Article 10: Evaluation Procedure

10.1 Probationary and temporary unit members shall be evaluated each school year. Permanent (tenured) unit members shall be evaluated every other school year; except that when any permanent unit member has received an “unsatisfactory” evaluation, the employee shall be evaluated annually until the employee achieves a “satisfactory” evaluation or is separated from the District. If a unit member is scheduled to be evaluated during a particular school year, but is granted a leave of absence for one (1) semester or longer, such evaluation shall take place during the first year of return to duty.

10.1.1 The two year cycle set forth in 10.1 above may be extended by one (1) additional year for permanent unit members who have been employed by the District at least ten (10) years, are Highly Qualified as defined in 20 U.S.C. Section 7801 and whose previous evaluation was satisfactory, if the unit member and the evaluator consent to this schedule. The unit member or evaluator may withdraw consent for this evaluation cycle at any time. Although the determination to extend or withdraw consent by the District shall be at the sole discretion of the evaluator, the administrator shall consider the teacher’s input in good faith before making a final decision on the extension.

10.2 With respect to tenured teachers, the school site administrator shall meet with the unit member to discuss on which Path the unit member will be placed. Placement on Path I or Path II shall be made by mutual consent of the teacher and administrator. If, however, the school site administrator’s initial recommendation is to start the teacher on Path I, he or she shall identify the reason(s) the administrator is making this recommendation. A Path I recommendation shall be based on prior teacher performance as reflected in recent evaluations or other performance documentation that are part of the employee’s personnel file. Should the teacher feel differently about the recommendation, the teacher can offer his/her input. The administrator shall consider the teacher’s input in good faith before making a final decision concerning placement. Nothing herein shall preclude placement on Path I if the teacher makes such a request.

10.3 Unit members to be evaluated during a particular school year shall be furnished a copy of the evaluation procedures, advised of the criteria upon which the evaluation is to be based, and notified of the identity of their evaluator no later than the third Friday of October of the year in which the evaluation is to take place. If the identity of the evaluator changes, the District will notify the unit member as soon as is practical.

10.4 The unit member being evaluated and the evaluator shall meet no later than the third Friday of October to discuss the goals, objectives, and/or standards to be achieved during the evaluation period. In addition, a tentative schedule of observations, conferences, and final evaluation date shall be set. The schedule and the number of observations may be changed for good cause.

10.5 During the course of the evaluation period, circumstances may change which require modification of the original objectives and standards. The unit member may initiate a change of these objectives and standards or identify any constraints that may inhibit his/her ability to meet the original objectives and standards.

10.6 The evaluation process shall include the following activities:

For Path I:

A. Formal classroom observations shall last at least thirty (30) minutes; shall be made known to the unit member at least two (2) days prior to their occurrence; shall be followed by an evaluation conference within eight (8) days of the observation; and shall be two (2) in number during the evaluation year. A unit member who receives a negative evaluation shall, upon request, be entitled to additional classroom observations, evaluation conferences, and written evaluations. Such entitlement includes a pre-observation conference.

B. In the case of unsatisfactory progress on an evaluation(s), the evaluator shall take action to assist the unit member in correcting any cited deficiencies. Such action shall include, but not be limited to, the following:

1) Specific recommendations for improvement.

2) Direct assistance to implement such recommendations, or additional resources to be utilized to assist with improvement.

3) Techniques to measure improvement.

4) Time schedule to monitor progress and reevaluate the unit member.

5) And any other techniques which the evaluator believes would be helpful.

C. In preparing the final evaluation form for placement in the unit member’s personnel file, the evaluator shall rely primarily, but not exclusively, upon data collected through formal classroom observations and evaluation conferences. Any deficiencies which may have been brought to the attention of the unit member, and subsequently corrected, shall not be included in the final evaluation form.

For Path II:

Unit members shall follow the process outlined in the Certificated Evaluation and Professional Growth Plan.

10.7 A unit member shall not be evaluated on or held accountable for any aspect of the educational program over which the unit member has no authority or ability to correct.

10.8 A final evaluation conference between the unit member and evaluator shall be held no later than thirty (30) calendar days prior to the end of the school year to discuss the content of the final evaluation form. In the event the unit member disputes the content, the unit member may prepare a written statement which shall be attached and incorporated into the final evaluation. The judgment of the evaluator shall not be subject to the grievance procedures of this Agreement.

10.9 Unit members shall not participate in the evaluation(s) and/or observations of other unit members.

10.10 The evaluation of unit members, pursuant to this Article, shall not include or be based upon the following:

A. Standardized achievement test results;

B. Results of any tests utilized for the purpose of a School Improvement Plan;

C. Achievement of objectives stated in Individual Educational Programs (IEPs) of special education students; and,

D. The success, or lack thereof, of an instructional assistant or clerical aide in the performance of tasks assigned by the unit member.

10.11 A probationary unit member shall be evaluated under this article without regard to whether the Board elects not to reemploy him/her for the ensuing school year. He/she shall have a right to a copy of all evaluation documents.

10.12 All final evaluation records and reports shall be maintained in the unit member’s personnel file.

Personnel File

10.13 There shall be a single personnel file for each unit member. Personnel files shall be kept in the central administrative office of the District.

10.14 Materials in the personnel file of a unit member, except as noted below, shall be made available for inspection by the unit member involved. Upon written authorization by the unit member, an Association representative may review the unit member’s file or accompany the unit member in his/her review of the file. Material which may be excluded from inspection shall be limited to ratings, reports, or records which:

A. Were obtained prior to the employment of the unit member involved;

B. Were prepared by identifiable examination committee members; and,

C. Were obtained in connection with a promotional examination

10.15 Unit members shall have the right to inspect and obtain a copy of their personnel file materials, upon request, provided that the request is made at a time when the unit member is not actually required to render teaching services to the District.

10.16 Except in the case of letters of reprimand, information of a derogatory nature shall not be entered or filed unless and until the unit member is given notice and an opportunity to review and comment thereon. A unit member shall have the right to enter, and have attached to any such derogatory statement, his/her own comments thereon. Such review, and any preparation of comments in response to the material and/or statement, shall take place during normal business hours, and the unit member shall be released from duty for this purpose without salary reduction. If the unit member alleges that the material is false and/or based on unsubstantiated hearsay, a grievance may be initiated to determine the validity of such material. The material shall not be entered or filed unless and until such grievance sustains the material. In the event the District fails to comply with the provisions of this section, such material must be destroyed and shall not be used against the unit member.

10.17 All material placed in a unit member’s personnel file shall be dated and signed by the person who caused the material to be prepared.

10.18 Access to a unit member’s personnel file shall be limited to a “need to know” basis. Access authorization must be obtained from either the Superintendent or Assistant Superintendent, Personnel Services. The contents of all personnel files shall be kept in strictest confidence. The District shall keep a log indicating the persons who have requested to examine a personnel file, as well as the dates such requests were made. Such log shall be available for examination by the unit members or their authorized Association representative.

Complaint Procedure

10.19 No negative evaluation shall be predicated upon information or material of a derogatory or critical nature which has been received by the evaluator unless the following procedures have been followed:

A. Any complaint about a unit member shall be reported to the unit member by the administrator receiving the complaint, within fifteen (15) work days of receipt, if the complaint may be used in the unit member’s evaluation.

B. Should the involved unit member believe the allegations in the complaint warrant a meeting, the immediate supervisor shall attempt to schedule a meeting between the unit member and the complainant. At the request of the unit member, an Association representative may be present at the meeting. If the complainant refuses to attend the meeting, the complaint shall not be utilized by the District in any evaluation of the unit member.

C. If the matter is not resolved at the meeting to the satisfaction of the complainant, he/she shall put the complaint in writing and submit the original to the unit member, with a copy to the unit member’s immediate supervisor. If no written complaint is received, the matter shall be dropped.

10.20 Complaints which are withdrawn, shown to be false, or are based on unsubstantiated hearsay or rumor, shall not be kept by the District nor utilized in any evaluation.

Academic Freedom

10.21 It is the policy of the District that all instruction shall be fair, accurate, objective, and appropriate to the age, maturity, and grade level of the student(s), and sensitive to the community standards, community needs, and the needs and values of our diverse cultures and heritages. Academic freedom is essential to the fulfillment of this policy and the District acknowledges the fundamental need to protect unit members from any censorship or restraint which might interfere with the unit members’ obligation to pursue truth in performance of their teaching functions. Within these District policy standards:

A. A unit member shall have reasonable freedom in the classroom presentations and discussions and may introduce balanced political, religious or otherwise controversial material, provided that said material is relevant to the course content and within the scope of the law.

B. In performing teaching functions, unit members shall have reasonable freedom to express their opinions on all matters relevant to the course content, in an objective manner. A unit member, however, shall not utilize his/her position to indoctrinate students with his/her own personal, political and/or religious views.

10.22 The personal life of a unit member is not an appropriate concern of the District for purposes of evaluation unless it prevents or interferes with the unit member’s performance of his/her duties.

10.23 A unit member shall be entitled full rights of citizenship, and no religious or political activities, or lack thereof, of any unit member shall be used for purposes of evaluation unless said activities violate local, state, or federal law.