full time work Part-time teachers applying to take up part-time work or return to full time status are to be managed in accordance with the relevant industrial instruments and in line with the Department’s policy (Part Time Teaching).

Note: An application to commence part-time work or return to full time work is not an application for transfer. Such movements are “placements” and are considered in the context of the transfer cycle for staffing purposes only.

Application to transfer as a part-time teacher Part-time teachers applying for a transfer will be managed through the Teacher Transfer process and considered within their points cohort. In connection with the permanent part-time teaching guidelines, both management and/or the part-time teacher has the right to negotiate changes to the agreement made between the principal and the teacher. In practical terms, a part-time teacher's fraction and roster should be negotiated for the commencement of each school year.

Employee complaints Required transfers Objections to transfer come under section 134 of the Public Service Act 2008, consequence if transfer refused.

If the objection to a required transfer proceeds to an appeal hearing, the Queensland Industrial Relations Commission considers it in accordance with section 134.

Objection to a required transfer must be based on grounds of reasonableness. The recognition of reasonable grounds for non-acceptance/cancellation of a transfer to a particular school does not exclude a transfer to another school occurring thereafter.

Further information regarding the teacher transfer appeals process is available from your regional office.

Requested non-transfer Objections to a requested non-transfer come under the Request for Review of Requested Non-Transfer Information Statement available from your principal or regional office.

Initially, if a teacher is dissatisfied with the outcome of the teacher transfer process (ie not receiving a transfer), they should discuss their concerns with their principal. If the teacher still has concerns after that discussion, they are entitled to lodge a request for review of requested non-transfer with the relevant regional office.

Objection to a requested non-transfer must be based on grounds of reasonableness.

If the teacher is not satisfied with the outcome of the request for review at the local level, they are entitled to seek a review via an external agency (ie Anti-Discrimination Commission, Judicial Review etc). A teacher is unable to appeal a decision not to be transferred with the Queensland Industrial Relations Commission.

Regional office review (required and requested non-transfer) Upon lodgement of a review request within the prescribed timeframe, a panel will be convened to consider the request. The panel must comprise of at least two members and all reviews must be undertaken in a thorough, fair and impartial manner.

The panel will assess each review request and supporting documentation and the outcome decision against the Teacher Transfer Guidelines. The panel in finalising a request for review can: • • •

confirm the decision not to transfer; set aside the decision not to transfer and substitute another decision; confirm the decision to transfer as a required transfer.

If the review of a requested non-transfer is to set aside the requested non-transfer decision, regional human resource teams will work together to identify a school for the teacher to be transferred to.

If the review of required transfer is to set aside the transfer decision, the teacher will remain at their current school or if necessary be accommodated at another school within the same geographic area.

A statement of reasons indicating what information was considered and how the decision was made must be provided to the teacher when notifying them of the panel’s decision.

Deferment of transfer A teacher may request the deferment of a required transfer. A deferment is considered on the basis of reasonableness and requires that a timeline is established.

Deferment of a required transfer to a particular location does not preclude transfer to another location.

Regional offices will review each deferred transfer. The review process may result in a further transfer in accordance with the provisions of this guideline and before consideration of required or requested transfers.

Teachers granted/seeking leave Applications for leave are to be made to the regional office for the school from which the leave will be taken.

Teachers who have been advised of an impending transfer (next school year), but have yet to take up duty at that new school and who wish to apply for leave for the next school year must apply for leave to the new school to which the transfer will occur.

Teachers who have had an application for special/long service leave approved prior to notification of transfer are entitled to take that leave.

Points accrued for temporary service Teachers appointed permanently, immediately after a temporary engagement or a number of continuous temporary engagements are entitled to use those transfer points accrued during the engagement/s when applying for transfer.

For the purposes of this section, continuous service will be defined as: •

all temporary service provided that breaks in total service do not exceed a total of three months during designated school terms (ie a maximum of 60 working days).

Transfer rating system Introduction Transfer ratings for schools are determined and assigned through the application of the transfer rating system.

There are seven rating levels and points are allocated to each transfer rating. Teachers accrue transfer points based on a school's rating and their period of service in each school location.

Transfer points are the basis for determining the relative priority of requests for transfer.

Method of calculation The transfer rating system is based on four considerations: • • • •

remoteness - calculated on the basis of distance from Brisbane and/or either distance from Toowoomba or coastal centres with a population of over 8 000 (refer Table A) access to and the level of community services - calculated by the distance from, and size of designated service centres (refer Table B) complexity of the school environment - regional advice and moderated centrally organisational staffing requirements - regional advice and moderated centrally.

The ratings were derived using a two stage process. Stage 1 was based on considerations of remoteness and access to and level of community services using a standard model and qualitative data. Stage 2 utilised regional input to adjust the outcomes of Stage 1 to take account of local variations.

Transfer points A teacher's transfer points are calculated in consideration of their last 10 calendar years service with the department, inclusive of the current school year. As each year of service is completed, a teacher's accrued points total is increased by the level of transfer points which their current location attracts but is also decreased by the number of points received for the year of service 10 years earlier.

Table 1 displays the number of points each rating level will attract for each year of service over a 10 year period.

Table 2 illustrates the progressive accrual of these points over the 10 years.

The accrual of transfer points includes an accelerated points concept. This is intended to encourage teachers to remain in a particular school location for an extended period of time in order to provide staffing stability at the school. It can be used to maximise potential transfer applicants' prospects of securing a requested transfer to their preferred geographic area.

After two years in a rating 7 school and three years in a ratings 3-6 school, points are accumulated at an accelerated rate for three years. The accumulation of points reverts to the previous rate after this time.

Where a teacher, who is accruing accelerated points, is transferred from one location to another through a required transfer process, the teacher will continue to accrue accelerated points at the rate of the new location. For all other movement types, transfer points accrue as for the first year of service.

Table 1 - Transfer Rating Model

Year

1

2

3

4

5

6

7

8

9

10

Transfer Points Level 7

11

11

17

20

22

11

11

11

11

11

Level 6

7

7

7

10

12

14

7

7

7

7

Level 5

5

5

5

7

8

10

5

5

5

5

Level 4

4

4

4

6

7

8

4

4

4

4

Level 3

3

3

3

4

5

6

3

3

3

3

Level 2

2

2

2

2

2

2

2

2

2

2

Level 1

1

1

1

1

1

1

1

1

1

1

4

5

6

7

8

9

10

Table 2 - Accumulated Transfer Points

Year

1

2

3

Accumulated Transfer Points Level 7

11

22

39

59

81

92

103

114

125

136

Level 6

7

14

21

31

43

57

64

71

78

85

Level 5

5

10

15

22

30

40

45

50

55

60

Level 4

4

8

12

18

25

33

37

41

45

49

Level 3

3

6

9

13

18

24

27

30

33

36

Level 2

2

4

6

8

10

12

14

16

18

20

Level 1

1

2

3

4

5

6

7

8

9

10

Retention of points On transfer, accrued points will be retained subject to the following exception: loss of all accrued points will occur for either a requested or compassionate transfer when the transfer is effected to the teacher's first preference geographic area or school and the transfer rating level of that area is 3 or less. Transfers which do not meet a teacher's preferred sector requirement/s (primary, secondary, special) but meet their geographic preferences as detailed above, will also result in loss of all accrued transfer points.

Calculation of transfer points In calculating transfer points the following criteria will be used: • • • •

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Teachers will attract transfer points based on their current location. All locations, including schools that have closed in the last 10 years are allocated transfer ratings.

Permanent and permanent part-time placements attract transfer points. Permanent part-time teachers attract transfer points at the full rate.

Points do not accrue during periods of extended special leave.

Teachers who take Family Responsibility leave will have the period of that leave excluded from any accrued points calculation (ie dependent upon timing of that leave, the calculation will be based on the previous ten years of eligible service). If in the ten year period being considered, a teacher has received a transfer, then the retention of points arrangements will be applied in calculating accrued points.

Long service leave will attract transfer points at the rate according to the location from which the leave is taken.

Teachers on approved teacher exchange will accrue one (1) transfer point per year.

Service in schools other than Queensland state schools is not recognised for the purposes of calculation of accrued points.

Where teachers have formally separated from the department (eg by resignation, retirement) and subsequently been readmitted, transfer points will, in most circumstances be calculated only on the period of service since readmission. Service with Education Queensland, prior to separation, will only be recognised for the calculation of transfer points where readmission occurred within 12 months of the date of separation. The period of separation will not attract points.

Secondments to public service positions or to non-departmental locations will accrue one (1) transfer point per year.

Transition arrangements Any new/revised points arrangement will apply from the beginning of a school year only. Where points are changed the transition arrangements will be as follows: • •

Teachers at schools in which the rating has risen in value will accrue points at the higher rating level from the beginning of the year in which the change was effected. No retrospectivity applies.

Teachers at schools in which the rating has fallen in value accrue points at the higher (previous) rating level for a maximum period of three years including the year in which the change was effected.

Any retrospective arrangement applies only to teachers who were already based at a school location prior to the change in points and therefore does not apply to transfers effected for a new school year.

Transfer ratings will be reviewed as required to take account of changes in the components outlined in the method of calculation section. Changes will be made to take effect from the start of each school year. The Workforce Recruitment and Employment Unit is responsible for reviews using a representative process.

Remote Area Incentives Scheme The Remote Area Incentives Scheme uses the ratings provided by the Transfer Rating System to identify those locations included in the scheme. Rating 7 schools are divided into three groups to provide for the payment of the compensation component of the scheme. These groupings are based on the once a year cost of return economy air travel to Brisbane and to a designated coastal location. The groupings are in no way intended to reflect either the difficulties associated with travel from the location, (numbers of and timing of flights) or a perceived difference in the difficulty of service in any one of the locations.

Table A

Coastal/South East Corner Provincial Centres Ayr Beenleigh Bowen Brisbane Bundaberg Caboolture Cairns Caloundra

Gladstone Gold Coast City Gympie Hervey Bay Innisfail Ipswich Mackay Maroochydore/Mooloolaba

Maryborough Nambour Noosa/Tewantin Redcliffe Rockhampton Toowoomba Townsville/Thuringowa

Dysart Emerald Gatton Gayndah Gladstone Gold Coast City Goondiwindi Gympie Hervey Bay Ingham Innisfail Ipswich Kilcoy Kingaroy Longreach Mackay Mareeba Maroochydore/Mooloolaba Maryborough

Monto Moranbah Mossman Murgon Mt Isa Nambour Nanango Noosa/Tewantin Proserpine Redcliffe Rockhampton Roma Sarina Stanthorpe St George Toowoomba Townsville/Thuringowa Warwick Yeppoon

Table B

Service Centres Atherton Ayr Barcaldine Beaudesert Beenleigh Biloela Blackall Blackwater Bowen Brisbane Bundaberg Caboolture Cairns Caloundra Charleville Charters Towers Chinchilla Cloncurry Dalby