Common use of DISMISSAL BASED ON PERFORMANCE Clause in Contracts

DISMISSAL BASED ON PERFORMANCE. (L) 1. The Board shall not dismiss a teacher on the basis of less-than-satisfactory performance except where the Board has received at least three (3) consecutive reports pursuant to Section E, Article 10, of this agreement, indicating that the learning situation in the class or classes taught by the teacher is less than satisfactory. 2. The reports referred to in Paragraph C.28.1 shall be prepared in accordance with Section E, Article E.27, of this agreement and in accordance with the following provisions. a. The reports shall have been issued in a period of not less than twelve (12) months or more than twenty-four (24) months. b. At least one (1) of the reports shall be a report of the Superintendent, Assistant Superintendent or Director of Instruction. c. The other two (2) reports shall include only reports by the Superintendent, Assistant Superintendent, Director of Instruction or the principal of the school to which the teacher is assigned. d. There shall be six (6) months between reports written by the same person. 3. In the event that a teacher receives a less-than-satisfactory report: a. the evaluator and the teacher shall prepare a plan for improvement in the teacher's performance. This plan shall include specific objectives based on the report and a jointly developed program of encouragement and assistance for the next three (3) months. It may also include in-service, which will be jointly decided by the teacher and the evaluator. It may also include consideration of a transfer to a mutually acceptable assignment or school, or a leave of absence 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 nor more than six (6) months after the teacher has returned to teaching duties. b. the Association President will be advised unless the teacher requests otherwise. 4. The teacher may request an evaluation panel of three (3) educators selected by the Association to conduct an assessment of the teacher in his/her learning situation. The written report of the evaluation panel shall be filed in the same manner as the report and shall be considered by the Board prior to any decision to terminate a teacher. The report of the panel must be filed prior to, or at the same time as, any final less-than-satisfactory report. 5. Where the Board intends to dismiss a teacher on the grounds of a less-than-satisfactory learning/teaching situation, it shall, no later than one (1) calendar month prior to January 31st or June 30th, unless otherwise mutually agreed upon by the teacher and the Board, notify the teacher and the President of the Association of such intention in writing and provide an opportunity for the teacher and his/her representative to meet with the Superintendent and the Board within fourteen (14) days of such notice.

DISMISSAL BASED ON PERFORMANCE. (L) 1. The Board shall not dismiss a teacher on the basis of less-than-satisfactory performance except where the Board has received at least three (3) consecutive reports pursuant to Section E, Article 10, of this agreement, indicating that the learning situation in the class or classes taught by the teacher is less than satisfactory. 2. The reports referred to in Paragraph C.28.1 shall be prepared in accordance with Section E, Article E.27, of this agreement and in accordance with the following provisions. a. The reports shall have been issued in a period of not less than twelve (12) months or more than twenty-four (24) months. b. At least one (1) of the reports shall be a report of the Superintendent, Assistant Superintendent or Director of Instruction. c. The other two (2) reports shall include only reports by the Superintendent, Assistant Superintendent, Director of Instruction or the principal of the school to which the teacher is assigned. d. There shall be six (6) months between reports written by the same person. 3. In the event that a teacher receives a less-than-satisfactory report: a. the evaluator and the teacher shall prepare a plan for improvement in the teacher's performance. This plan shall include specific objectives based on the report and a jointly developed program of encouragement and assistance for the next three (3) months. It may also include in-service, which will be jointly decided by the teacher and the evaluator. It may also include consideration of a transfer to a mutually acceptable assignment or school, or a leave of absence 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 nor more than six (6) months after the teacher has returned to teaching duties. b. the Association President will be advised unless the teacher requests otherwise. 4. The teacher may request an evaluation panel of three (3) educators selected by the Association to conduct an assessment of the teacher in his/her their learning situation. The written report of the evaluation panel shall be filed in the same manner as the report and shall be considered by the Board prior to any decision to terminate a teacher. The report of the panel must be filed prior to, or at the same time as, any final less-than-satisfactory report. 5. Where the Board intends to dismiss a teacher on the grounds of a less-than-satisfactory learning/teaching situation, it shall, no later than one (1) calendar month prior to January 31st or June 30th, unless otherwise mutually agreed upon by the teacher and the Board, notify the teacher and the President of the Association of such intention in writing and provide an opportunity for the teacher and his/her their representative to meet with the Superintendent and the Board within fourteen (14) days of such notice.