Common use of TEACHER EVALUATION AND APPEALS PROCESS Clause in Contracts

TEACHER EVALUATION AND APPEALS PROCESS. A. Process for Nonprobationary Teacher to Appeal a Second Consecutive Performance Evaluation Rating of Ineffective or Partially Effective a. the appeal process shall be appropriate to the size and location of the School District; b. the appeal process shall be fair and clearly communicated to Teachers, evaluators, Principals, and, where appropriate, students and parents of students; c. the appeal process shall be a component of a larger system designed to increase the number of educators able to be successful rather than provide excuses for failure; d. the appeal process shall be clearly connected to the School District’s educator evaluation process; and e. the appeal process shall be constructed to produce appeals decisions in a timely and decisive manner. The appeal process shall be developed, where applicable, through collective bargaining. The appeal process shall be voluntary for a Teacher, and initiated only if he or she chooses to file an appeal. At a minimum, the appeal process provided shall allow the nonprobationary Teacher to appeal the rating of ineffectiveness to the superintendent of the School District and shall place the burden upon the nonprobationary Teacher to demonstrate that a rating of effective was appropriate. The appeal process shall begin on the date that a Teacher receives his or her second consecutive Performance Evaluation Rating of ineffective or partially effective and shall conclude no more than forty-five (45) calendar days after he or she receives the Performance Evaluation Rating. A Teacher shall file an appeal within fifteen (15) calendar days after receiving his or her rating. These time requirements may be waived, by mutual agreement of both the Teacher and the School District. A Teacher is permitted only one appeal for the second consecutive Performance Evaluation Rating of ineffective or partially effective. A Teacher filing an appeal shall include all grounds for the appeal within a single written document. Any grounds not raised at the time the written appeal is filed shall be deemed waived. The grounds for an appeal shall be limited to the following: a. The evaluator did not follow evaluation procedures that adhere to the requirements of statute and rule and that failure had a material impact on the final Performance Evaluation Rating that was assigned (e.g., an observation was never completed or feedback was never shared with the Teacher); and/or b. The data relied upon was inaccurately attributed to the Teacher (e.g., data included in the evaluation was from students for whom the Teacher was not responsible). Any documents and/or proceedings related to the appeal process shall be confidential.

TEACHER EVALUATION AND APPEALS PROCESS. A. Process for Nonprobationary Teacher to Appeal a Second Consecutive Performance Evaluation Rating of Ineffective or Partially EffectiveEffective The following requirements shall apply to the appeal process developed by the Weld Re-5 School District for a nonprobationary Teacher to appeal a second consecutive Performance Evaluation Rating of ineffective or partially effective. For purposes of the appeal process, a rating of ineffective and a rating partially effective carry the same consequence; a Teacher shall lose nonprobationary status after receiving two consecutive ratings of either ineffective or partially effective. The appeal process shall allow for a final determination of the appealing Teacher’s Performance Evaluation Rating and a final determination of whether that Teacher retains nonprobationary status; it shall not serve the purpose of determining employment and/or termination. Beginning with the 2015-16 academic school year, the Weld Re-5J School District shall ensure that a nonprobationary Teacher who objects to a second consecutive Performance Evaluation Rating of ineffective or partially effective has an opportunity to appeal that rating. The appeal process shall adhere to the following principles: a. the appeal process shall be appropriate to the size and location of the School District; b. the appeal process shall be fair and clearly communicated to Teachers, evaluators, Principals, and, where appropriate, students and parents of students; c. the appeal process shall be a component of a larger system designed to increase the number of educators able to be successful rather than provide excuses for failure; d. the appeal process shall be clearly connected to the School District’s educator evaluation process; and e. the appeal process shall be constructed to produce appeals decisions in a timely and decisive manner. The appeal process shall be developed, where applicable, through collective bargaining. The appeal process shall be voluntary for a Teacher, and initiated only if he or she chooses to file an appeal. At a minimum, the appeal process provided shall allow the nonprobationary Teacher to appeal the rating of ineffectiveness to the superintendent of the School District and shall place the burden upon the nonprobationary Teacher to demonstrate that a rating of effective was appropriate. The appeal process shall begin on the date that a Teacher receives his or her second consecutive Performance Evaluation Rating of ineffective or partially effective and shall conclude no more than forty-five (45) calendar days after he or she receives the Performance Evaluation Rating. A Teacher shall file an appeal within fifteen (15) calendar days after receiving his or her rating. These time requirements may be waived, by mutual agreement of both the Teacher and the School District. A Teacher is permitted only one appeal for the second consecutive Performance Evaluation Rating of ineffective or partially effective. A Teacher filing an appeal shall include all grounds for the appeal within a single written document. Any grounds not raised at the time the written appeal is filed shall be deemed waived. The grounds for an appeal shall be limited to the following: a. The evaluator did not follow evaluation procedures that adhere to the requirements of statute and rule and that failure had a material impact on the final Performance Evaluation Rating that was assigned (e.g., an observation was never completed or feedback was never shared with the Teacher); and/or b. The data relied upon was inaccurately attributed to the Teacher (e.g., data included in the evaluation was from students for whom the Teacher was not responsible). Any documents and/or proceedings related to the appeal process shall be confidential. B. Review Panel and Process The Colorado Department Education has included in the State Model System a model appeal process for a nonprobationary Teacher to appeal a second consecutive Performance Evaluation Rating of ineffective or partially effective. The Weld Re-5J School District has adopted the State Model System and has agreed to use the model appeal process that incorporates the use of a review panel which shall include the following components: a. The review panel shall serve in an advisory capacity to the superintendent. The superintendent shall be the final decision-making authority in determining the Teacher’s final Performance Evaluation Rating. b. The review panel shall be comprised of members that were not directly involved in the evaluation process for the appealing Teacher, employed at the appealing Teacher’s school, nor related to the appealing Teacher. The superintendent will not be a member of the review panel. c. All panelists appointed by the district and association (administrators and teachers) shall be trained regarding the evaluation and appeal procedure. The panel shall be comprised of three teachers and three administrators. The association will select the teachers to serve on the panel. d. The appealing Teacher shall be given the opportunity to address and provide evidence to the review panel in person or in writing. The review panel shall review any written information provided by the appealing Teacher prior to meeting to render a recommendation. e. The review panel may invite the Teacher or Teacher’s Principal to present in person or in writing where clarification is necessary; however, the Teacher and Principal shall have the right of refusal without prejudice. f. In the model process, in order to overturn a rating of ineffective or partially effective, the panel must unanimously find that the rating of ineffective or partially effective was inaccurate, with the potential for submission of a majority opinion to the superintendent if the panel is not able to reach unanimous consent. g. The superintendent shall be the final decision-making authority in determining a Teacher’s final Performance Evaluation Rating and whether a nonprobationary Teacher shall lose his or her nonprobationary status. The superintendent shall provide a written rationale for his or her final determination. If the superintendent determines that a rating of ineffective or partially effective was not accurate but there is not sufficient information to assign a rating of effective, the Teacher shall receive a “no score” and shall not lose his or her nonprobationary status. However, if in the following academic school year that Teacher receives a final Performance Evaluation Rating of ineffective or partially effective, this rating shall have the consequence of a second consecutive ineffective rating and the Teacher shall be subject to loss of nonprobationary status. The appeal process shall be the final determination in regard to the final Performance Evaluation Rating and loss or retention of nonprobationary status.

TEACHER EVALUATION AND APPEALS PROCESS. ‌ A. Process for Nonprobationary Teacher to Appeal a Second Consecutive Performance Evaluation Rating of Ineffective or Partially Effective a. the appeal process shall be appropriate to the size and location of the School District; b. the appeal process shall be fair and clearly communicated to Teachers, evaluators, Principals, and, where appropriate, students and parents of students; c. the appeal process shall be a component of a larger system designed to increase the number of educators able to be successful rather than provide excuses for failure; d. the appeal process shall be clearly connected to the School District’s educator evaluation process; and e. the appeal process shall be constructed to produce appeals decisions in a timely and decisive manner. The appeal process shall be developed, where applicable, through collective bargaining. The appeal process shall be voluntary for a Teacher, and initiated only if he or she chooses to file an appeal. At a minimum, the appeal process provided shall allow the nonprobationary Teacher to appeal the rating of ineffectiveness to the superintendent of the School District and shall place the burden upon the nonprobationary Teacher to demonstrate that a rating of effective was appropriate. The appeal process shall begin on the date that a Teacher receives his or her second consecutive Performance Evaluation Rating of ineffective or partially effective and shall conclude no more than forty-five (45) calendar days after he or she receives the Performance Evaluation Rating. A Teacher shall file an appeal within fifteen (15) calendar days after receiving his or her rating. These time requirements may be waived, by mutual agreement of both the Teacher and the School District. A Teacher is permitted only one appeal for the second consecutive Performance Evaluation Rating of ineffective or partially effective. A Teacher filing an appeal shall include all grounds for the appeal within a single written document. Any grounds not raised at the time the written appeal is filed shall be deemed waived. The grounds for an appeal shall be limited to the following: a. The evaluator did not follow evaluation procedures that adhere to the requirements of statute and rule and that failure had a material impact on the final Performance Evaluation Rating that was assigned (e.g., an observation was never completed or feedback was never shared with the Teacher); and/or b. The data relied upon was inaccurately attributed to the Teacher (e.g., data included in the evaluation was from students for whom the Teacher was not responsible). Any documents and/or proceedings related to the appeal process shall be confidential.five