Certified/Licensed Employee Right to Appeal of Unsatisfactory Summative Rating Sample Clauses

Certified/Licensed Employee Right to Appeal of Unsatisfactory Summative Rating. State law requires that each school district provide an appeal process to allow Certified/Licensed staff who receive a summative evaluation rating of Unsatisfactory to appeal that rating. The intent of the appeal process is to determine if the summative evaluation rating was appropriately applied. Decisions about a Certified/Licensed employee’s employment status are separate from decisions about final evaluation ratings. The grounds for the appeal of an Unsatisfactory summative rating shall be limited to the following: • The evaluator did not follow evaluation procedures that adhere to the requirements of statute or rule and that failure had a material impact on the final performance evaluation rating that was assigned (e.g. an observation was never completed or feedback was never shared with the Certified/Licensed employee). • The data relied upon to determine the final performance evaluation rating was inaccurately attributed to the teacher (e.g. data included in the evaluation was from students for whom the Certified/Licensed employee was not responsible). A Certified/Licensed employee filing an appeal shall include all grounds for the appeal at the time the appeal is filed. The appeals process shall be voluntary for a Certified/Licensed employee and is initiated only if she/he chooses. The process permits a Certified/Licensed employee to file an appeal to a summative rating of Unsatisfactory to a review panel, composed of an equal number of Certified/Licensed employees and administrators. The burden is on the educator to demonstrate that a rating of Needs Improvement or higher was appropriate. The appealing employee shall be given the opportunity to address and provide evidence to the review panel in person or in writing. Written appeals must be filed no later than 15 days from the receipt of the Summative rating on the appropriate form. The Certified/Licensed employee must enumerate the reasons for appealing the rating by completing the Appeals Form. All documents and relevant information must be included with the appeal. Specifics as to the areas under dispute must be contained within the Appeal. These items create the record of the Appeal. The Appeals Panel may affirm or modify. The Panel will issue a response no more than 30 business days after receipt of the Appeal. The Panel can conduct interviews of the employee and/or administrator. An Association Representative may attend an employee’s interview. The appealing employee has the right to decline...