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Teacher transfers and reassignments

Can teachers be transferred or reassigned any time their administration decides to move them?

While it may seem unfair, unjust and downright wrong, school districts have an almost absolute right to transfer or reassign teachers at any time for any reason.

With the exception of the diminishing number of teachers on continuing contracts, most teachers sign a contract every year or two. Although you might not have read your contract in great detail, it always includes a clause stating, for example, that each teacher "shall be subject to assignment and reassignment of positions or duties, additional duties, changes in responsibilities or work, transfers, or reclassification at any time during the contract term."

School district authority to reassign or transfer a teacher is typically explicit both in the teacher’s contract and in local policies. A complete copy of your school district’s policies should be available in your personnel office, and a growing number of districts have these documents online.

If your district subscribes to the Texas Association of School Boards policy service, the policies specifically addressing the ability of the superintendent to reassign/transfer a teacher are Policy DK (local) and BJA (local). A typical DK (local) policy reads as follows:

"All personnel are employed subject to assignment and reassignment by the superintendent or designee."

A typical BJA (local) policy, under the personnel management section, reads as follows:

"[A superintendent can] Assign and reassign all personnel; exercise final placement authority for educators transferred because of enrollment shifts or program changes."

When you consider these several grants of authority in conjunction, it becomes clear why school districts have almost an absolute authority to reassign/transfer a teacher at any time.

Challenging the district action

Although you, as a teacher, may be reassigned or transferred, it is not to say that you do not have an avenue to challenge the reassignment/transfer. The most formal avenue is to file a grievance to what is, in most districts, Policy DGBA (local).

The grievance process is a procedure every district uses to enable employees to file formal complaints regarding any condition of work. Most policies allow 15 calendar days for initially filing a grievance, and generally this timeline is strictly followed. Once you know or should know about your reassignment or transfer, you have 15 calendar days to file a grievance. Some district policies allow for a longer (or shorter) period of time, so you MUST read your district DGBA policy to ensure that you file a grievance in a timely manner.

A reassignment or transfer would be grounds for filing a grievance. Although you, as a teacher, have an absolute right to file a grievance, you should be aware that the chances for success are not great unless you can show an impermissible motive for the action.

If you can show that the school district reassigned you for an impermissible reason (for example, race, sex, national origin or religion), you would have a higher likelihood of success. Providing evidence of an illegal motive, however, is not an easy task; you must show that the reassignment/transfer was directly related to the impermissible reason. If the district has evidence to show that the action was based on any other reason, even if the other reasons are rather mundane, you most likely will not be successful in challenging the action.

A reduction in pay is another factor that is considered during the reassignment/transfer grievance process. Action that results in a pay reduction might provide a financial reason to successfully grieve the action; however, if the district pays the difference in salary, this argument would not be valid.

Bringing a grievance will ultimately allow you to reach the school board level, which on occasion results in a favorable outcome for the teacher even in the absence of a strong legal argument. If you can persuade your local school board that you were treated unfairly or that a better alternative was available, it is possible that the board could grant the relief requested in your grievance. More commonly, however, local boards are urged to support the administration and not interfere in management decisions. This usually results in the board’s ratification of the administration’s action.

Movement to an area for which you are not certified

A final reassignment/transfer issue that is highly problematic involves moving a certified teacher to a teaching position for which he/she is not certified. Surprisingly, districts DO have the right to take this action. Under the authority of the Texas Administrative Code, a school district can apply for an emergency permit for a certified teacher who was employed by the district in the previous year or semester in a position for which he/she was certified to teach. The authority is granted in the Texas Administrative Code Title 19, Sec. 230.501.

If the requirements in this provision are satisfied, the district has the authority to require reassignment/transfer. The good news is that the district can get the emergency permit for only one year. If you are placed in this situation, you can file a grievance and challenge the district’s decision. If your grievance is unsuccessful, and you will likely be unsuccessful if the district has followed the proper procedures, you should file a written request to be reassigned back to a position for which you are certified once a position becomes available.

TCTA members with additional questions or who would like to discuss this issue in more detail are encouraged to contact the TCTA legal department at 888-879-8282 or submit a question via our Ask-A-Lawyer form .

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Disciplinary Actions

Despite many attempts to undercut it, section 3020-a of the State Education Law provides for due process before a tenured teacher or pedagogue can be disciplined or terminated, including for charges such as incompetence, corporal punishment, insubordination or sexual or financial misconduct.

If the DOE serves you with disciplinary charges under section 3020-a, you should immediately go to your UFT borough office. You will be assisted in filing the necessary forms and arrange, if you choose, for you to be assigned legal counsel from NYSUT. A hearing officer (neutral arbitrator) jointly agreed upon by the UFT and the DOE will conduct a hearing, and if you are found guilty of any of the charges, discipline may be imposed. The discipline can range from a written reprimand to a monetary fine, suspension without pay to the loss of your job. If you are terminated, you will lose your New York City teaching license(s). However, your permanent state certification cannot be revoked without another hearing.

In some cases, teachers who are awaiting disciplinary charges are removed from their schools. Teachers can be reassigned to a DOE administrative office, given an administrative assignment within their school or in rare cases (i.e. sexual or financial misconduct) suspended without pay until the investigation is completed or the 3020-a hearing is finished. Unless there are unusual circumstances, allegations being investigated by principals will not result in a teacher being removed from their school. For those allegations not being investigated by principals, the Office of Special Investigations (OSI) will conduct the investigation. OSI must make every effort to complete investigations within 60 days. If a teacher is being investigated by the Office of the Special Commissioner of Investigations (SCI), the DOE is required to notify the teacher.

Further, teachers must be formally charged under section 3020-a within 60 days from being reassigned for misconduct if the investigation is being conducted by OSI. If you are being investigated by SCI for either financial or sexual misconduct, you must be formally charged within 15 days of the report being issued. If teachers are returned to their school, the DOE may still bring disciplinary charges. If teachers have not been charged within the requisite time frame and have not been returned to their school, they should speak to their chapter leader and district representative who can help them file a grievance.

You are paid while you are reassigned except if you were found guilty or pled guilty to any felony. The DOE can request a special hearing before an impartial arbitrator to determine whether there is sufficient evidence (probable cause) that you engaged in serious misconduct to warrant a suspension without pay for up to two or three months.

For more information, see Article 21C of the contract.

As a result of the 2018 Department of Education - UFT contract negotiations, paraprofessionals can no longer be indefinitely suspended while an investigation is pending. The DOE Office of Personnel Investigations (OPI) must first conduct an individualized review of the allegations to determine whether the allegations constitute “serious misconduct” or “sexual misconduct” as defined by the Teachers’ Contract. If OPI determines the allegations constitute “serious" or “sexual misconduct,” the paraprofessional may be removed from payroll for up to two months. If the DOE seeks to extend the suspension for an additional month or to suspend a para for another type of significant violation, a probable cause hearing before a neutral arbitrator must take place. If the arbitrator finds the DOE does not have probable cause, the paraprofessional remains on or is returned to payroll. Like teachers, a paraprofessional who has been convicted of or has pled guilty to any felony that does not constitute “serious" or "sexual misconduct” can be suspended without pay, pending final disciplinary action by the DOE.

If the allegations against the paraprofessional are unsubstantiated and no further disciplinary action was taken based on the same conduct at issue in the investigation, within 30 days, the para will receive back pay and be made whole for the time of the suspension. If allegations are substantiated, the DOE has the right to impose discipline. However, any period of suspension will count towards the discipline.

With the ratification of the 2023 DOE-UFT contract , upon request, an employee will receive notification in writing of the determination of an investigation conducted by the DOE’s Office of Special Investigations or its Office of Equal Opportunity. Previously, the employee under investigation could be left in the dark.

Other updates from the 2023 contract: 

Appointment of hearing officers

The DOE and the UFT will, by mutual agreement, assign hearing officers from the Administrative Trials Unit (ATU) and the Teacher Performance Unit (TPU) panels to conduct 3020-a hearings.

Remote Hearing Memorandum

The UFT and the DOE agree to incorporate the previously issued joint letter concerning witness instructions to the Remote Hearing Memorandum of Agreement.

Remote Hearing MOA

The terms of the Remote Hearing Memorandum of Agreement dated Sept. 20, 2020, will remain in effect through the end of the 2024-25 school year. Thereafter, these terms will continue for the remainder of the term of this contract unless either the DOE or the UFT gives notice no later than April 1 of each school year.

Pre-hearing Conferences

A pre-hearing conference must be held within 15 days (previously 10) of the DOE’s receipt of the request for a hearing from an employee brought up on 3020-a charges.

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Anchorage teacher put on administrative leave after post by prominent right-wing social media account

The Anchorage School District building. (Bill Roth / ADN)

An Anchorage high school teacher was put on administrative leave Thursday after a post made the day before by an incendiary social media account with millions of followers.

The original post on X, the platform formerly known as Twitter, included the full name of a Dimond High School teacher along with a short video clip that shows the teacher in a classroom. The account, Libs of TikTok, accuses them of being dressed inappropriately and identifies the teacher as nonbinary. The post has since been shared nearly 10,000 times, and has also been shared widely on other platforms and amplified by local websites. A later post said the teacher had shared sexual content online.

An Anchorage School District spokesman on Thursday said the district would not answer further questions about why the teacher had been put on administrative leave, citing the ongoing investigation.

The spokesman said threats had been made against the principal and the teacher after the posts, and that those threats have been referred to the Anchorage Police Department.

Libs of TikTok is a prominent far-right social media account with 2.9 million followers on X that frequently targets members of the LGBTQ+ community. It was created by activist Chaya Raichik , a former Brooklyn real estate agent.

The account’s posts often go viral. Some have been linked to bomb threats , policy and funding changes and accounts of death threats and online harassment. A teacher in Texas resigned earlier this month after the account posted a video him wearing a pink dress at school. According to the Associated Press, the account “features anti-trans posts and clips of public school teachers aimed at generating right-wing outrage.”

On Wednesday, soon after the original post was shared, Dimond High School principal Tina Johnson-Harris sent a message to families that addressed “a situation involving a member of our Dimond High School staff.”

“Unfortunately, this employee is the subject of focus on social media and other media platforms. We have reviewed the relevant information and found that the communications are malicious and harassing in nature, and were taken out of context,” Johnson-Harris said.

A day later, Johnson-Harris sent an update sharing that the staff member, whom the school district hasn’t named, had been put on administrative leave “pending the outcome of our investigation.”

“We understand you have many questions. However, because this is a personnel matter, we cannot provide additional information at this time,” Johnson-Harris said in the Thursday message, asking teachers and family members to reach out directly with any questions.

“Thank you for reaching out to me to voice your concerns,” she said. “We take them seriously and will continue to foster a safe and inclusive campus while ensuring a stable learning environment.”

In a post on X on Thursday, Libs of TikTok shared a screenshot of the Dimond High principal’s message that the teacher had been placed on administrative leave.

Annie Berman

Annie Berman is a reporter covering health care, education and general assignments for the Anchorage Daily News. She previously reported for Mission Local and KQED in San Francisco before joining ADN in 2020. Contact her at [email protected].

• Laws and Rules
• State Board for Educator Certification Rules - Texas Administrative Code

19 TAC Chapter 231

Requirements for public school personnel assignments.

The links below provide PDF versions of each subchapter. You may also access a  PDF version of the Chapter 231 table of contents .

A free PDF reader is available on the Adobe website .

State Board for Educator Certification Rules

Subchapter a. criteria for assignment of public school personnel.

§231.1. Criteria for Assignment of Public School Personnel

Subchapter B. Prekindergarten-Grade 6 Assignments

§231.3. General Education, Prekindergarten §231.5. Bilingual, Prekindergarten §231.7. English as a Second Language, Prekindergarten §231.9. General Education, Kindergarten §231.11. Bilingual, Prekindergarten-Grade 6 §231.13. English as a Second Language, Prekindergarten-Grade 6 §231.15. Elementary, Prekindergarten-Grade 6 §231.17. Reading, Prekindergarten-Grade 6 §231.19. Languages Other Than English, Prekindergarten-Grade 6 §231.21. Art, Prekindergarten-Grade 6 §231.23. Music, Prekindergarten-Grade 6 §231.25. Theatre, Prekindergarten-Grade 6 §231.27. Physical Education, Prekindergarten-Grade 6 §231.29. Technology Applications, Prekindergarten-Grade 6 §231.31. Health Education, Prekindergarten-Grade 6

Subchapter C. Grades 6-8 Assignments

§231.41. Self-Contained, Grades 6-8 §231.43. All General Subjects, Grade 6 §231.45. English Language Arts, Grades 6-8 §231.47. English as a Second Language, Grades 6-8 §231.49. Reading (At or Above Grade Level), Grades 6-8 §231.51. Reading Improvement (One Year or More Below Grade Level), Grades 6-8 §231.53. Speech, Grades 6-8 §231.55. Languages Other Than English, Grades 6-8 §231.57. Social Studies, Grade 6 §231.59. Social Studies, Grades 7 and 8 §231.61. Mathematics, Grades 6-8 §231.63. Science, Grade 6 §231.65. Science, Grades 7 and 8 §231.67. Health, Grades 6-8 §231.69. Physical Education, Grades 6-8 §231.71. Art, Middle School 1-3 §231.73. Music, Middle School 1-3 §231.75. Theatre, Middle School 1-3 §231.77. Technology Applications, Grades 6-8 §231.79. Career Development, Grades 6-8 §231.81. Dance, Middle School 1-3

Subchapter D. Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments

§231.91. Reserve Officer Training Corps §231.93. Athletics, Cheerleading, Drill Team, Marching Band §231.95. Disciplinary Alternative Education Programs §231.97. Innovative Course §231.99. Local Credit Course §231.101. Advanced Placement Course; International Baccalaureate Course §231.103. Driver Education, Grades 9-12

Subchapter E. Grades 9-12 Assignments

Division 1. English Language Arts and Reading, Grades 9-12 Assignments

§231.121. English I-IV, Grades 9-12 §231.123. English I and II for Speakers of Other Languages, Grades 9-12 §231.125. English as a Second Language, Grades 9-12 §231.127. Reading I, II, and III, Grades 9-12 §231.129. College Readiness and Study Skills, Grades 9-12 §231.131. Writing, Grades 9-12 §231.133. Speech, Grades 9-12 §231.135. Journalism, Grades 9-12

Division 2. Languages Other Than English, Grades 9-12 Assignments

§231.151. Languages Other Than English, Grades 9-12 §231.153. American Sign Language, Grades 9-12

Division 3. Social Studies, Grades 9-12 Assignments

§231.161. History, Grades 9-12 §231.163. Geography, Grades 9-12 §231.165. Government, Grades 9-12 §231.167. Psychology, Grades 9-12 §231.169. Sociology, Grades 9-12 §231.171. Special Topics in Social Studies, Grades 9-12 §231.173. Economics with Emphasis on the Free Enterprise System and Its Benefits, Grades 9-12 §231.175. Personal Financial Literacy, Grades 9-12 §231.177. Ethnic Studies, Grades 9-12

Division 4. Mathematics, Grades 9-12 Assignments

§231.191. Mathematics, Grades 9-12 §231.193. Algebraic Reasoning, Grades 9-12 §231.195. Statistics, Grades 9-12

Division 5. Science, Grades 9-12 Assignments

§231.201. Biology, Grades 9-12 §231.203. Chemistry, Grades 9-12 §231.205. Physics, Grades 9-12 §231.207. Integrated Physics and Chemistry, Grades 9-12 §231.209. Principles of Technology, Grades 9-12 §231.211. Astronomy, Grades 9-12 §231.213. Earth and Space Science, Grades 9-12 §231.215. Environmental Systems, Environmental Science, and Aquatic Science, Grades 9-12 §231.217. Anatomy and Physiology, Medical Microbiology, and Pathophysiology, Grades 9-12 §231.219. Scientific Research and Design, Grades 9-12

Division 6. Health and Physical Education, Grades 9-12 Assignments

§231.231. Health and Physical Education, Grades 9-12

Division 7. Fine Arts, Grades 9-12 Assignments

§231.241. Art, Music, Theatre, and Dance, Grades 9-12

Division 9. Career Development, Grades 9-12 Assignments

§231.271. Career Development, Grades 9-12

Division 10. Agriculture, Food, and Natural Resources, Grades 9-12 Assignments

§231.281. Agriculture, Food, and Natural Resources, Grades 9-12 §231.283. Advanced Animal Science and Advanced Plant and Soil Science, Grades 9-12 §231.285. Agribusiness Management and Marketing, Grades 9-12 §231.287. Mathematical Applications in Agriculture, Food, and Natural Resources, Grades 9-12 §231.289. Agricultural Equipment Design and Fabrication; Agricultural Structures Design and Fabrication; Agricultural Mechanics and Metal Technologies; Agricultural Power Systems, Grades 9-12 §231.291. Floral Design, Grades 9-12 §231.293. Energy and Natural Resource Technology, Grades 9-12

Division 11. Architecture and Construction, Grades 9-12 Assignments

§231.301. Principles of Architecture; Principles of Construction, Grades 9-12 §231.303. Interior Design, Grades 9-12 §231.305. Architectural Design, Grades 9-12 §231.307. Construction Management; Construction Technology, Grades 9-12 §231.309. Building Maintenance Technology, Grades 9-12 §231.311. Mill and Cabinetmaking Technology, Grades 9-12 §231.313. Electrical Technology; Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration Technology; Masonry Technology; and Plumbing Technology, Grades 9-12

Division 12. Arts, Audio/Video Technology, and Communications, Grades 9-12 Assignment

§231.331. Professional Communications, Grades 9-12 §231.333. Principles of Arts, Audio/Video Technology, and Communications, Grades 9-12 §231.335. Animation, Grades 9-12 §231.337. Audio/Video Production; Graphic Design and Illustration, Grades 9-12 §231.339. Photography, Grades 9-12 §231.341. Printing and Imaging Technology, Grades 9-12 §231.343. Fashion Design, Grades 9-12

Division 13. Business Management and Administration, Grades 9-12 Assignments

§231.361. Business Information Management; Business Law; and Touch System Data Entry, Grades 9-12 §231.363. Business Management; Business Lab; Global Business; Human Resources Management; Principles of Business, Marketing, and Finance; and Virtual Business, Grades 9-12 §231.365. Business English, Grades 9-12

Division 14. Education and Training, Grades 9-12 Assignments

§231.381. Education and Training, Grades 9-12 §231.383. Human Growth and Development, Grades 9-12

Division 15. Finance, Grades 9-12 Assignments

§231.391. Banking and Financial Services, Grades 9-12 §231.392. Money Matters, Grades 9-12 §231.393. Accounting I; Financial Analysis; Insurance Operations; and Securities and Investments, Grades 9-12 §231.394. Statistics and Business Decision Making, Grades 9-12 §231.395. Financial Mathematics, Grades 9-12 §231.397. Accounting II, Grades 9-12

Division 16. Government and Public Administration, Grades 9-12 Assignments

§231.401. Government and Public Administration, Grades 9-12 §231.403. Revenue, Taxation, and Regulation, Grades 9-12 §231.405. National Security, Grades 9-12

Division 17. Health Science, Grades 9-12 Assignments

§231.421. Health Science, Grades 9-12 §231.423. Anatomy and Physiology, Medical Microbiology, Pathophysiology, and Respiratory Therapy I, Grades 9-12 §231.425. Mathematics for Medical Professionals; Medical Coding and Billing, Grades 9-12 §231.427. Health Informatics, Grades 9-12 §231.429. Healthcare Administration and Management; Leadership and Management in Nursing, Grades 9-12.

Division 18. Hospitality and Tourism, Grades 9-12 Assignments

§231.441. Hospitality and Tourism, Grades 9-12 §231.443. Culinary Arts, Grades 9-12 §231.445. Food Science, Grades 9-12

Division 19. Human Services, Grades 9-12 Assignments

§231.461. Human Services, Grades 9-12 §231.463. Lifetime Nutrition and Wellness, Grades 9-12 §231.465. Counseling and Mental Health, Grades 9-12 §231.467. Dollars and Sense, Grades 9-12 §231.469. Cosmetology, Grades 9-12

Division 20. Information Technology, Grades 9-12 Assignments

§231.481. Information Technology, Grades 9-12 §231.483. Digital Media, Grades 9-12 §231.485. Web Communications, Web Design, Grades 9-12 §231.487. Computer Maintenance, Grades 9-12 §231.489. Computer Technician; Information Technology, Grades 9-12 §231.491. Independent Study in Evolving/Emerging Technologies, Independent Study in Technology Applications, Grades 9-12

Division 21. Law, Public Safety, Corrections, and Security, Grades 9-12 Assignments

§231.501. Law, Public Safety, Corrections, and Security, Grades 9-12 §231.503. Forensic Science, Grades 9-12

Division 22. Manufacturing, Grades 9-12 Assignments

§231.521. Manufacturing, Grades 9-12 §231.523. Welding, Grades 9-12 §231.525. Manufacturing Engineering Technology II, Grades 9-12

Division 23. Marketing, Grades 9-12 Assignments

§231.541. Marketing, Grades 9-12 §231.543. Advertising, Grades 9-12 §231.545. Fashion Marketing, Grades 9-12 §231.547. Entrepreneurship, Grades 9-12

Division 24. Science, Technology, Engineering, and Mathematics, Grades 9-12 Assignments

§231.561. Principles of Applied Engineering, Grades 9-12 §231.563. Principles of Biosciences, Grades 9-12 §231.565. Biotechnology I; Biotechnology II, Grades 9-12 §231.567. Engineering Design and Presentation, Grades 9-12 §231.569. Engineering Mathematics; Robotics II, Grades 9-12 §231.571. AC/DC Electronics; Solid State Electronics, Grades 9-12 §231.573. Principles of Technology, Grades 9-12 §231.575. Engineering Design and Problem Solving, Grades 9-12 §231.577. Scientific Research and Design, Grades 9-12 §231.579. Engineering Science, Grades 9-12 §231.581. Digital Electronics, Grades 9-12 §231.583. Robotics I, Grades 9-12 §231.585. Computer Science, Grades 9-12 §231.587. Fundamentals of Computer Science, Advanced Placement Computer Science Principles, Grades 9-12 §231.589. Game Programming and Design, Grades 9-12 §231.591. Mobile Applications Development, Grades 9-12 §231.593. Cybersecurity, Grades 9-12 §231.595. Discrete Mathematics for Computer Science, Grades 9-12

Division 25. Transportation, Distribution, and Logistics, Grades 9-12 Assignments

§231.631. Transportation, Distribution, and Logistics, Grades 9-12 §231.633. Small Engine Technology, Grades 9-12

Division 26. Energy, Grades 9–12 Assignments

§231.651. Energy, Grades 9–12

Subchapter F. Special Education-Related Services Personnel Assignments

§231.701. Special Education Teacher §231.703. Teacher of Adaptive Physical Education §231.705. Full-Time Teacher of Orthopedically Impaired or Other Health Impaired in a Hospital Class or Home-Based Instruction §231.707. Teacher of Students with Visual Impairments §231.709. Teacher of Students with Auditory Impairments §231.711. Teacher of Gifted and Talented Students §231.713. Special Education Counseling Services; Educational Diagnostician; Speech Therapy Services; and Vocational Adjustment Coordinator

Subchapter G. Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments

§231.751. Educational Aide §231.753. Administrators and Other Instructional and Professional Support Personnel §231.755. Professional Support Personnel Requiring Other Professional License