Common use of PROCEDURES WHERE DISMISSAL IS BASED ON PERFORMANCE Clause in Contracts

PROCEDURES WHERE DISMISSAL IS BASED ON PERFORMANCE. 21.1 The Board may dismiss a teacher on the basis of less than satisfactory teaching performance where the Board has received at least three (3) reports prepared in accordance with Article E.24 (Evaluation of Teaching), each indicating less than satisfactory performance or two (2) reports in the case of teachers who are in their first eight (8) months of employment with the Board. i. The reports shall have been issued in a period of not less than twelve (12) or more than twenty-four (24) months and not less than four (4) or more than eight (8) months when two (2) reports are required for dismissal. ii. Absences on sick leave or other leaves of absence shall not be included in the calculation of the period referred to in this section. iii. Where 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. Such a period shall not be included in the calculation of the period referred to in this Article C.21.1.a.i. iv. The reports referred to in paragraph (a) shall have been prepared in accordance with the process established in Article E.24.5 (Evaluation of Teaching) of this Agreement. b. At least one of the reports shall be a report of the Superintendent of Schools or the Assistant Superintendent of Schools. c. The other report(s) shall include reports of: i. the Superintendent of Schools, or the Assistant Superintendent of Schools; ii. the Director of Instruction; iii. the Principal of the school to which the teacher is assigned; iv. the Principal of another school within the district which is the same level as the school in which the teacher is assigned. 21.2 The reports shall be written by two different evaluators. Where three (3) reports are required, the third report shall be prepared by a third evaluator if requested by the teacher. 21.3 The report writers shall not collaborate in writing any report. 21.4 Where a teacher receives a less than satisfactory report, the teacher: a. may request a transfer, in which case the Board shall make all reasonable efforts to arrange the transfer of the teacher to a mutually agreeable assignment or school; or b. may, when three (3) reports are required for the dismissal of the teacher, request and shall be granted leave of absence for a period to be approved by the Board and not to exceed 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 two (2) months nor more than six (6) months after the teacher has returned to teaching duties. In the request for leave, the teacher shall outline the course of study he/she intends to embark upon, indicating the institution(s) where the study may be taken as well as the expected time frame. 21.5 Where the Board intends to dismiss a teacher on the grounds of less than satisfactory teaching performance, it shall, no later than two (2) calendar months prior to the notice of dismissal, give the teacher and the president of the Association written notice of its intention and shall set a time for a meeting within fourteen (14) days of the issue of notice or intention at which time the teacher and his/her representative shall have the opportunity to meet with the Superintendent of Schools and the Board. 21.6 Where, subsequent to such meeting, the Board decides to dismiss a teacher pursuant to this Article, it shall, issue a notice of dismissal of at least one (1) month, setting out the grounds for such action.

PROCEDURES WHERE DISMISSAL IS BASED ON PERFORMANCE. 21.1 1. The Board may shall not dismiss a teacher on the basis of less than satisfactory teaching performance except where the Board has received at least three (3) reports pursuant to Article E22 of this Agreement indicating that the learning situation in the class or classes of the teacher is less than satisfactory. 2. The reports referred to in C21.1 shall be prepared in accordance with the process established in Article E.24 E22 (Evaluation of Teaching)Teachers) of this Agreement, each indicating less than satisfactory performance or two (2) reports and in the case of teachers who are in their first eight (8) months of employment accordance with the Board.following conditions: i. The a. the reports shall have been issued in a period of not less than twelve (12) 12 or more than twenty-four (24) months and not less than four (4) or more than eight (8) months when two (2) reports are required for dismissal.24 months; ii. Absences on sick leave or other leaves of absence shall not be included in the calculation of the period referred to in this section. iii. Where 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 b. 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. Such a period shall not be included in the calculation of the period referred to in this Article C.21.1.a.i. iv. The reports referred to in paragraph (a) shall have been prepared in accordance with the process established in Article E.24.5 (Evaluation of Teaching) of this Agreement. b. At least one of the reports shall be a report of the a District Superintendent of Schools, a Superintendent of Schools or the an Assistant Superintendent of Schools.; c. The the other report(stwo (2) reports shall include only reports of: i. the a District Superintendent of Schools, a Superintendent of Schools or the an Assistant Superintendent of Schools; ii. the a Director of Instruction; , or iii. the Principal principal of the a school to which the teacher is assigned;. iv. d. Where more than one (1) of the Principal of another school within the district which three (3) reports is written by the same level as person at least six (6) months shall have elapsed between the school in which writing of the teacher is assignedfirst and the final report by that person. 21.2 e. The reports shall be written by two different evaluators. Where three (3) reports are required, the third report shall be prepared by a third evaluator if requested by the teacherindependently of each other. 21.3 The report writers shall not collaborate in writing any report. 21.4 f. Where a teacher receives a less than satisfactory report, the teacher: a. may request a transfer, in which case the Board shall make all reasonable efforts has, after the receipt of one (1) or more such reports, recommended to arrange the transfer of the teacher to a mutually agreeable assignment or school; or b. may, when three (3) reports are required for the dismissal of the teacher, request and shall be granted leave of absence for a period to be approved by the Board and not to exceed one year for teacher has accepted the purpose of taking a recommendation, that the teacher undertake an agreed program of professional or academic instruction, in which case subsequent evaluation or both, the remaining report or reports shall be undertaken based on inspection of the learning situation or other duties of the teacher not less than two three (23) months nor or more than six (6) months after the teacher has returned to teaching duties. In his/her duties and each report shall be issued within two (2) weeks of the request for leave, the teacher shall outline the course of study he/she intends to embark upon, indicating the institution(s) where the study may be taken as well as the expected time frameinspection. 21.5 3. Where the Board intends to dismiss a teacher on the grounds of less than satisfactory teaching performancesituation, it shall, no later than two (2) calendar months prior to the notice end of dismissala school term, give notify the teacher and the president President of the Association written notice Union of its such intention and shall set a time provide an opportunity for a meeting within fourteen (14) days of the issue of notice or intention at which time the teacher and hisher/her his representative shall have the opportunity to meet with the Superintendent of Schools and the BoardBoard within 14 days of such notice. 21.6 4. Where, subsequent to such meeting, the Board decides to dismiss a teacher pursuant to this Articleteacher, it shall, shall issue a notice of dismissal of at least one (1) monthmonth prior to the end of a school term, to be effective at the end of that school term, setting out the grounds for such action.

PROCEDURES WHERE DISMISSAL IS BASED ON PERFORMANCE. 21.1 1. The Board may shall not dismiss a teacher on the basis of less than satisfactory teaching performance an employee except where the Board has received at least three (3) reports pursuant to Article E.22 of this Agreement indicating that the learning situation in the class or classes of the employee is less than satisfactory. 2. The reports referred to in C.21.1 shall be prepared in accordance with the process established in Article E.24 E.22 (Evaluation of Teaching)Teachers) of this Agreement, each indicating less than satisfactory performance or two (2) reports and in the case of teachers who are in their first eight (8) months of employment accordance with the Board.following conditions: i. The a. the reports shall have been issued in a period of not less than twelve (12) or more than twenty-four (24) months and not less than four (4) or more than eight (8) months when two (2) reports are required for dismissal.months; ii. Absences on sick leave or other leaves of absence shall not be included in the calculation of the period referred to in this section. iii. Where 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 b. 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. Such a period shall not be included in the calculation of the period referred to in this Article C.21.1.a.i. iv. The reports referred to in paragraph (a) shall have been prepared in accordance with the process established in Article E.24.5 (Evaluation of Teaching) of this Agreement. b. At least one of the reports shall be a report of the a District Superintendent of Schools, a Superintendent of Schools or the an Assistant Superintendent of Schools.; c. The the other report(stwo (2) reports shall include only reports of: i. the a District Superintendent of Schools, a Superintendent of Schools or the an Assistant Superintendent of Schools; ii. the a Director of Instruction; , or iii. the Principal principal of the a school to which the teacher is assigned; iv. the Principal of another school within the district which is the same level as the school in which the teacher employee is assigned. 21.2 d. Where more than one (1) of the three (3) reports is written by the same person at least six (6) months shall have elapsed between the writing of the first and the final report by that person. e. The reports shall be written by two different evaluators. Where three (3) reports are required, the third report shall be prepared by a third evaluator if requested by the teacherindependently of each other. 21.3 The report writers shall not collaborate in writing any report. 21.4 f. Where a teacher receives a less than satisfactory report, the teacher: a. may request a transfer, in which case the Board shall make all reasonable efforts has, after the receipt of one (1) or more such reports, recommended to arrange the transfer of employee, and the teacher to a mutually agreeable assignment or school; or b. mayemployee has accepted the recommendation, when three (3) reports are required for that the dismissal of the teacher, request and shall be granted leave of absence for a period to be approved by the Board and not to exceed one year for the purpose of taking a employee undertake an agreed program of professional or academic instruction, in which case subsequent evaluation or both, the remaining report or reports shall be undertaken based on inspection of the learning situation or other duties of the employee not less than two three (23) months nor or more than six (6) months after the teacher employee has returned to teaching duties. In their duties and each report shall be issued within two (2) weeks of the request for leave, the teacher shall outline the course of study he/she intends to embark upon, indicating the institution(s) where the study may be taken as well as the expected time frameinspection. 21.5 3. Where the Board intends to dismiss a teacher an employee on the grounds of less than satisfactory teaching performancesituation, it shall, no later than two (2) calendar months prior to the notice end of dismissala school term, give notify the teacher employee and the president President of the Association written notice Union of its such intention and shall set a time provide an opportunity for a meeting the employee and their representative to meet with the Superintendent and the Board within fourteen (14) days of the issue of notice or intention at which time the teacher and his/her representative shall have the opportunity to meet with the Superintendent of Schools and the Boardsuch notice. 21.6 4. Where, subsequent to such meeting, the Board decides to dismiss a teacher pursuant to this Articlean employee, it shall, shall issue a notice of dismissal of at least one (1) monthmonth prior to the end of a school term, to be effective at the end of that school term, setting out the grounds for such action.