TEACHER EVALUATION A. The administration will be evaluating the teacher’s performance within the time of formal responsibility. The evaluation process and form will be shared with the Association Building Representatives at the beginning of each school year.
(a) Probationary teachers shall be evaluated at least two (2) times a year. The first evaluation will be completed prior to December 1st and the second prior to April 15th. Each evaluation will be based upon announced, unannounced, informal observations, on the performance of other duties and responsibilities and the goals developed in the Individualized Development Plan (IDP). The announced and unannounced observations should be a minimum of thirty (30) minutes in length. The observations may occur at anytime prior to the development of the written evaluation, but at least one of them must be planned in consultation with the probationary teacher. The results of formal observations will be discussed with the teacher in a timely manner. The information gathered during the observations will be used to write the evaluations.
(b) Tenured teachers will be evaluated on a rotating schedule, but no less than once every three- (3) years. The administration reserves the right to evaluate a tenured teacher more often. The evaluation will be based upon announced, unannounced, informal observations and on the performance of other duties and responsibilities. The announced and unannounced observations should be a minimum of thirty (30) minutes in length. The observations may occur at any time prior to the development of the written evaluation, but at least one of them must be planned in consultation with the tenured teacher. The results of formal observations will be discussed with the teacher in a timely manner. The information gathered during the observations will be used to write the evaluations.
2. The administrator shall prepare and submit a written evaluation and recommendations to the teacher prior to May 30th of the year they are evaluated. The administrator shall hold a conference with the teacher to discuss the written evaluation and recommendations.
3. Upon receipt of the evaluation the teacher will sign the form indicating his/her receipt of the report. The signature on the form does not constitute his/her approval unless specifically noted.
4. Teachers involved with the instruction of Advanced Placement courses will be evaluated. This evaluation in the first year will be made part of the formal evaluation only at the request of the teacher.
B. A teacher who disagrees with the content or procedure of evaluation may submit a written answer which shall be attached to the file copy of the evaluation in question and/or submit any complaints through Level 4 of the grievance procedure.
C. If an administrator believes a teacher is doing unacceptable work, the reasons shall be set forth in specific terms. Included will be examples of specific ways in which the teacher is to improve and assistance may be given by the administrator and other staff members. In subsequent conferences it shall be the responsibility of the individual teacher to inquire whether adequate improvement has taken place.
D. Monitoring and observation of the work performance of the teacher shall be conducted openly. The public address or audio system or similar types of communications will not be used for the purpose of evaluation.
E. The Board and the Association recognize that the ability of pupils to progress and mature academically is a combined result of the school, home, economic and social environment and that teachers alone cannot be held accountable for all aspects of the academic achievement of the pupil in the classroom. Test results of academic progress of students shall not be used as the sole determinant or in isolated instances to evaluate the quality of a teacher's service or fitness for retention.
F. All communications, including evaluations by Milan Administrators, commendations, and documented complaints directed toward the teacher which are to be included in the personnel file shall be made available for review of the teacher prior to placement in the file; a copy of any such communication will be provided to the teacher at this time. Pre-placement information such as confidential credentials, letters of reference from universities, individuals, or previous employers are exempt from such review. A written statement for inclusion in the personnel file may then be made by the teacher in regard to materials that were not signed by the teacher. A representative of the Association may accompany the teacher.
G. Ordinarily, observations of teachers shall not be for less than a full class period or for the duration of a particular teaching lesson.
Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the allottee at the time of conveyance of the same.
Procedure for Exercise (a) The Option may be exercised with respect to that portion of the Option which is exercisable at any particular time (the “Vested Shares”), from time to time, in whole or in part (but for the purchase of whole shares only), by delivery of a written notice (the “Exercise Notice”) from the Optionee to the Company, which Exercise Notice shall:
(i) state that the Optionee elects to exercise the Option;
(ii) state the number of Vested Shares with respect to which the Optionee is exercising the Option;
(iii) in the event that the Option shall be exercised by the representative of the Optionee’s estate, include appropriate proof of the right of such Person to exercise the Option;
(iv) state the date upon which the Optionee desires to consummate the purchase of such Vested Shares (which date must be prior to the termination of the Option); and
(v) comply with such further provisions as the Company may reasonably require.
(b) Payment of the Exercise Price for the Vested Shares to be purchased on the exercise of the Option shall be made by (i) certified or bank cashier’s check payable to the order of the Company, or if determined by the Administrator at the time of exercise, in its sole discretion, in (ii) the form of Shares already owned by the Optionee which have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Shares as to which such Option shall be exercised, or (iii) authorization for the Company to withhold a number of shares otherwise payable pursuant to the exercise of an Option having a Fair Market Value less than or equal to the aggregate Exercise Price, or (iv) any other form of consideration approved by the Administrator and permitted by applicable law or (v) any combination of the foregoing.
(c) As a condition of delivery of the Vested Shares, the Company shall have the right to require the Optionee to remit to the Company in cash an amount sufficient to satisfy any federal, state and local withholding tax requirements related thereto. The Company in its sole discretion may permit the Optionee to satisfy the foregoing requirement by electing to have the Company withhold from delivery Shares or by delivering already owned unrestricted Shares, in each case, having a value equal to the minimum amount of tax required to be withheld. Such shares shall be valued at their Fair Market Value on the date as of which the amount of tax to be withheld is determined.
Procedure for Termination The party designated in Section 4.03 of the Trust Agreement shall advise the Securities Administrator in writing of its election to cause a Terminating Purchase, no later than the Distribution Date in the month preceding the Distribution Date on which the Terminating Purchase will occur. Notice of the Distribution Date on which any such termination shall occur (or the Distribution Date on which final payment or other Liquidation of the last Mortgage Loan remaining in the Trust or the disposition of the last REO Property remaining in the Trust will be distributed to Certificateholders, as reflected in the Remittance Report for such month (the “Final Distribution Date”) shall be given promptly by the Securities Administrator by letter to Certificateholders mailed (a) in the event such notice is given in connection with a Terminating Purchase, not earlier than the 15th day of the month preceding such final distribution and not later than the 5th day of the month of such final distribution or (b) otherwise during the month of such final distribution on or before the Servicing Remittance Date in such month, in each case specifying (i) the Final Distribution Date and that final payment of the Certificates will be made upon presentation and surrender of Certificates at the office of the Securities Administrator therein designated on that date, (ii) the amount of any such final payment and (iii) that the Record Date otherwise applicable to such Final Distribution Date is not applicable, payments being made only upon presentation and surrender of the Certificates at the office of the Securities Administrator. The Securities Administrator shall give such notice to the Certificate Registrar at the time such notice is given to Certificateholders. In the event such notice is given in connection with a Terminating Purchase, the purchaser shall deliver to the Securities Administrator for deposit in the Certificate Account on the Business Day immediately preceding the Final Distribution Date an amount in next day funds equal to the Termination Price, as the case may be. Upon presentation and surrender of the Certificates on a Distribution Date by Certificateholders, the Securities Administrator shall distribute to Certificateholders (A) the amount otherwise distributable on such Distribution Date, if not in connection with Terminating Purchase, or (B) if in connection with a Terminating Purchase, an amount determined as follows: with respect to each Certificate with an outstanding Certificate Balance, the outstanding Certificate Balance thereof, plus interest thereon through the Accounting Date preceding the Distribution Date fixed for termination and any previously unpaid interest, net of unrealized losses, Realized Interest Shortfall and Shortfall with respect thereto; and in addition, with respect to each Residual Certificate, the Percentage Interest evidenced thereby multiplied by the difference between the Termination Price and the aggregate amount to be distributed as provided in the first clause of this sentence and the next succeeding sentence. Upon the deposit of the Termination Price in the Certificate Account, the Securities Administrator, on behalf of the Trustee, and any Custodian acting as its agent, shall promptly release to the purchaser the Trustee Mortgage Loan Files for the remaining Mortgage Loans, and the Securities Administrator, on behalf of the Trustee, shall execute all assignments, endorsements and other instruments without recourse necessary to effectuate such transfer. The Trust shall terminate immediately following the deposit of funds in the Termination Account as provided below. In the event that all of the Certificateholders shall not surrender their Certificates within six months after the Final Distribution Date specified in the above-mentioned written notice, the Securities Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates and receive the final distribution with respect thereto, net of the cost of such second notice. If within one year after the second notice all the Certificates shall not have been surrendered for cancellation, the Securities Administrator may take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the amounts otherwise payable on such Certificates. Any funds payable to Certificateholders that are not distributed on the Final Distribution Date shall be deposited in a Termination Account, which shall be an Eligible Account, to be held for the benefit of Certificateholders not presenting and surrendering their Certificates in the aforesaid manner, and shall be disposed of in accordance with this Section. The Securities Administrator shall establish the Termination Accounts, which shall be Eligible Accounts, on or about the Closing Date.
