Section 35036 Of Article 3. Officers And Agents From California Education Code >> Division 3. >> Title 2. >> Part 21. >> Chapter 1. >> Article 3.
35036
. (a) Notwithstanding subdivision (d) of Section 35035, the
superintendent of a school district may not transfer a teacher who
requests to be transferred to a school offering kindergarten or any
of grades 1 to 12, inclusive, that is ranked in deciles 1 to 3,
inclusive, on the Academic Performance Index if the principal of the
school refuses to accept the transfer.
(b) The governing board of a school district may not adopt a
policy or regulation, or enter into a collective bargaining
agreement, that assigns, after April 15 of the school year prior to
the school year in which the transfer would become effective,
priority to a teacher who requests to be transferred to another
school over other qualified applicants who have applied for positions
requiring certification qualification at the school.
(c) The prohibitions in this section shall become operative on
January 1, 2007. If the prohibitions in this section are in direct
conflict with the terms of a collective bargaining agreement in
effect on January 1, 2007, the prohibitions of this section shall
become operative on the employees governed by that agreement upon its
expiration.