Q The superintendent of my school district wishes to transfer a non-certified employee from one position in the district to another. This is to replace a retiring employee, and will result in an increase in salary for the employee reassigned. Does this reassignment have to come before the board for approval or can the superintendent make the reassignment without board approval?

A A superintendent may reassign non-instructional employees to lateral positions within the district, subject to review by the school board upon the request of the affected employee. The superintendent should make a factual determination that indeed the reassignment is lateral and is not a promotion. A slight increase in pay does not per se constitute a promotion, in that other factors, such as assignment to a position of greater responsibility, would apply in determining whether or not a reassignment is a promotion. (Attorney General’s Opinion to Bridgeforth, June 26, 2014)