Common use of Employee Evaluation Procedures Clause in Contracts

Employee Evaluation Procedures. All certificated employees recognized by this Agreement are to be evaluated in a regular and systematic method as described in Certificated Evaluation Form (attached as Exhibit J). 1. Teachers to be formally evaluated during the current year shall be so notified by October a. Permanent teachers shall be evaluated no less than once every two years. b. Beginning 2012-13, unit members with permanent status who have been employed at lest ten (10) years with the school district, are defined as highly qualified by the federal No Child Left Behind Act of 2001, and whose previous evaluation rated the employee as meeting or exceeding standards, shall be evaluated every (3) years. c. Probationary teachers shall receive a minimum of two formal evaluations a year, one prior to winter recess and one in the spring. d. Permanent teachers receiving an overall unsatisfactory evaluation shall be evaluated on, at least, an annual basis, until the teacher achieves an overall satisfactory evaluation or is separated from the District. e. Teachers hired after October 1 shall be formally evaluated as determined by the site administrator. 2. Permanent teachers not notified by October 1 shall not be formally evaluated unless the teacher has been given a thirty (30) day written notice no later than December 1 to institute the formal evaluation process. This evaluation notice must be approved by the District prior to implementation. 3. Nothing in the procedure shall preclude any additional evaluation conferences, observations, or formal evaluations at the discretion of the evaluator. Nothing in this procedure shall preclude the teacher from requesting additional conferences or evaluations. 4. The final evaluation shall be delivered to the teacher no later than May 1. The judgments reached by the evaluator are not subject to the grievance procedure. 5. The evaluator shall be the unit member’s immediate supervisor and/or other site/central office administrator. Any employee who receives an unsatisfactory evaluation may be provided a subsequent performance evaluation if the District deems it appropriate using the same evaluation procedure as described above. The evaluator of the employee will take affirmative steps to assist the employee to make the necessary improvements in instruction to overcome the unsatisfactory evaluation. Such help will include specific recommendations for improvement and assistance in implementing the recommendations for improvement. Every employee shall be informed immediately of any complaint made concerning him or her by parents or residents unless the District determines that informing the employee will impede the investigation, create a risk of injury to any person or damage to property, or is unnecessary because the complaint is without merit. Regardless, the employee will be notified in a timely manner of any District investigated complaint by a parent or resident. The District recognizes that each new teacher in the District has potential needs for training, assistance, and evaluation. At the time a new teacher is assigned to a school within the District, he or she shall receive written assurance that the District recognizes such potential needs. This provision is intended solely to comply with the requirements of Education Code Section 35160.5(b) and is intended to be used and shall be used for no other purpose whatsoever. Nothing in this provision is intended to create any legal right or defense or discharge or release any legal duty or obligation held by any employee of the District. The parties agree that, during the 1999-2000 school year, the planning phase of the Immediate Intervention in Underperforming School Program (IIUSP) will be conducted and a written plan will be submitted to the state. In addition, other new state laws regarding student and school improvement will be implemented, generating new requirements and guidelines which will impact evaluation. In the event that the IIUSP plan and/or state law and guidelines require changes in the evaluation procedures in this Article or Policy 4520, either party may reopen this Article or Policy 4520 for negotiation by serving written notice on the other party. Negotiations will begin as soon as reasonably possible after notice. This provision is independent of the provisions in Article XXII. Parents or guardians of pupils enrolled in the District may present informal (oral) and/or formal (written) complaints regarding employees to the District. Parents or guardians should be encouraged to present informal (oral) complaints first with the employee who is the subject of the complaint, or with that employee’s immediate supervisor, prior to presenting any formal (written) complaint to the District. 1. The employee’s immediate supervisor or a designee conducts an investigation about the complaint. Such investigation may include a conference with the complainant, a District representative, the employee, and the employee’s representative. 2. The employee has been given prior notice of the informal (oral) complaint and any record to be filed such that the employee has reasonable opportunity (ten calendar days) to present relevant information to his or her immediate supervisor or the Superintendent.

Employee Evaluation Procedures. All certificated employees recognized by this Agreement are to be evaluated in a regular and systematic method as described in Certificated Evaluation Form (attached as Exhibit JI). 1. Teachers to be formally evaluated during the current year shall be so notified by OctoberOctober 1. a. Permanent teachers shall be evaluated no less than once every two years. b. Beginning 2012-13, unit members with permanent status who have been employed at lest least ten (10) years with the school district, are defined as highly qualified by the federal No Child Left Behind Act of 2001, and whose previous evaluation rated the employee as meeting or exceeding standards, shall be evaluated every (3) years. c. Probationary teachers shall receive a minimum of two formal evaluations a year, one prior to winter recess and one in the spring. d. Permanent teachers receiving an overall unsatisfactory evaluation shall be evaluated on, at least, an annual basis, until the teacher achieves an overall satisfactory evaluation or is separated from the District. e. Teachers hired after October 1 shall be formally evaluated as determined by the site administrator. 2. Permanent teachers not notified by October 1 shall not be formally evaluated unless the teacher has been given a thirty (30) day written notice no later than December 1 to institute the formal evaluation process. This evaluation notice must be approved by the District prior to implementation. 3. Nothing in the procedure shall preclude any additional evaluation conferences, observations, or formal evaluations at the discretion of the evaluator. Nothing in this procedure shall preclude the teacher from requesting additional conferences or evaluations. 4. The final evaluation shall be delivered to the teacher no later than May 1. The judgments reached by the evaluator are not subject to the grievance procedure. 5. The evaluator shall be the unit member’s immediate supervisor and/or other site/central office administrator. Any employee who receives an unsatisfactory evaluation may be provided a subsequent performance evaluation if the District deems it appropriate using the same evaluation procedure as described above. The evaluator of the employee will take affirmative steps to assist the employee to make the necessary improvements in instruction to overcome the unsatisfactory evaluation. Such help will include specific recommendations for improvement and assistance in implementing the recommendations for improvement. Every employee shall be informed immediately of any complaint made concerning him or her by parents or residents unless the District determines that informing the employee will impede the investigation, create a risk of injury to any person or damage to property, or is unnecessary because the complaint is without merit. Regardless, the employee will be notified in a timely manner of any District investigated complaint by a parent or resident. The District recognizes that each new teacher in the District has potential needs for training, assistance, and evaluation. At the time a new teacher is assigned to a school within the District, he or she shall receive written assurance that the District recognizes such potential needs. This provision is intended solely to comply with the requirements of Education Code Section 35160.5(b) and is intended to be used and shall be used for no other purpose whatsoever. Nothing in this provision is intended to create any legal right or defense or discharge or release any legal duty or obligation held by any employee of the District. The parties agree that, during the 1999-2000 school year, the planning phase of the Immediate Intervention in Underperforming School Program (IIUSP) will be conducted and a written plan will be submitted to the state. In addition, other new state laws regarding student and school improvement will be implemented, generating new requirements and guidelines which will impact evaluation. In the event that the IIUSP plan and/or state law and guidelines require changes in the evaluation procedures in this Article or Policy 4520, either party may reopen this Article or Policy 4520 for negotiation by serving written notice on the other party. Negotiations will begin as soon as reasonably possible after notice. This provision is independent of the provisions in Article XXII. Parents or guardians of pupils enrolled in the District may present informal (oral) and/or formal (written) complaints regarding employees to the District. Parents or guardians should be encouraged to present informal (oral) complaints first with the employee who is the subject of the complaint, or with that employee’s immediate supervisor, prior to presenting any formal (written) complaint to the District. 1. The employee’s immediate supervisor or a designee conducts an investigation about the complaint. Such investigation may include a conference with the complainant, a District representative, the employee, and the employee’s representative. 2. The employee has been given prior notice of the informal (oral) complaint and any record to be filed such that the employee has reasonable opportunity (ten calendar days) to present relevant information to his or her immediate supervisor or the Superintendent.

Employee Evaluation Procedures. 11.1 These are the areas to be considered in evaluations and only as they pertain to a unit member's in- class performance and other duties normally required to be performed as an adjunct to their regular assignment: a. Classroom performance b. Supervision of students c. Involvement in co-curricular activities d. Examples of professional growth - such as coursework, or involvement in professional activities and associations. The District and WSCTA agree the Guide to Understanding the Teacher Evaluation Process and evaluation forms will be included in the WSCTA Contract as an Appendix. Changes to the guide or forms will be made by mutual consent of the Association and District. 11.2 The District Superintendent shall make efforts to insure that the evaluators have current knowledge of procedures and techniques of evaluation and that these criteria are fairly and equally observed. 11.3 Every temporary or probationary certificated employee shall be evaluated by the administration in writing at least once each school year. • Unit Members will be notified within the first four weeks of school that they will be evaluated, and a pre-evaluation conference will be scheduled. • By the end of the first quarter, the evaluator will meet with the unit member to seek agreement of the evaluation process, the CSTP/Academic Standard requirements, Employee Goal Sheet and other related evaluation requirements. • Unit Members will have a minimum of two pre-arranged classroom observations. • Unit Members will address two or more course specific Academic Standards, plus CSTP standards two, three and four. • Unit Members shall complete the Certification Goal Sheet prior to the first classroom observation. • Classroom observations will be a minimum of thirty (30) minutes, including the beginning and end of a lesson as pre-arranged by the unit member and evaluator. • The first observation will be completed by December 1. • The evaluator will hold a conference with the unit member about each observation within three (3) school days of each observation. • Unit members will receive the written final evaluation no later than thirty (30) days before the last day of the school year, with the final evaluation conference scheduled no more than three (3) days later. 11.4 All permanent certificated employees recognized may be evaluated by this Agreement are the administration in writing every year. All permanent unit members who have been employed between three and ten years will be evaluated at least every other year. 11.4.1 All permanent unit members to be evaluated in within a regular and systematic method as described in Certificated Evaluation Form school year will be notified within the first four (attached as Exhibit J)4) weeks of school. 1. Teachers to be formally evaluated during the current year shall be so notified by October a. Permanent teachers shall be evaluated no less than once every two years. b. Beginning 2012-13, 11.4.2 For those permanent unit members with permanent status who have been employed at lest least ten (10) years with the school district, are defined as highly qualified by the federal No Child Left Behind Act of 2001as defined in 20 U.S.C. Sec. 7801 (ESEA), and whose immediately previous evaluation rated the employees as “standards met or exceeded” evaluation will be done every five years by mutual agreement of the unit member and the evaluator. The unit member or the evaluator may withdraw consent at any time. • Unit Members will be notified within the first four weeks of school that they will be evaluated, and a pre-evaluation conference will be scheduled. • By the end of the first quarter, the evaluator and the employee as will meet to determine the evaluation process (Alternative or Traditional) and to discuss the required timelines, meeting or exceeding standardsdates, shall Employee Goal Sheet, project responsibilities and the observation/evaluation procedures to be evaluated every (3) years. c. Probationary teachers shall receive used. • Traditional Process: Unit Members using the Traditional Process will have a minimum of one pre- arranged classroom observation. • Alternative Process: Unit Members with the Alternative Evaluation Plan will have minimum of three meetings per year to discuss and evaluate the Alternative Plan. • Unit Members will address two formal evaluations or more course specific Academic Standards, plus any two CSTP standards. • Classroom observations will be a year, one prior to winter recess and one in the spring. d. Permanent teachers receiving an overall unsatisfactory evaluation shall be evaluated on, at least, an annual basis, until the teacher achieves an overall satisfactory evaluation or is separated from the District. e. Teachers hired after October 1 shall be formally evaluated as determined by the site administrator. 2. Permanent teachers not notified by October 1 shall not be formally evaluated unless the teacher has been given a minimum of thirty (30) day minutes, including the beginning and end of a lesson as pre-arranged by the unit member and evaluator. • The evaluator will hold a conference with the unit member about each observation within three (3) school days of each observation. • Unit members will receive the written notice final evaluation no later than December thirty (30) days before the last day of the school year, with the final evaluation conference scheduled no more than three (3) days later. 11.5 No later than November 1 of each year, the evaluator shall determine the activities, the standards of performance, and the assessment procedures to institute be used in the formal evaluation, after discussion with the evaluate. By mutual agreement the evaluation process. This plan may be modified. 11.6 Any evaluator or unit member who has difficulty meeting the timelines in this article may request a meeting with the Superintendent and the Association President (or designees) to assist in resolving the issues. 11.7 The entire evaluation notice must be approved process shall include at least one classroom observation including the beginning and ending of the lesson as pre-arranged by the District prior to implementationunit member and evaluator. 3. Nothing 11.8 The initial observation for evaluation purposes in any year shall be arranged by the procedure shall preclude any additional evaluation conferences, observations, or formal evaluations at evaluator and the discretion unit member in advance of the evaluator. Nothing in this procedure shall preclude the teacher from requesting additional conferences or evaluationsobservation. 411.9 Any certificated employee who receives a negative evaluation shall upon written request, be entitled to a subsequent observation, conference, and written evaluation, as prescribed above. The final Such subsequent evaluations shall concentrate upon deficiencies previously noted. Such entitlement shall continue after each written evaluation. 11.10 Both the evaluator and the evaluatee shall make affirmative action to correct any cited deficiencies. Such action on the part of the evaluator shall include specific recommendations for improvement, assistance in implementing those recommendations, and adequate released time for the certificated employee to visit and observe other similar classes when the evaluator and evaluatee agree upon the necessity for such visits. 11.11 Each written evaluation shall be delivered to the teacher no later than May 1. The judgments reached signed by the evaluator and evaluatee and placed in the employee's personnel file. If the evaluator and evaluatee cannot reach consensus, the evaluatee may attach his/her dissenting comments to the evaluator's evaluation, and both shall be placed in the evaluatee's personnel file. 11.12 The employee evaluation procedures, including the areas to be considered in evaluations listed in Article 11.1, are subject to grievance. The evaluator’s findings and conclusions in the employee’s written evaluation are not subject to the grievance proceduregrievance. 5. The evaluator 11.13 If subsequent remedial action eliminates the negative evaluation and/or the identified deficiencies, the evaluation(s) citing such deficiencies shall be removed from the evaluatee's file after a period of five years and returned to the employee. 11.14 No unit member shall be held accountable for correcting any deficiencies noted on an evaluation over which it can be demonstrated that the unit member has no reasonably expected authority or ability to correct. 11.15 After evaluations have been placed in a unit member's file, a log attached to the file shall be kept of who consults the evaluations, when, and for what reason(s). 11.16 Only one confidential file containing these evaluations shall be maintained on each employee. Such a file shall be kept in the Personnel Office of the District Office. Access to such a file shall be limited to the unit member involved, members of the administrative personnel on a need to know basis, members of the Board of Education and others as approved by the unit member’s immediate supervisor and/or other site. 11.17 The written evaluation shall not include any reference to a unit member's use of force in the performance of his/central office administrator. Any employee who receives an unsatisfactory evaluation may be her duties provided that force in no event exceeded the amount of force reasonably necessary to maintain order. 11.18 Unless otherwise agreed to by the involved unit member, a subsequent performance evaluation if unit member's personnel file shall not include any evaluations and ratings that were obtained prior to the District deems it appropriate using the same evaluation procedure as described above. The evaluator employment of the employee will take affirmative steps to assist the employee to make the necessary improvements in instruction to overcome the unsatisfactory evaluation. Such help will include specific recommendations for improvement and assistance in implementing the recommendations for improvement. Every employee shall be informed immediately of any complaint made concerning him or her unit member by parents or residents unless the District determines that informing the employee will impede the investigation, create a risk of injury to any person or damage to propertythis district, or is unnecessary because the complaint is without merit. Regardless, the employee will were obtained in connection with a promotional examination. 11.19 The voluntary transfer denial form shall not be notified in considered a timely manner of any District investigated complaint by a parent or resident. The District recognizes that each new teacher formal written evaluation and shall not be kept in the District has potential needs for training, assistance, and evaluation. At the time a new teacher is assigned to a school within the District, he or she shall receive written assurance that the District recognizes such potential needs. This provision is intended solely to comply with the requirements of Education Code Section 35160.5(b) and is intended to be used and shall be used for no other purpose whatsoever. Nothing in this provision is intended to create any legal right or defense or discharge or release any legal duty or obligation held by any employee of the District. The parties agree that, during the 1999-2000 school year, the planning phase of the Immediate Intervention in Underperforming School Program (IIUSP) will be conducted and a written plan will be submitted to the state. In addition, other new state laws regarding student and school improvement will be implemented, generating new requirements and guidelines which will impact evaluation. In the event that the IIUSP plan and/or state law and guidelines require changes in the evaluation procedures in this Article or Policy 4520, either party may reopen this Article or Policy 4520 for negotiation by serving written notice on the other party. Negotiations will begin as soon as reasonably possible after notice. This provision is independent of the provisions in Article XXII. Parents or guardians of pupils enrolled in the District may present informal (oral) and/or formal (written) complaints regarding employees to the District. Parents or guardians should be encouraged to present informal (oral) complaints first with the employee who is the subject of the complaint, or with that employee’s immediate supervisor, prior to presenting any formal (written) complaint to the Districtfile containing evaluations. 1. The employee’s immediate supervisor or a designee conducts an investigation about the complaint. Such investigation may include a conference with the complainant, a District representative, the employee, and the employee’s representative. 2. The employee has been given prior notice of the informal (oral) complaint and any record to be filed such that the employee has reasonable opportunity (ten calendar days) to present relevant information to his or her immediate supervisor or the Superintendent.

Employee Evaluation Procedures. All certificated employees recognized 5.1 A labor and management committee (L&MC) including representatives of Local 1021 and Stationary Engineers Local 39 shall review and approve new evaluation forms. The following procedure shall be strictly adhered to: a. Only the first level manager shall evaluate the employee by this Agreement are to means of a performance evaluation. At no time will any classified employee be evaluated in a regular and systematic method as described in Certificated Evaluation Form (attached as Exhibit J). 1. Teachers to be formally evaluated during the current year shall be so notified by October a. Permanent teachers shall be evaluated no less than once every two yearsanother classified employee or by any faculty member. b. Beginning 2012-13For probationary employees: the evaluation will be at the end of the second and the fifth months of service. If an employee's probationary period is extended pursuant to Section 8.16, unit members with permanent status who have been employed at lest ten (10) years with another evaluation will occur one month before the school district, are defined as highly qualified by conclusion of the federal No Child Left Behind Act of 2001, and whose previous evaluation rated the employee as meeting or exceeding standards, shall probationary period. Probationary employees can be evaluated every (3) years. c. Probationary teachers shall receive a minimum of two formal evaluations a year, one released prior to winter recess and one in the spring. d. Permanent teachers receiving an overall unsatisfactory evaluation shall be evaluated on, at least, an annual basis, until the teacher achieves an overall satisfactory evaluation or is separated from the District. e. Teachers hired after October 1 shall be formally evaluated as determined by the site administrator. 2obtaining permanency status. Permanent teachers not notified by October 1 The termination shall not be formally evaluated unless the teacher has been given a thirty (30) day written notice no later than December 1 to institute the formal evaluation process. This evaluation notice must be approved by the District prior to implementation. 3. Nothing in the procedure shall preclude any additional evaluation conferences, observations, or formal evaluations at the discretion of the evaluator. Nothing in this procedure shall preclude the teacher from requesting additional conferences or evaluations. 4. The final evaluation shall be delivered to the teacher no later than May 1. The judgments reached by the evaluator are not subject to the grievance procedure. 5c. For permanent employees: the evaluation will occur annually, during the month in which the employee attained permanency in his/her present position. Timely evaluations shall cover the preceding 12-month period of employment and should not reach back in time to a prior evaluation period, except for matters under investigation in the 12 month period. Other exceptions shall be subject to agreement by the District and union. The unit member has the right to submit a rebuttal to an annual evaluation within ten (10) working days. d. Upon completing the performance evaluation report, the evaluator shall present The reports shall be completed on forms prescribed by the District. In order for an employee to receive a below standard evaluation, the first level manager must include supporting factual information. For permanent employees returning from a leave, and where the unit member’s immediate supervisor and/or other site/central office administrator. Any employee who receives an unsatisfactory annual evaluation may be provided a subsequent performance evaluation if the District deems it appropriate using the same evaluation procedure as described above. The evaluator of the employee will was to take affirmative steps to assist the employee to make the necessary improvements in instruction to overcome the unsatisfactory evaluation. Such help will include specific recommendations for improvement and assistance in implementing the recommendations for improvement. Every employee shall be informed immediately of any complaint made concerning him or her by parents or residents unless the District determines that informing the employee will impede the investigation, create a risk of injury to any person or damage to property, or is unnecessary because the complaint is without merit. Regardlessplace while they were on leave, the employee first-level manager will have the right to conduct the annual evaluation no sooner than thirty (30) working days and within sixty (60) working days after the unit member’s return. e. For unit members returning from leave and who return after their anniversary/evaluation date, the unit member can only be notified in a timely manner of any District investigated complaint by a parent or resident. The District recognizes that each new teacher evaluated for the time worked during the evaluation period in the District has potential needs for training, assistance, and evaluation. At the time a new teacher is assigned to a school within the District, he or she shall receive written assurance that the District recognizes such potential needs. This provision is intended solely to comply with the requirements of Education Code Section 35160.5(b) and is intended to be used and shall be used for no other purpose whatsoever. Nothing in this provision is intended to create any legal right or defense or discharge or release any legal duty or obligation held by any employee of the District. The parties agree that, during the 1999-2000 school previous year, the planning phase of the Immediate Intervention in Underperforming School Program (IIUSP) will be conducted and a written plan will be submitted to the state. In addition, other new state laws regarding student and school improvement will be implemented, generating new requirements and guidelines which will impact evaluation. . f. In the event that the IIUSP plan and/or state law and guidelines require unit member was supervised by more than one first-level manager during their evaluation period due to organizational changes or extenuating circumstances, the evaluation shall contain a statement explaining the division of time between first-level managers included in the evaluation. Each first level manager’s evaluation procedures shall be limited to the time they supervised the unit member. g. Upon completing the performance evaluation report, the evaluator shall present it to the employee and discuss it with him/her. h. The employee shall then sign the report in this Article order to indicate his/her receipt and he/she shall receive a signed copy. i. Only items a through f above shall be subject to the grievance procedure. If an employee intends to grieve a through f above, he/she must file the grievance not later than five (5) working days after the completion of "f" above. j. If an employee who receives an overall rating of “unsatisfactory” believes that the rating was arbitrary or Policy 4520lacking in factual foundation, either party then he/she may reopen this Article or Policy 4520 request the reviewing manager (president/site administrator) to conduct an administrative review, provided that the request for negotiation by serving written notice on the other party. Negotiations will begin as soon as reasonably possible after notice. This provision is independent such review shall be made in writing within five (5) work days of the provisions in Article XXII. Parents or guardians of pupils enrolled in the District may present informal (oral) and/or formal (written) complaints regarding employees to the District. Parents or guardians should be encouraged to present informal (oral) complaints first with the employee who is the subject of the complaint, or with that employee’s immediate supervisor, prior to presenting any formal (written) complaint to the District. 1. The employee’s immediate supervisor or a designee conducts an investigation about the complaint. Such investigation may include a evaluation conference with the complainantfirst level manager. The District shall grant an additional five work days for response if the employee or Union so requests during the initial five day period. The Union may request the attendance of the Vice Chancellor for Human Resources and Employee Relations or his/her designee at this meeting. In conducting an administrative review, a District representativethe reviewing manager shall review the evaluation and pertinent background material, meet with the employee, and as appropriate meet with the employee’s representativeevaluator. The decision of the reviewing manager shall be final and shall not be subject to grievance procedure. i. Within six (6) months of the signing of the agreement, the District and Union will convene a committee of three (3) Bargaining unit members, and two (2. The ) District representatives to discuss the performance evaluation forms. 5.2 For permanent employees, where there are performance deficiencies by a unit member, the first- level manager shall provide the employee has been given prior with a written notice of the informal (oral) complaint deficiencies. A reasonable period of remediation shall be granted before the annual performance evaluation is given and the unit member shall make a reasonable effort to improve their performance in accordance with the performance Improvement plan. a. If a performance deficiency is noted by a first-level manager, it shall be brought to the unit member’s attention in a specific manner, so as to give the unit member a clear notice of the problem. The first- level manager shall offer suggestions for improvement, may offer training opportunities for improvement, and shall do so in writing. The unit member will then be given a reasonable opportunity to correct the problem before any record further action is taken against him/her. b. When a deficiency is satisfactorily corrected, the unit member shall be so informed in writing. It shall be presumed that the unit member’s performance continues to be filed such that satisfactory, unless the employee unit member has reasonable opportunity been otherwise notified in writing of less than satisfactory performance and/or a need to improve. c. For the purpose of this Article, the term “Performance deficiencies” does not include circumstances involving potential workplace violence or alleged violation of the District's Unlawful Discrimination and Sexual Harassment Complaint and Investigation Procedures for Employees and Students. d. Unit members have the right to rebut a performance improvement plan and submit it to Human Resources within ten (ten calendar days10) to present relevant information to his or her immediate supervisor or working days after receipt of the Superintendentplan.

Employee Evaluation Procedures. All certificated employees recognized by this Agreement are The District will establish an Evaluation Subcommittee to review and recommend improvements to the existing evaluation tool for classroom teachers, create/recommend an appropriate evaluation tool for School Psychologist, School Nurse, Speech Language Therapists and Guidance Counselors. The subcommittee to be evaluated in composed of an equal number of District and WSCTA members, for a regular and systematic method as described in Certificated Evaluation Form total membership not to exceed eight (attached as Exhibit J)8). The Association retains the right to select up to four (4) committee members. 1. Teachers 11.1 These are the areas to be formally evaluated during the current year shall considered in evaluations and only as they pertain to a unit member's in-class performance and other duties normally required to be so notified by Octoberperformed as an adjunct to their regular assignment: a. Permanent teachers Classroom performance b. Supervision of students c. Involvement in co-curricular activities d. Examples of professional growth - such as coursework, or involvement in professional activities and associations. The District and WSCTA agree the Guide to Understanding the Teacher Evaluation Process and evaluation forms will be included in the WSCTA Contract as an Appendix. Changes to the guide or forms will be made by mutual consent of the Association and District. 11.2 The District Superintendent shall make efforts to insure that the evaluators have current knowledge of procedures and techniques of evaluation and that these criteria are fairly and equally observed. 11.3 Every temporary or probationary certificated employee shall be evaluated by the administration in writing at least once each school year. • Unit Members will be notified within the first four weeks of school that they will be evaluated, and a pre- evaluation conference will be scheduled. • By the end of the first quarter, the evaluator will meet with the unit member to seek agreement of the evaluation process, the CSTP/Academic Standard requirements, Employee Goal Sheet and other related evaluation requirements. • Unit Members will have a minimum of two pre-arranged classroom observations. • Unit Members will address two or more course specific Academic Standards, plus CSTP standards two, three and four. • Unit Members shall complete the Certification Goal Sheet prior to the first classroom observation. • Classroom observations will be an entire class period, including the beginning and end of a lesson as pre- arranged by the unit member and evaluator. • The first observation will be completed by December 1. • The evaluator will hold a conference with the unit member about each observation within three (3) school days of each observation. • Unit members will receive the written final evaluation no less later than once every two yearsthirty (30) days before the last day of the school year, with the final evaluation conference scheduled no more than three (3) days later. b. Beginning 2012-13, 11.4 All permanent certificated employees may be evaluated by the administration in writing every year. All permanent unit members with permanent status who have been employed at lest least three years will be evaluated at least every other year. 11.4.1 All permanent unit members to be evaluated within a school year will be notified within the first four (4) weeks of school. 11.4.2 For those permanent unit members who have been employed at least ten (10) years with the school district, are defined as highly qualified by the federal No Child Left Behind Act of 2001as defined in 20 U.S.C. Sec. 7801 (ESEA), and whose immediately previous evaluation rated the employees as <standards met or exceeded= evaluation will be done every five years by mutual agreement of the unit member and the evaluator. The unit member or the evaluator may withdraw consent at any time. • Unit Members will be notified within the first four weeks of school that they will be evaluated, and a pre- evaluation conference will be scheduled. • By the end of the first quarter, the evaluator and the employee will meet to determine the evaluation process (Alternative or Traditional) and to discuss the required timelines, meeting dates, Employee Goal Sheet, project responsibilities and the observation/evaluation procedures to be used. • Traditional Process: Unit Members using the Traditional Process will have a minimum of one pre-arranged classroom observation. • Alternative Process: Unit Members with the Alternative Evaluation Plan will have minimum of three meetings per year to discuss and evaluate the Alternative Plan. • Unit Members will address two or more course specific Academic Standards, plus any two CSTP standards. • Classroom observations will be an entire class period, including the beginning and end of a lesson as meeting or exceeding standards, shall be evaluated every pre- arranged by the unit member and evaluator. • The evaluator will hold a conference with the unit member about each observation within three (3) years. c. Probationary teachers shall school days of each observation. • Unit members will receive a minimum of two formal evaluations a year, one prior to winter recess and one in the spring. d. Permanent teachers receiving an overall unsatisfactory written final evaluation shall be evaluated on, at least, an annual basis, until the teacher achieves an overall satisfactory evaluation or is separated from the District. e. Teachers hired after October 1 shall be formally evaluated as determined by the site administrator. 2. Permanent teachers not notified by October 1 shall not be formally evaluated unless the teacher has been given a no later than thirty (30) days before the last day written notice of the school year, with the final evaluation conference scheduled no more than three (3) days later. 11.5 No later than December November 1 of each year, the evaluator shall determine the activities, the standards of performance, and the assessment procedures to institute be used in the formal evaluation, after discussion with the evaluate. By mutual agreement the evaluation processplan may be modified. 11.6 Any evaluator or unit member who has difficulty meeting the timelines in this article may request a meeting with the Superintendent and the Association President (or designees) to assist in resolving the issues. 11.7 The entire evaluation process shall include at least one classroom observation of an entire class period including the beginning and ending of the lesson as pre-arranged by the unit member and evaluator. 11.8 If the results from the initial observation lead the administrator to conclude that a summative rating of <needs improvement= or <unsatisfactory= is likely then within 10 school days a conference will be held between the evaluator and evaluatee to articulate the specific deficiencies. This evaluation notice must A second observation of an entire class period will be scheduled by mutual agreement within 20 school days. 11.9 Any certificated employee who receives a summative rating of <needs improvement= or <unsatisfactory= shall upon written request, be entitled to a subsequent observation, conference, and written evaluation, as prescribed above. Such subsequent evaluations shall concentrate upon deficiencies previously noted. Such entitlement shall continue after each written evaluation. Evaluatees shall be provided with additional support through a written performance improvement plan. The Peer Assistance and Review Process will remain in effect until a written performance improvement plan is approved by the District prior and Association. All other references to implementationthe Peer Assistance and Review (PAR) program in the Contract will be deleted. 311.10 Whether the deficiencies are identified in an observation or summative evaluation, both the evaluator and the evaluatee shall make affirmative action to correct any cited deficiencies. Nothing in Such action on the procedure shall preclude any additional evaluation conferences, observations, or formal evaluations at the discretion part of the evaluator. Nothing evaluator shall include specific recommendations for improvement, assistance in this procedure shall preclude implementing those recommendations, and adequate released time for the teacher from requesting additional conferences or evaluationscertificated employee to visit and observe other similar classes when the evaluator and evaluatee agree upon the necessity for such visits. 4. The final 11.11 Each written evaluation shall be delivered to the teacher no later than May 1. The judgments reached signed by the evaluator and evaluatee and placed in the employee's personnel file. If the evaluator and evaluatee cannot reach consensus, the evaluatee may attach his/her dissenting comments to the evaluator's evaluation, and both shall be placed in the evaluatee's personnel file. 11.12 The employee evaluation procedures, including the areas to be considered in evaluations listed in Article 11.1, are subject to grievance. The evaluator’s findings and conclusions in the employee’s written evaluation are not subject to the grievance proceduregrievance. 5. The evaluator 11.13 If subsequent remedial action eliminates the <needs improvement= or <unsatisfactory= evaluation and/or the identified deficiencies, the evaluation(s) citing such deficiencies shall be removed from the evaluatee's file after a period of five years and returned to the employee. 11.14 No unit member shall be held accountable for correcting any deficiencies noted on an evaluation over which it can be demonstrated that the unit member has no reasonably expected authority or ability to correct. 11.15 After evaluations have been placed in a unit member's file, a log attached to the file shall be kept of who consults the evaluations, when, and for what reason(s). 11.16 Only one confidential file containing these evaluations shall be maintained on each employee. Such a file shall be kept in the Personnel Office of the District Office. Access to such a file shall be limited to the unit member involved, members of the administrative personnel on a need to know basis, members of the Board of Education and others as approved by the unit member’s immediate supervisor and/or other site. 11.17 The written evaluation shall not include any reference to a unit member's use of force in the performance of his/central office administrator. Any employee who receives an unsatisfactory evaluation may be her duties provided that force in no event exceeded the amount of force reasonably necessary to maintain order. 11.18 Unless otherwise agreed to by the involved unit member, a subsequent performance evaluation if unit member's personnel file shall not include any evaluations and ratings that were obtained prior to the District deems it appropriate using the same evaluation procedure as described above. The evaluator employment of the employee will take affirmative steps to assist the employee to make the necessary improvements in instruction to overcome the unsatisfactory evaluation. Such help will include specific recommendations for improvement and assistance in implementing the recommendations for improvement. Every employee shall be informed immediately of any complaint made concerning him or her unit member by parents or residents unless the District determines that informing the employee will impede the investigation, create a risk of injury to any person or damage to propertythis district, or is unnecessary because the complaint is without merit. Regardless, the employee will were obtained in connection with a promotional examination. 11.19 The voluntary transfer denial form shall not be notified in considered a timely manner of any District investigated complaint by a parent or resident. The District recognizes that each new teacher formal written evaluation and shall not be kept in the District has potential needs for training, assistance, and evaluation. At the time a new teacher is assigned to a school within the District, he or she shall receive written assurance that the District recognizes such potential needs. This provision is intended solely to comply with the requirements of Education Code Section 35160.5(b) and is intended to be used and shall be used for no other purpose whatsoever. Nothing in this provision is intended to create any legal right or defense or discharge or release any legal duty or obligation held by any employee of the District. The parties agree that, during the 1999-2000 school year, the planning phase of the Immediate Intervention in Underperforming School Program (IIUSP) will be conducted and a written plan will be submitted to the state. In addition, other new state laws regarding student and school improvement will be implemented, generating new requirements and guidelines which will impact evaluation. In the event that the IIUSP plan and/or state law and guidelines require changes in the evaluation procedures in this Article or Policy 4520, either party may reopen this Article or Policy 4520 for negotiation by serving written notice on the other party. Negotiations will begin as soon as reasonably possible after notice. This provision is independent of the provisions in Article XXII. Parents or guardians of pupils enrolled in the District may present informal (oral) and/or formal (written) complaints regarding employees to the District. Parents or guardians should be encouraged to present informal (oral) complaints first with the employee who is the subject of the complaint, or with that employee’s immediate supervisor, prior to presenting any formal (written) complaint to the Districtfile containing evaluations. 1. The employee’s immediate supervisor or a designee conducts an investigation about the complaint. Such investigation may include a conference with the complainant, a District representative, the employee, and the employee’s representative. 2. The employee has been given prior notice of the informal (oral) complaint and any record to be filed such that the employee has reasonable opportunity (ten calendar days) to present relevant information to his or her immediate supervisor or the Superintendent.