Common use of DISMISSAL BASED ON PERFORMANCE Clause in Contracts

DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not dismiss a teacher for unsatisfactory performance except where the Board has received three consecutive reports pursuant to Article C.28 Evaluation of this agreement indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactory. 2. The reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 Evaluation of this agreement, and in accordance with the following conditions: a. The reports shall have been issued in a period of not less than twelve (12) or more than twenty-four (24) months exclusive of leave of absence in excess of one (1) month. The evaluation process shall not resume within twenty (20) working days of the return from such leave of absence, all of which is excluded from the twenty-four (24) months. In the event that a teacher receives a less than satisfactory report, the teacher may; i. request a transfer in which case the Board shall make all reasonable efforts to arrange the transfer of the teacher to a suitable assignment or school; or ii. request and be granted leave of absence without pay of up to one year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three (3) months or more than six (6) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) months. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 3. Where the Board intends to dismiss a teacher on grounds of a less than satisfactory teaching situation, it shall, no later than two (2) calendar months prior to the intended termination date, notify the teacher and the president of the Union of such intention and provide an opportunity for the teacher and the teacher’s representative to meet with the superintendent and the Board within fourteen (14) days of such notice. 4. Where the Board decides to dismiss a teacher for unsatisfactory performance, it shall, no later than one month prior to the termination date, issue notice of dismissal setting out the grounds for such action.

DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not may dismiss a teacher for unsatisfactory "less than satisfactory" performance except where the Board has received at least three (3) consecutive reports reports, pursuant to Article C.28 Evaluation of this agreement C.25 (Evaluation), indicating that the work teacher's performance of the teacher and/or the learning situation in the class or classes teaching duties of the teacher is "less than satisfactory". 2. The reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 Evaluation of this agreement, C.25 (Evaluation) and also in accordance with the following conditions: a. The reports shall have been be issued in a period of not less than twelve (12) or calendar months and not more than twenty-four (24) months exclusive calendar months. b. The period defined in Article C.26.2.a above shall not include the time during which the teacher is participating in an agreed upon plan of assistance pursuant to Article C.25.1.q (Evaluation). c. Absences on sick leave or other leaves of absence shall not be included in excess the calculation of the period referred to in Article C.26.2.a. d. When a teacher is absent on sick leave or other leave for greater than one (1) month, any subsequent evaluation or continuation of an evaluation which has already commenced will not occur for at least one (1) month; or at least two (2) months if the absence is greater than six (6) months or at least three (3) months if the absence is greater than one (1) year. The evaluation process Such a period shall not resume within twenty (20) working days be included in the calculation of the return from such leave period referred to in Article C.26.2.a. e. At least one of absencethe three reports shall be the report of the: i. Superintendent; or ii. Deputy Superintendent; or iii. Assistant Superintendent(s). f. After the first "less than satisfactory" report, all the other reports shall include only reports of which the: i. Superintendent; or ii. Deputy Superintendent; or iii. Assistant Superintendent(s); or iv. supervising Administrative Officer. g. No two (2) consecutive reports on a teacher shall be written by the same evaluator. h. Where a third report is excluded to be written, the teacher may request a different evaluator to be selected from the twenty-four (24) monthslist in Article C.26.2.f. i. The reports shall be written independently. 3. In Upon receipt of the event that a teacher receives a first "less than satisfactory satisfactory" report, the teacher may;: i. a. request a transfer transfer, in which case the Board shall make all reasonable efforts to arrange the a transfer of the teacher to a suitable mutually agreeable assignment or school; or ii. b. request and and, where appropriate in the opinion of the Superintendent or designate, be granted a leave of absence without pay of up to one year for the purpose of taking a program of professional or academic instruction, in which . In this case a subsequent evaluation shall be undertaken not less than three (3) months or nor more than six (6) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) months. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 34. Where the Board intends to dismiss a teacher on grounds of a "less than satisfactory satisfactory" performance of the teaching situationduties of the teacher, it shall, : a. no later than two (2) calendar months prior to the intended termination date, notify the teacher and the president President of the Union Association of such intention and intention; and b. provide an opportunity for the teacher and representative of the teacher’s representative Association to meet with the superintendent Superintendent and the Board within fourteen (14) days of such notice. 45. Where Where, subsequent to such meeting, the Board decides to dismiss a teacher for unsatisfactory performancepursuant to this Article, it shall, no later than one (1) month prior to the termination date, date issue notice of dismissal dismissal, setting out the grounds for such action.

DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not dismiss a teacher for unsatisfactory performance except where the Board has received three consecutive reports pursuant to Article C.28 Evaluation of this agreement indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactory. 2. The reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 Evaluation of this agreement, and in accordance with the following conditions: a. The reports shall have been issued in a period of not less than twelve (12) or more than twenty-four (24) months exclusive of leave of absence in excess of one (1) month. The evaluation process shall not resume within twenty (20) working days of the return from such leave of absence, all of which is excluded from the twenty-four (24) months. In the event that a teacher receives a less than satisfactory report, the teacher may; i. request a transfer in which case the Board shall make all reasonable efforts to arrange the transfer of the teacher to a suitable assignment or school; or ii. request and be granted leave of absence without pay of up to one year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three (3) months or more than six (6) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) months. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 3. Where the Board intends to dismiss a teacher on grounds of a less than satisfactory teaching situation, it shall, no later than two (2) calendar months prior to the intended termination date, notify the teacher and the president of the Union of such intention and provide an opportunity for the teacher and the teacher’s teacher‟s representative to meet with the superintendent and the Board within fourteen (14) days of such notice. 4. Where the Board decides to dismiss a teacher for unsatisfactory performance, it shall, no later than one month prior to the termination date, issue notice of dismissal setting out the grounds for such action.

DISMISSAL BASED ON PERFORMANCE. 1. a. The Board shall not dismiss a teacher for unsatisfactory performance except where the Board has received three (3) consecutive reports pursuant to Evaluation Procedures, established in Article C.28 E.23 Evaluation of this agreement Teachers, indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactory. 2. The reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 Evaluation of this agreement, and in accordance with the following conditions: a. The reports shall have been issued in a period of not less than twelve eight (12) 8) or more than twenty-four (24) months exclusive months; b. The Board shall not dismiss a beginning first year teacher except where the Board has received two (2) consecutive reports pursuant to Evaluation Procedures, established in Article E.23 Evaluation of leave Teachers indicating that the learning situation in the class or classes of absence the teacher is less than satisfactory. The reports shall be issued in excess a period of not less than six (6) or more than eight (8) months; c. The reports referred to in C.21.2.a and C.21.2.b shall be prepared in accordance with the process established in Article E.23 Evaluation of Teachers, and in accordance with the following conditions: i. at least one of the reports shall be a report of a Superintendent of Schools, a Director of Instruction, or an Assistant Superintendent of Schools; ii. the other two reports shall include only reports of: (1) montha Superintendent of Schools or an Assistant Superintendent of Schools, (2) a Director of Instruction, or (3) the Principal of a school to which the teacher is assigned; (4) the reports shall be written by at least two (2) different evaluators; iii. The evaluation process if two (2) reports are by the same person then these reports shall not resume within twenty be written no less than six (206) working days months apart; iv. evaluators may discuss the work of the return from such leave of absencea teacher and decide jointly what steps should be taken to correct any weaknesses observed, all of which is excluded from the twenty-four (24) months. In the event that but formal reports shall be written independently. d. Where a teacher receives a less than satisfactory report, the teacher may;: i. request a transfer in which case the Board shall make all reasonable efforts to arrange the transfer of the teacher to a suitable mutually agreeable assignment or school; or ii. request and be granted leave of absence without pay of up to one (1) year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three (3) months or nor more than six (6) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) months. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 3. Where the Board intends to dismiss a teacher on grounds of a less than satisfactory teaching situation, it shall, no later than two (2) calendar months prior to the intended termination dateend of a school term, notify the teacher and the president President of the Union of such intention and provide an opportunity for the teacher and the teacher’s their representative to meet with the superintendent Superintendent of Schools and the Board within fourteen (14) days of such notice. 4. Where f. Where, subsequent to such meeting, the Board decides to dismiss a teacher for unsatisfactory performance, pursuant to C.21.2 it shall, no later than shall issue notice of dismissal at least one (1) month prior to the termination dateend of a school term, issue notice to be effective at the end of dismissal that school term, setting out the grounds for such action. g. Where the Board takes any action against a teacher pursuant to C.21.2 a grievance in respect of such action shall, notwithstanding the Grievance Procedure, be referred to an arbitration board comprised of a representative of the Board, a representative of the Union, and a chairperson chosen by the representatives of the parties. When a matter is referred to arbitration under Article C.21, the Union shall name its representative. The Board shall notify the Union of its representative within seven (7) days of receiving such notification, and the representatives shall agree upon a chairperson within fourteen (14) days of the Union being notified of the Board representative. In all other respects the Grievance Procedure shall apply. [In Article C.21.2.g the parties shall be the BCTF and BCPSEA in accordance with A.6.7]

DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not may dismiss a teacher for unsatisfactory performance except where under this Article if: a. A teacher is in the first year of appointment and the Board has received three consecutive two (2) reports pursuant to Article C.28 E.16 (Evaluation of this agreement Teaching) indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactory. 2. The b. A teacher has completed one (1) year on a temporary/continuing appointment and the Board subsequently receives three (3) reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 E.16 (Evaluation of this agreement, and Teaching) indicating that the learning situation in accordance with the following conditions: a. class or classes of the teachers is less than satisfactory. The reports shall have been issued in a period of not less than twelve (12) or more than twenty-four (24) months exclusive months. 2. The reports referred to in Article C.18.1, shall be prepared in accordance with the process established in Article E.16 (Evaluation of leave Teaching) and in accordance with the following conditions: a. the reports shall be written by evaluators from the following categories: i. the principal of absence the school to which the teacher is assigned; ii. the Superintendent of Schools; iii. an Assistant Superintendent; iv. a Director of Instruction; v. the vice-principal of the school to which the teacher is assigned. b. in excess the case of teachers described in Article C.18.1.a the reports shall be written by two (2) different evaluators c. in the case of teachers described in Article C.18.1.b the reports shall be written by three (3) different evaluators. d. in both cases at least one (1) month. The evaluation process of the reports shall be a report of the Superintendent. e. the reports shall be written independently of each other, and the report writers shall not resume within twenty (20) working days collaborate with regard to the results; f. notwithstanding the foregoing, a report shall not be prepared by a person in respect of whom there exists a reasonable apprehension of bias. Any allegation of bias must be raised and proven by the return from such leave of absence, all of which is excluded from teacher prior to the twenty-four (24) monthsevaluation. 3. In the event that Where a teacher described in Article C.18.1.b receives a less than satisfactory report, the teacher may; i. may request a transfer in which case the Board shall make all reasonable efforts to arrange the transfer of the teacher to a suitable assignment or school; or ii. request and be granted leave of absence absence, without pay pay, of up to one (1) year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three (3) months or nor more than six (6) months after the teacher has returned to teaching duties. It is understood that the taking of such a leave of absence extends the timelines in Article C.18.1.b for a corresponding length of time. The period of leave teacher may arrange to continue health and welfare coverage by prepaying the three (3) month delay shall not count for purposes of the twenty-four (24) monthsentire premiums in advance. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 34. Where the Board intends to dismiss a teacher on grounds of a less than satisfactory teaching situationin accordance with this Article, it shall, no later than two (2) calendar months prior to the intended termination date, shall notify the teacher and the president President of the Union Association of such intention and provide an opportunity for the teacher and the teacher’s their representative to meet with the superintendent and the Board within fourteen (14) days Superintendent prior to notice of such noticedismissal being issued. 45. Where the Board decides to dismiss a teacher for unsatisfactory performancepursuant to Article C.18.1, it shall, no later than one month prior to the termination date, shall issue a formal notice of dismissal setting out dismissal. 6. Where the grounds for Board takes any action against a teacher pursuant to Article C.18.1.a, a grievance in respect of such actionaction may be filed according to Article A.6, (Grievance Procedure) Step 3. In all other respects Article A.6 (Grievance Procedure) shall apply.

DISMISSAL BASED ON PERFORMANCE. [P] 1. The Board shall not dismiss a teacher for unsatisfactory on the basis of less than satisfactory performance of teaching duties except where the Board has received at least three (3) consecutive reports pursuant to Article C.28 Evaluation the article on evaluation of teaching of this agreement Agreement indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactory. 2. The reports referred to in Article C.26.1 paragraph 1 of this article shall be have been prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 Evaluation the article on the evaluation of teaching of this agreementAgreement, and in accordance with the following conditions: a. The the reports shall have been issued in a period of not less than twelve (12) or , nor more than twenty-four 24 months, such period not to include the time during which the employee is participating in an agreed upon plan of assistance pursuant to the article on evaluation of teaching or the leave granted in paragraph 3 (24b) months exclusive of leave of absence in excess of this Article or is absent due to illness. b. at least one (1) monthof the reports shall be a report of the Superintendent of Schools or an Assistant Superintendent of Schools. c. the other two (2) reports shall include only reports of a: i. Superintendent of Schools or an Assistant Superintendent of Schools; ii. The evaluation process Director of Instruction; or iii. principal/vice principal. d. the reports shall be written by three (3) different evaluators. e. the reports shall be written independently of each other, shall be based solely on the evaluator's own observations, and the report writers shall not resume within twenty (20) working days of collaborate with regard to the return from such leave of absence, all of which is excluded from the twenty-four (24) monthsresults. 3. In the event that Where a teacher receives a first or second less than satisfactory report, as per paragraph 2 of this Article the teacher may;: i. a. request a transfer transfer, in which case the Board shall make all reasonable efforts to arrange the transfer of the teacher to a suitable mutually agreeable assignment or school; or; ii. request b. request, and be granted granted, an unpaid leave of absence without pay of up to one (1) year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three forty (340) months or school days nor more than six one hundred and twenty (6120) months school days after the teacher has returned to teaching duties. 4. The period of leave Where a teacher has received two (2) less than satisfactory reports, the evaluator who will conduct the third evaluation shall be selected by seeking mutual agreement between the Board and the three SEPF. In the event that there is no agreement on selection of an evaluator within twenty (320) month delay school days, the Superintendent shall not count for purposes of appoint the twenty-four (24) months. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 35. Where the Board intends to dismiss a teacher on grounds of a less than satisfactory teaching situationperformance of duties, it shall, no later than two thirty (230) calendar months days prior to the intended termination dateplanned date of dismissal, notify the teacher and the president of the Union SEPF of such intention and provide an opportunity for the teacher and representative(s) of the teacher’s representative SEPF to meet with the superintendent Superintendent and the Board within fourteen (14) days of such notice. 46. Where Where, subsequent to such meeting, the Board decides to dismiss a teacher for unsatisfactory performancepursuant to this Article, it shall, no later than one month prior to the termination date, shall issue notice of dismissal dismissal, setting out the grounds for such actionthe decision, at least one (1) month prior to the date of dismissal, or, in lieu of the notice of one (1) month, pay the teacher one (1) month's salary.

DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not dismiss a teacher for unsatisfactory on the basis of less than satisfactory performance of duties in accordance with the criteria critical to teacher competence as outlined in Appendix A, except where the Board has received at least three (3) consecutive reports pursuant to Article C.28 C.24 (Evaluation of Teaching Performance) of this agreement Agreement indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactorysatisfactory performance. 2. The reports referred to in Article C.26.1 shall be have been prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 C.24 (Evaluation of Teaching Performance) of this agreementAgreement, and in accordance with the following conditions: a. The such reports shall have been issued in initiated, prepared and filed over a period of not less than time in excess of twelve (12) calendar months; b. at least one of the reports shall be a report of a Superintendent of Schools or more than twentya Deputy or Assistant Superintendent of Schools; c. the other two reports shall include only reports of: i. a Superintendent of Schools or a Deputy or Assistant Superintendent of Schools, ii. a Director of Instruction or District administrative officer in their area of expertise; or iii. an administrative officer of a school to which the teacher is assigned; d. the reports shall be prepared by at least two different evaluators except where one of the reports is prepared by a vice-four (24) months exclusive principal. In this case the three reports shall be prepared by three different evaluators; e. the reports shall be prepared independently of leave of absence in excess of one (1) montheach other. The evaluator who commences an evaluation process shall be the person who makes the observations, confers with the teacher and prepares the report consistent with this Article; f. notwithstanding the foregoing, a report shall not resume within twenty be prepared by a person who has been found to have an apprehension of bias as determined in accordance with Article C.24.9 (20) working days Evaluation of the return from such leave of absence, all of which is excluded from the twenty-four (24) monthsTeaching Performance). 3. In the event that Where a teacher receives a less than satisfactory report, the teacher may; i. request a transfer in which case report the Board shall make all reasonable efforts to arrange the transfer of consider: a. a request by the teacher to a suitable assignment or schooltransfer to another assignment; or ii. b. a request and be granted for a leave of absence without pay pursuant to Article G.38 (Long Term Leave of Absence -[Non-Medical]) for up to one year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three two (32) months or more than six (6) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) months. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 34. Where the Board Superintendent of Schools intends to dismiss recommend the dismissal of a teacher on grounds of a less than satisfactory teaching situationperformance, it they shall, no later than two (2) calendar months prior to a. at the intended termination dateearliest reasonable time, notify the teacher and the president President of the Union ADTU of such intention and provide an opportunity for intention; and b. ensure that the teacher and their representative have the teacher’s representative opportunity to meet with the superintendent and appear before the Board within at a mutually agreeable time no later than fourteen (14) days of such noticenotice of intention. 45. Where a first or second less than satisfactory report has been received by the Board, a subsequent evaluation will be completed within a six (6) month period unless there is mutual agreement on a time extension. 6. Absence on sick leave or other leave of absence shall not be included in the calculation of the six (6) month period referred to in Article C.26.5. 7. In the event of a less than satisfactory report and where a subsequent report is contemplated, the evaluator shall inform the teacher of the expected time span for the next series of observations. 8. In the event that a teacher is absent due to illness or other leave of absence, a third report following two other reports indicating a less than satisfactory level of performance may be completed and filed in the absence of the member provided a sufficient number of observations as specified in Article C.24.13.c (Evaluation of Teaching Performance) have been completed in order to make an informed judgment. 9. Where the Board decides to dismiss a teacher for unsatisfactory performancein accordance with this article, it shall, no later than one month prior shall communicate such decision in writing to the termination date, issue notice of dismissal member and the Union setting out the grounds reason(s) for such actionthe decision.

DISMISSAL BASED ON PERFORMANCE. 1. The Board Employer shall not dismiss a teacher for unsatisfactory on the basis of less than satisfactory performance of teaching duties except where the Board Employer has received three consecutive reports pursuant to Article C.28 Evaluation of this agreement indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactory. 2. The reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and Article E 17.0 of this Agreement in accordance with the process established in Article C.28 Evaluation of this agreement, Agreement and in accordance with the following conditions: a. The the reports shall have been issued in a period of not less than twelve (12) or months and not more than twenty-four (24) months exclusive of leave of absence in excess of one (1) monthmonths. The evaluation process Any leave, paid or unpaid, shall not resume within twenty (20) working days of the return from such leave of absence, all of which is excluded from be counted in the twenty-four (24) months; b. at least one of the reports shall be a report of the Superintendent of Schools or an Assistant Superintendent of schools; c. at least one of the reports shall be written by a Director of Instruction or Principal of the school to which the teacher is assigned; d. no two consecutive reports shall be written by the same evaluator, unless requested by the teacher being evaluated. 3. In the event that When a teacher receives a his/her first or second less than satisfactory report, report the teacher may;: i. a. request a transfer in which case transfer, and where practicable, the Board Employer shall make all reasonable efforts to arrange proceed with the transfer of the teacher to a suitable assignment or schooltransfer; or ii. b. request and be granted leave of absence without pay of up to one year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three two (3) months or more than six (62) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24Article C 14(2)(a) monthsabove. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 34. Where the Board Employer intends to dismiss a teacher on grounds of a less than satisfactory teaching situationperformance, it shall, no later than two (2) calendar months prior to the intended termination date, shall notify the teacher and the president President of the Union Local of such intention and provide an opportunity for the teacher and the teacher’s his/her representative to meet with the superintendent Superintendent and the Board of Trustees or the Superintendent and a committee of the Board of Trustees within fourteen (14) 14 days of such notice. 4. Where the Board decides to dismiss a teacher for unsatisfactory performance, it shall, no later than one month prior to the termination date, issue notice of dismissal setting out the grounds for such action.

DISMISSAL BASED ON PERFORMANCE. 1. The Board Employer shall not dismiss a teacher for unsatisfactory on the basis of less than satisfactory performance of teaching duties except where the Board Employer has received three consecutive reports pursuant to Article C.28 Evaluation of this agreement indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactory. 2. The reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and Article E.28 of this Agreement in accordance with the process established in Article C.28 Evaluation of this agreement, Agreement and in accordance with the following conditions: a. The the reports shall have been issued in a period of not less than twelve (12) or months and not more than twenty-four (24) months exclusive of leave of absence in excess of one (1) monthmonths. The evaluation process Any leave, paid or unpaid, shall not resume within twenty (20) working days of the return from such leave of absence, all of which is excluded from be counted in the twenty-four (24) months; b. at least one of the reports shall be a report of the Superintendent of Schools or an Assistant Superintendent of schools; c. at least one of the reports shall be written by a Director of Instruction or Principal of the school to which the teacher is assigned; d. no two consecutive reports shall be written by the same evaluator, unless requested by the teacher being evaluated. 3. In the event that When a teacher receives a their first or second less than satisfactory report, report the teacher may;: i. a. request a transfer in which case transfer, and where practicable, the Board Employer shall make all reasonable efforts to arrange proceed with the transfer of the teacher to a suitable assignment or schooltransfer; or ii. b. request and be granted leave of absence without pay of up to one year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three two (3) months or more than six (62) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) monthsArticle C.23.2.a above. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 34. Where the Board Employer intends to dismiss a teacher on grounds of a less than satisfactory teaching situationperformance, it shall, no later than two (2) calendar months prior to the intended termination date, shall notify the teacher and the president President of the Union Local of such intention and provide an opportunity for the teacher and the teacher’s their representative to meet with the superintendent Superintendent and the Board of Education or the Superintendent and a committee of the Board of Education within fourteen (14) 14 days of such notice. 4. Where the Board decides to dismiss a teacher for unsatisfactory performance, it shall, no later than one month prior to the termination date, issue notice of dismissal setting out the grounds for such action.

DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not may dismiss a teacher for unsatisfactory "less than satisfactory" performance except where the Board has received at least three (3) consecutive reports reports, pursuant to Article C.28 Evaluation of this agreement C.25 (Evaluation), indicating that the work teacher's performance of the teacher and/or the learning situation in the class or classes teaching duties of the teacher is "less than satisfactory". 2. The reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 Evaluation of this agreement, C.25 (Evaluation) and also in accordance with the following conditions: a. The reports shall have been be issued in a period of not less than twelve (12) or calendar months and not more than twenty-four (24) months exclusive calendar months. b. The period defined in Article C.26.2.a above shall not include the time during which the teacher is participating in an agreed upon plan of assistance pursuant to Article C.25.1.q. c. Absences on sick leave or other leaves of absence shall not be included in excess the calculation of the period referred to in Article C.26.2.a. d. When a teacher is absent on sick leave or other leave for greater than one (1) month, any subsequent evaluation or continuation of an evaluation which has already commenced will not occur for at least one (1) month; or at least two (2) months if the absence is greater than six (6) months or at least three (3) months if the absence is greater than one (1) year. The evaluation process Such a period shall not resume within twenty (20) working days be included in the calculation of the return from such leave period referred to in Article C.26.2.a. e. At least one of absencethe three reports shall be the report of the: i. Superintendent; or ii. Deputy Superintendent; or iii. Assistant Superintendent(s). f. After the first "less than satisfactory" report, all the other reports shall include only reports of which the: i. Superintendent; or ii. Deputy Superintendent; or iii. Assistant Superintendent(s); or iv. supervising Administrative Officer. g. No two (2) consecutive reports on a teacher shall be written by the same evaluator. h. Where a third report is excluded to be written, the teacher may request a different evaluator to be selected from the twenty-four (24) monthslist in Article C.26.2.f. i. The reports shall be written independently. 3. In Upon receipt of the event that a teacher receives a first "less than satisfactory satisfactory" report, the teacher may;: i. a. request a transfer transfer, in which case the Board shall make all reasonable efforts to arrange the a transfer of the teacher to a suitable mutually agreeable assignment or school; or ii. b. request and and, where appropriate in the opinion of the Superintendent or designate, be granted a leave of absence without pay of up to one year for the purpose of taking a program of professional or academic instruction, in which . In this case a subsequent evaluation shall be undertaken not less than three (3) months or nor more than six (6) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) months. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 34. Where the Board intends to dismiss a teacher on grounds of a "less than satisfactory satisfactory" performance of the teaching situationduties of the teacher, it shall, : a. no later than two (2) calendar months prior to the intended termination date, notify the teacher and the president President of the Union Association of such intention and intention; and b. provide an opportunity for the teacher and representative of the teacher’s representative Association to meet with the superintendent Superintendent and the Board within fourteen (14) days of such notice. 45. Where Where, subsequent to such meeting, the Board decides to dismiss a teacher for unsatisfactory performancepursuant to this Article, it shall, no later than one (1) month prior to the termination date, date issue notice of dismissal dismissal, setting out the grounds for such action.

DISMISSAL BASED ON PERFORMANCE. ‌ 1. The Board shall not may dismiss a teacher for unsatisfactory "less than satisfactory" performance except where the Board has received at least three (3) consecutive reports reports, pursuant to Article C.28 Evaluation of this agreement C.25 (Evaluation), indicating that the work teacher's performance of the teacher and/or the learning situation in the class or classes teaching duties of the teacher is "less than satisfactory". 2. The reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 Evaluation of this agreement, C.25 (Evaluation) and also in accordance with the following conditions: a. The reports shall have been be issued in a period of not less than twelve (12) or calendar months and not more than twenty-four (24) months exclusive calendar months. b. The period defined in Article C.26.2.a above shall not include the time during which the teacher is participating in an agreed upon plan of assistance pursuant to Article C.25.1.q. c. Absences on sick leave or other leaves of absence shall not be included in excess the calculation of the period referred to in Article C.26.2.a. d. When a teacher is absent on sick leave or other leave for greater than one (1) month, any subsequent evaluation or continuation of an evaluation which has already commenced will not occur for at least one (1) month; or at least two (2) months if the absence is greater than six (6) months or at least three (3) months if the absence is greater than one (1) year. The evaluation process Such a period shall not resume within twenty (20) working days be included in the calculation of the return from such leave period referred to in Article C.26.2.a. e. At least one of absencethe three reports shall be the report of the: i. Superintendent; or ii. Deputy Superintendent; or iii. Assistant Superintendent(s). f. After the first "less than satisfactory" report, all the other reports shall include only reports of which the: i. Superintendent; or ii. Deputy Superintendent; or iii. Assistant Superintendent(s); or iv. supervising Administrative Officer. g. No two (2) consecutive reports on a teacher shall be written by the same evaluator. h. Where a third report is excluded to be written, the teacher may request a different evaluator to be selected from the twenty-four (24) monthslist in Article C.26.2.f. i. The reports shall be written independently. 3. In Upon receipt of the event that a teacher receives a first "less than satisfactory satisfactory" report, the teacher may;: i. a. request a transfer transfer, in which case the Board shall make all reasonable efforts to arrange the a transfer of the teacher to a suitable mutually agreeable assignment or school; or ii. b. request and and, where appropriate in the opinion of the Superintendent or designate, be granted a leave of absence without pay of up to one year for the purpose of taking a program of professional or academic instruction, in which . In this case a subsequent evaluation shall be undertaken not less than three (3) months or nor more than six (6) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) months. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 34. Where the Board intends to dismiss a teacher on grounds of a "less than satisfactory satisfactory" performance of the teaching situationduties of the teacher, it shall, : a. no later than two (2) calendar months prior to the intended termination date, notify the teacher and the president President of the Union Association of such intention and intention; and b. provide an opportunity for the teacher and representative of the teacher’s representative Association to meet with the superintendent Superintendent and the Board within fourteen (14) days of such notice. 45. Where Where, subsequent to such meeting, the Board decides to dismiss a teacher for unsatisfactory performancepursuant to this Article, it shall, no later than one (1) month prior to the termination date, date issue notice of dismissal dismissal, setting out the grounds for such action.

DISMISSAL BASED ON PERFORMANCE. 1. The Board Employer shall not dismiss a teacher for unsatisfactory on the basis of less than satisfactory performance of teaching duties except where the Board Employer has received three consecutive reports pursuant to Article C.28 Evaluation of this agreement indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactory. 2. The reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and Article E.28.0 of this Agreement in accordance with the process established in Article C.28 Evaluation of this agreement, Agreement and in accordance with the following conditions: a. The the reports shall have been issued in a period of not less than twelve (12) or months and not more than twenty-four (24) months exclusive of leave of absence in excess of one (1) monthmonths. The evaluation process Any leave, paid or unpaid, shall not resume within twenty (20) working days of the return from such leave of absence, all of which is excluded from be counted in the twenty-four (24) months; b. at least one of the reports shall be a report of the Superintendent of Schools or an Assistant Superintendent of schools; c. at least one of the reports shall be written by a Director of Instruction or Principal of the school to which the teacher is assigned; d. no two consecutive reports shall be written by the same evaluator, unless requested by the teacher being evaluated. 3. In the event that When a teacher receives a his/her first or second less than satisfactory report, report the teacher may;: i. a. request a transfer in which case transfer, and where practicable, the Board Employer shall make all reasonable efforts to arrange proceed with the transfer of the teacher to a suitable assignment or schooltransfer; or ii. b. request and be granted leave of absence without pay of up to one year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three two (3) months or more than six (62) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) monthsArticle C.23.2.a above. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 34. Where the Board Employer intends to dismiss a teacher on grounds of a less than satisfactory teaching situationperformance, it shall, no later than two (2) calendar months prior to the intended termination date, shall notify the teacher and the president President of the Union Local of such intention and provide an opportunity for the teacher and the teacher’s his/her representative to meet with the superintendent Superintendent and the Board of Education or the Superintendent and a committee of the Board of Education within fourteen (14) 14 days of such notice. 4. Where the Board decides to dismiss a teacher for unsatisfactory performance, it shall, no later than one month prior to the termination date, issue notice of dismissal setting out the grounds for such action.

DISMISSAL BASED ON PERFORMANCE. ‌ 1. The Board Employer shall not dismiss a teacher for unsatisfactory on the basis of less than satisfactory performance of teaching duties except where the Board Employer has received three consecutive reports pursuant to Article C.28 Evaluation of this agreement indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactory. 2. The reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and Article E.28.0 of this Agreement in accordance with the process established in Article C.28 Evaluation of this agreement, Agreement and in accordance with the following conditions: a. The the reports shall have been issued in a period of not less than twelve (12) or months and not more than twenty-four (24) months exclusive of leave of absence in excess of one (1) monthmonths. The evaluation process Any leave, paid or unpaid, shall not resume within twenty (20) working days of the return from such leave of absence, all of which is excluded from be counted in the twenty-four (24) months; b. at least one of the reports shall be a report of the Superintendent of Schools or an Assistant Superintendent of schools; c. at least one of the reports shall be written by a Director of Instruction or Principal of the school to which the teacher is assigned; d. no two consecutive reports shall be written by the same evaluator, unless requested by the teacher being evaluated. 3. In the event that When a teacher receives a his/her first or second less than satisfactory report, report the teacher may;: i. a. request a transfer in which case transfer, and where practicable, the Board Employer shall make all reasonable efforts to arrange proceed with the transfer of the teacher to a suitable assignment or schooltransfer; or ii. b. request and be granted leave of absence without pay of up to one year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three two (3) months or more than six (62) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) monthsArticle C.23.2.a above. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 34. Where the Board Employer intends to dismiss a teacher on grounds of a less than satisfactory teaching situationperformance, it shall, no later than two (2) calendar months prior to the intended termination date, shall notify the teacher and the president President of the Union Local of such intention and provide an opportunity for the teacher and the teacher’s his/her representative to meet with the superintendent Superintendent and the Board of Education or the Superintendent and a committee of the Board of Education within fourteen (14) 14 days of such notice. 4. Where the Board decides to dismiss a teacher for unsatisfactory performance, it shall, no later than one month prior to the termination date, issue notice of dismissal setting out the grounds for such action.

DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not dismiss a teacher for unsatisfactory on the basis of less than satisfactory performance of duties in accordance with the criteria critical to teacher competence as outlined in Appendix A, except where the Board has received at least three (3) consecutive reports pursuant to Article C.28 C.25 (Evaluation of Teaching Performance) of this agreement Agreement indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactorysatisfactory performance. 2. The reports referred to in Article C.26.1 C.27.1 shall be have been prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 C.25 (Evaluation of Teaching Performance) of this agreementAgreement, and in accordance with the following conditions: a. The such reports shall have been issued in initiated, prepared and filed over a period of not less than time in excess of twelve (12) calendar months; b. at least one of the reports shall be a report of a Superintendent of Schools or more than twentya Deputy or Assistant Superintendent of Schools; c. the other two reports shall include only reports of: i. a Superintendent of Schools or a Deputy or Assistant Superintendent of Schools, ii. a Director of Instruction or District administrative officer in their area of expertise; or iii. an administrative officer of a school to which the teacher is assigned; d. the reports shall be prepared by at least two different evaluators except where one of the reports is prepared by a vice-four (24) months exclusive principal. In this case the three reports shall be prepared by three different evaluators; e. the reports shall be prepared independently of leave of absence in excess of one (1) montheach other. The evaluator who commences an evaluation process shall be the person who makes the observations, confers with the teacher and prepares the report consistent with this Article; f. notwithstanding the foregoing, a report shall not resume within twenty be prepared by a person who has been found to have an apprehension of bias as determined in accordance with Article C.25.9 (20) working days Evaluation of the return from such leave of absence, all of which is excluded from the twenty-four (24) monthsTeaching Performance). 3. In the event that Where a teacher receives a less than satisfactory report, the teacher may; i. request a transfer in which case report the Board shall make all reasonable efforts to arrange the transfer of consider: a. a request by the teacher to a suitable assignment or schooltransfer to another assignment; or ii. b. a request and be granted for a leave of absence without pay pursuant to Article G.38 (Long Term Leave of Absence -[Non-Medical]) for up to one year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three two (32) months or more than six (6) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) months. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 34. Where the Board Superintendent of Schools intends to dismiss recommend the dismissal of a teacher on grounds of a less than satisfactory teaching situationperformance, it they shall, no later than two (2) calendar months prior to a. at the intended termination dateearliest reasonable time, notify the teacher and the president President of the Union ADTU of such intention and provide an opportunity for intention; and b. ensure that the teacher and their representative have the teacher’s representative opportunity to meet with the superintendent and appear before the Board within at a mutually agreeable time no later than fourteen (14) days of such noticenotice of intention. 45. Where a first or second less than satisfactory report has been received by the Board, a subsequent evaluation will be completed within a six (6) month period unless there is mutual agreement on a time extension. 6. Absence on sick leave or other leave of absence shall not be included in the calculation of the six (6) month period referred to in Article C.27.5. 7. In the event of a less than satisfactory report and where a subsequent report is contemplated, the evaluator shall inform the teacher of the expected time span for the next series of observations. 8. In the event that a teacher is absent due to illness or other leave of absence, a third report following two other reports indicating a less than satisfactory level of performance may be completed and filed in the absence of the member provided a sufficient number of observations as specified in Article C.25.13.c (Evaluation of Teaching Performance) have been completed in order to make an informed judgment. 9. Where the Board decides to dismiss a teacher for unsatisfactory performancein accordance with this article, it shall, no later than one month prior shall communicate such decision in writing to the termination date, issue notice of dismissal member and the Union setting out the grounds reason(s) for such actionthe decision.

DISMISSAL BASED ON PERFORMANCE. (P) 1. The Board shall not dismiss a teacher for unsatisfactory on the basis of less than satisfactory performance of teaching duties except where the Board has received at least three (3) consecutive reports pursuant to Article C.28 Evaluation the article on evaluation of teaching of this agreement Agreement indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactory. 2. The reports referred to in Article C.26.1 paragraph 1. of this article shall be have been prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 Evaluation the article on the evaluation of teaching of this agreementAgreement, and in accordance with the following conditions: a. The the reports shall have been issued in a period of not less than twelve (12) or , nor more than twenty-four 24 months, such period not to include the time during which the employee is participating in an agreed upon plan of assistance pursuant to the article on evaluation of teaching or the leave granted in paragraph 3 (24b) months exclusive of leave of absence in excess of this Article or is absent due to illness. b. at least one (1) monthof the reports shall be a report of the Superintendent of Schools or an Assistant Superintendent of Schools. c. the other two (2) reports shall include only reports of a: i. Superintendent of Schools or an Assistant Superintendent of Schools; ii. The evaluation process Director of Instruction; or iii. Administrative Officer. d. the reports shall be written by three (3) different evaluators. e. the reports shall be written independently of each other, shall be based solely on the evaluator's own observations, and the report writers shall not resume within twenty (20) working days of collaborate with regard to the return from such leave of absence, all of which is excluded from the twenty-four (24) monthsresults. 3. In the event that Where a teacher receives a first or second less than satisfactory report, as per paragraph 2. of this Article the teacher may;: i. a. request a transfer transfer, in which case the Board shall make all reasonable efforts to arrange the transfer of the teacher to a suitable mutually agreeable assignment or school; or; ii. request b. request, and be granted granted, an unpaid leave of absence without pay of up to one (1) year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three forty (340) months or school days nor more than six one hundred and twenty (6120) months school days after the teacher has returned to teaching duties. 4. The period of leave Where a teacher has received two (2) less than satisfactory reports, the evaluator who will conduct the third evaluation shall be selected by seeking mutual agreement between the Board and the three Association. In the event that there is no agreement on selection of an evaluator within twenty (320) month delay school days, the Superintendent shall not count for purposes of appoint the twenty-four (24) months. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 35. Where the Board intends to dismiss a teacher on grounds of a less than satisfactory teaching situationperformance of duties, it shall, no later than two thirty (230) calendar months days prior to the intended termination dateplanned date of dismissal, notify the teacher and the president of the Union Association of such intention and provide an opportunity for the teacher and representative(s) of the teacher’s representative Association to meet with the superintendent Superintendent and the Board within fourteen (14) days of such notice. 46. Where Where, subsequent to such meeting, the Board decides to dismiss a teacher for unsatisfactory performancepursuant to this Article, it shall, no later than one month prior to the termination date, shall issue notice of dismissal dismissal, setting out the grounds for such actionthe decision, at least one (1) month prior to the date of dismissal, or, in lieu of the notice of one (1) month, pay the teacher one (1) month's salary.

DISMISSAL BASED ON PERFORMANCE. ‌ 1. The Board shall not may dismiss a teacher for unsatisfactory "less than satisfactory" performance except where the Board has received at least three (3) consecutive reports reports, pursuant to Article C.28 Evaluation of this agreement C.25 (Evaluation), indicating that the work teacher's performance of the teacher and/or the learning situation in the class or classes teaching duties of the teacher is "less than satisfactory". 2. The reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 Evaluation of this agreement, C.25 (Evaluation) and also in accordance with the following conditions: a. The reports shall have been be issued in a period of not less than twelve (12) or calendar months and not more than twenty-four (24) months exclusive calendar months. b. The period defined in Article C.26.2.a above shall not include the time during which the teacher is participating in an agreed upon plan of assistance pursuant to Article C.25.1.q (Evaluation). c. Absences on sick leave or other leaves of absence shall not be included in excess the calculation of the period referred to in Article C.26.2.a. d. When a teacher is absent on sick leave or other leave for greater than one (1) month, any subsequent evaluation or continuation of an evaluation which has already commenced will not occur for at least one (1) month; or at least two (2) months if the absence is greater than six (6) months or at least three (3) months if the absence is greater than one (1) year. The evaluation process Such a period shall not resume within twenty (20) working days be included in the calculation of the return from such leave period referred to in Article C.26.2.a. e. At least one of absencethe three reports shall be the report of the: i. Superintendent; or ii. Deputy Superintendent; or iii. Assistant Superintendent(s). f. After the first "less than satisfactory" report, all the other reports shall include only reports of which the: i. Superintendent; or ii. Deputy Superintendent; or iii. Assistant Superintendent(s); or iv. supervising Administrative Officer. g. No two (2) consecutive reports on a teacher shall be written by the same evaluator. h. Where a third report is excluded to be written, the teacher may request a different evaluator to be selected from the twenty-four (24) monthslist in Article C.26.2.f. i. The reports shall be written independently. 3. In Upon receipt of the event that a teacher receives a first "less than satisfactory satisfactory" report, the teacher may;: i. a. request a transfer transfer, in which case the Board shall make all reasonable efforts to arrange the a transfer of the teacher to a suitable mutually agreeable assignment or school; or ii. b. request and and, where appropriate in the opinion of the Superintendent or designate, be granted a leave of absence without pay of up to one year for the purpose of taking a program of professional or academic instruction, in which . In this case a subsequent evaluation shall be undertaken not less than three (3) months or nor more than six (6) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) months. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 34. Where the Board intends to dismiss a teacher on grounds of a "less than satisfactory satisfactory" performance of the teaching situationduties of the teacher, it shall, : a. no later than two (2) calendar months prior to the intended termination date, notify the teacher and the president President of the Union Association of such intention and intention; and b. provide an opportunity for the teacher and representative of the teacher’s representative Association to meet with the superintendent Superintendent and the Board within fourteen (14) days of such notice. 45. Where Where, subsequent to such meeting, the Board decides to dismiss a teacher for unsatisfactory performancepursuant to this Article, it shall, no later than one (1) month prior to the termination date, date issue notice of dismissal dismissal, setting out the grounds for such action.

DISMISSAL BASED ON PERFORMANCE. 1. a. The Board shall not dismiss a teacher for unsatisfactory performance except where the Board has received three (3) consecutive reports pursuant to Evaluation Procedures, established in Article C.28 E.23 Evaluation of this agreement Teachers, indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactory. 2. The reports referred to in Article C.26.1 shall be prepared pursuant to the School Act and Regulation and in accordance with the process established in Article C.28 Evaluation of this agreement, and in accordance with the following conditions: a. The reports shall have been issued in a period of not less than twelve eight (12) 8) or more than twenty-four (24) months exclusive months; b. The Board shall not dismiss a beginning first year teacher except where the Board has received two (2) consecutive reports pursuant to Evaluation Procedures, established in Article E.23 Evaluation of leave Teachers indicating that the learning situation in the class or classes of absence the teacher is less than satisfactory. The reports shall be issued in excess a period of not less than six (6) or more than eight (8) months; c. The reports referred to in C.21.2.a and C.21.2.b shall be prepared in accordance with the process established in Article E.23 Evaluation of Teachers, and in accordance with the following conditions: i. at least one of the reports shall be a report of a Superintendent of Schools, a Director of Instruction, or an Assistant Superintendent of Schools; ii. the other two reports shall include only reports of: (1) montha Superintendent of Schools or an Assistant Superintendent of Schools, (2) a Director of Instruction, or (3) the Principal of a school to which the teacher is assigned; (4) the reports shall be written by at least two (2) different evaluators; iii. The evaluation process if two (2) reports are by the same person then these reports shall not resume within twenty be written no less than six (206) working days months apart; iv. evaluators may discuss the work of the return from such leave of absencea teacher and decide jointly what steps should be taken to correct any weaknesses observed, all of which is excluded from the twenty-four (24) months. In the event that but formal reports shall be written independently. d. Where a teacher receives a less than satisfactory report, the teacher may;: i. request a transfer in which case the Board shall make all reasonable efforts to arrange the transfer of the teacher to a suitable mutually agreeable assignment or school; or ii. request and be granted leave of absence without pay of up to one (1) year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three (3) months or nor more than six (6) months after the teacher has returned to teaching duties. The period of leave and the three (3) month delay shall not count for purposes of the twenty-four (24) months. b. At least one of the reports shall be a report of a superintendent of schools, an assistant superintendent of schools, or a director of instruction. c. The other two reports shall include only reports of: i. a superintendent of schools, or an assistant superintendent of schools, or director of instruction, or ii. the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 3. Where the Board intends to dismiss a teacher on grounds of a less than satisfactory teaching situation, it shall, no later than two (2) calendar months prior to the intended termination dateend of a school term, notify the teacher and the president President of the Union of such intention and provide an opportunity for the teacher and the teacher’s her/his representative to meet with the superintendent Superintendent of Schools and the Board within fourteen (14) days of such notice. 4. Where f. Where, subsequent to such meeting, the Board decides to dismiss a teacher for unsatisfactory performance, pursuant to C.21.2 it shall, no later than shall issue notice of dismissal at least one (1) month prior to the termination dateend of a school term, issue notice to be effective at the end of dismissal that school term, setting out the grounds for such action. g. Where the Board takes any action against a teacher pursuant to C.21.2 a grievance in respect of such action shall, notwithstanding the Grievance Procedure, be referred to an arbitration board comprised of a representative of the Board, a representative of the Union, and a chairperson chosen by the representatives of the parties. When a matter is referred to arbitration under Article C.21, the Union shall name its representative. The Board shall notify the Union of its representative within seven (7) days of receiving such notification, and the representatives shall agree upon a chairperson within fourteen (14) days of the Union being notified of the Board representative. In all other respects the Grievance Procedure shall apply. [In Article C.21.2.g the parties shall be the BCTF and BCPSEA in accordance with A.6.7]

DISMISSAL BASED ON PERFORMANCE. 1. The a. Except as provided in Article 24.5 of this Section, the Board shall not dismiss a continuing contract teacher for unsatisfactory reasons of less than satisfactory performance except where the Board has received three (3) consecutive reports pursuant to Article C.28 E.24 (Evaluation of Teachers) of this agreement Agreement indicating that the work of the teacher and/or the learning situation in the class or classes of the teacher is less than satisfactory. 2. b. The reports referred to in Clause 23.5 of this Article C.26.1 shall be prepared pursuant to Section 20 (3) of the School Act and Regulation Regulations 4, 5 and 6 of the School Regulations and in accordance with the process established in Article C.28 E.24 (Evaluation of Teachers) of this agreementAgreement, and in accordance with the following conditions: a. The i) the reports shall have been issued in a period of not less than twelve ten (1210) months or more than twenty-four (24) months exclusive of leave of absence in excess of one (1) monthmonths. The evaluation process shall not resume within twenty three (203) working days of the return from such leave of absence, all of which is excluded from the twenty-four (24) months. In the event that a teacher receives a less than satisfactory report, the teacher may; i. request a transfer in which case the Board shall make all reasonable efforts to arrange the transfer of the teacher to a suitable assignment or school; or ii. request and be granted leave of absence without pay of up to one year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation reports shall be undertaken based upon the teacher's performance during not less than three (3) months or more than six (6) months after school terms. A school term shall be defined as the teacher has returned to teaching duties. The period of leave and September 1 to December 31 or the three (3period of January 1 to June 30 of any school year; ii) month delay shall not count for purposes of the twenty-four (24) months. b. At at least one of the reports shall be a report of a superintendent the Superintendent of schoolsSchools, the Associate Superintendent of Schools, an assistant superintendent of schools, Assistant Superintendent or a director Director of instruction.Instruction; c. The iii) the other two reports shall include only reports of: i. a superintendent (a) the Superintendent of schoolsSchools, the Associate Superintendent of Schools, or an assistant superintendent Assistant Superintendent; (b) a Director of schools, or director of instruction, orInstruction; ii. (c) a District Coordinating Principal; (d) the supervising principal of the teacher. d. The reports shall be written by three different evaluators. e. The reports shall be written independently. f. The teacher shall have the right to request a different evaluator. 3. Where the Board intends to dismiss a teacher on grounds Principal of a less than satisfactory teaching situation, it shall, school to which the teacher is assigned; iv) no later more than two (2) calendar months prior reports may be written by any one evaluator; v) the reports shall be written independently of each other and shall be based on the evaluator's own observations. The evaluators may consult with a resource person pursuant to Article E.24.4 (Evaluation of Teachers) of this Agreement. c. After the intended termination datefirst less than satisfactory report, notify a plan to assist the teacher in overcoming the deficiencies identified in the report will be formulated jointly by the Principal, the teacher and the president of the Union of such intention and provide an opportunity for a resource person as requested and/or agreed to by the teacher and the teacher’s representative to meet with the superintendent and the Board within fourteen (14) days will be made available as soon as is reasonably possible. A reasonable period of such notice. 4. Where the Board decides to dismiss a teacher time for unsatisfactory improvement of performance, it shall, no later not less than one month prior to the termination date, issue notice of dismissal setting out the grounds for such action.forty