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ARTICLE VIII
EVALUATION PROCEDURES 8.1 The purposes of evaluation are to improve instruction, rate employees, and promote professional growth. The following contract provisions, along with associated board policies and district-adopted evaluation instruments, are designed to insure that:
The District retains sole responsibility for the evaluation and assessment of performance of each unit member, subject only to the following procedural requirements. Accordingly, no grievance arising under the Article shall challenge the substantive objectives, standards, or criteria determined by the evaluator or District, nor shall the grievance contest the judgment of the evaluator; any grievances shall be limited to a claim that the following procedures have been violated or unreasonably applied. 8.2 Evaluation and assessment of the performance of unit members shall be made on a continuing basis, at least once every year for probationary unit members. Should a unit member be employed after midpoint of the first year, evaluation for that unit member shall be at the option of the evaluator. Unit members with permanent status shall be evaluated at least every other year. Reasons for evaluating permanent unit members more often than the minimum required are: a new assignment or a significant change in the unit member's program, an unsatisfactory previous written evaluation, and/or the unit member's current performance has significantly declined since the most recent written evaluation. 8.2.1 Unit members with permanent status who have been employed at least ten years with the district, are highly qualified, as defined in 20 U.S.C. Sec. 7801 (ESEA), and whose previous evaluation rated the employee as meeting or exceeding standards, shall be evaluated at least every five years if the unit member and the evaluator consent to this schedule. Consent may be withdrawn by either the unit member or the evaluator at any time for any reason. Should the evaluator withdraw consent, the reason(s) will be given prior to initiating the evaluation process. 8.2.2 Prior to the implementation of any change in the existing evaluation forms, the District shall consult with the Association regarding possible changes. 8.2.3 A joint committee will be established to review/develop evaluation instruments for support personnel and child development teachers. The committee will be composed of an equal number of representatives on each side with a goal of implementing the new evaluation instruments. The committee will begin its work no later than thirty (30) days following the ratification of this Agreement.
8.3 The site principal or appropriate supervisor shall acquaint each employee under his/her supervision with such formal written evaluation procedures and instruments as may be used, and shall give each employee the name(s) of the administrator(s) who will observe and evaluate his/her performance. If a subsequent change in the unit member's evaluator becomes necessary, then the unit member shall be notified on a timely basis by his/her immediate supervisor. 8.4 The evaluation time sequence in Section 8.11 shall be followed. The evaluation process shall take place during one academic year with appropriate follow-up activities. The evaluation
process shall consist of a formative (data gathering) process followed by a
summative (evaluative) process. The summative evaluation, using the results of
the formative process, will result in the assessment of the individual's
teaching performance. 8.4.1 Formative information gathering Formative information consists of: formal observations in the classroom conducted by the unit member's site administrator(s), informal observation by the unit member's site administrator(s), and analysis and evaluation of instructional and professional activities. Informal observations and input from supervisors and consultants familiar with the unit member’s work may be used, as may work samples, or any peer, parent or student input the evaluatee may wish to submit for the evaluator's consideration. 8.4.1.1 Informal information gathering Informal observations by site administrators and input from supervisors and consultants familiar with the unit member’s work may be used, as may work samples; any peer, parent or student input the evaluatee may wish to submit for the evaluator's consideration may also be utilized.
8.4.2 Summative evaluation process The evaluator will analyze all information gathered during the formative evaluation process, and complete the summative evaluation report. Following completion of the report, the evaluator shall hold a summative evaluation conference for the purpose of reviewing with the evaluatee all pertinent evaluative information as well as reviewing job improvement goals and discussing long- and short-range job improvement goals to be addressed during the next performance cycle. 8.5 The entire unit member evaluation process shall include the following activities: 8.5.1 A planning conference will be held no later than October 31. The purposes of this conference shall be: a. to review the District established performance areas, District and school wide goals and objectives, previously established long- and short-range job improvement goals; and to review the principal’s expectations for unit members to support, implement and adhere to these goals and objectives; and b. to provide an orientation related to evaluation procedures and instruments and contract provisions;
8.5.2 An individual planning conference between the evaluatee and evaluator will be held no later than October 31. The purpose of this conference shall be: a. to discuss the evaluatee’s professional growth plans for the year and establish appropriate job goals; b. to agree on the initial observation date; and
c. to review the key elements of each of the six CSTPs.
8.5.3 CSTP Goal Selection Process 8.5.3.1 Probationary and temporary unit members shall write goals on three of the six CSTPs. The unit member shall write one goal for each of the three CSTPs selected. The determination of two standards and two goals shall be the decision of the unit member and one standard and one goal shall be the decision of the administrator. 8.5.3.2 Permanent unit members, whose most recent evaluation was overall “satisfactory,” shall write goals on three of the six CSTPs. The unit members shall write one goal for each of the three CSTPs selected. The determination of three standards and three goals shall be the decision of the unit member. 8.5.3.3 Permanent unit members, whose most recent evaluation was overall “needs to improve” or “unsatisfactory,” shall write goals on three of the six CSTPs. The unit member shall write one goal for each of the three CSTPs selected. The determination of two standards and two goals shall be the decision of the administrator and one standard and one goal shall be the decision of the unit member.
8.5.4 Formal observations will be conducted as follows:
a. A completed pre-classroom observation form must be submitted by the unit member no later than two days prior to the observation date.
b. A pre-observation conference is optional at the request of either the evaluator or evaluatee.
c. The observation must encompass one lesson or class period and in no event will be less than thirty (30) consecutive minutes.
d. Within ten (10) working days after the observation, a written report shall be completed by the evaluator and submitted to the unit member and a conference shall be scheduled to discuss the observation. Unit members shall receive the report at least one day prior to the conference.
8.5.5 Supporting data and input may be used to assist in getting a comprehensive view of the unit member’s performance.
a. The evaluator
may use appropriate documented input related to the b. Unit members are encouraged to seek student input via data-gathering instruments and surveys, mutually developed by the administration and the bargaining unit. Such data is both optional and voluntary on the part of the unit member. The information is for input for the unit member and administrator. Unit members and administrators should take care to assure that students are not involved in the evaluative process of unit members. c. Evaluation of a unit member shall not be based upon information or material which has been received by the evaluator from other sources, such as parents or citizens, unless, if requested by the unit member, a discussion has occurred between the unit member and the person(s) who is the source of the data and the data has been produced in writing by this person(s). The evaluator shall make a reasonable effort to verify the information and material. 8.5.6 A summative evaluation report must be completed, and a conference held to discuss the report with the unit member, not later than May 15. Prior to the issuance of an unsatisfactory summative evaluation, a conference will be held between the evaluator and evaluatee.
8.6 After the discussion of any written evaluation or observation report, the form shall be signed and dated by both parties. Each shall have a copy. The unit member's signature signifies awareness of the content; it does not necessarily signify agreement. The unit member has ten (10) working days to file a written response with their evaluator if desired.
8.6.1 All summative evaluation reports, including any unit member responses shall be placed in the employee's personnel file. These data are confidential and are available only to the Board of Education, the administration, and the unit member. 8.6.2 Written recommendations for improvement shall be made by the evaluator when a summative evaluation rates an employee performance as unsatisfactory or needing improvement. In order to provide an opportunity to improve their instructional performance, unit members who are deemed to need improvement shall be entitled, upon request, to subsequent prearranged observations with follow-up conferences and written evaluations. 8.6.2.1 Permanent unit members who receive three (3) or more “Unsatisfactory” ratings in any one (1) of the six (6) CSTPs on their Teacher Summative Evaluation shall be deemed to have received an “overall” unsatisfactory evaluation and be required to participate in the PAR Program. (See Article 18.3.1.1) 8.6.2.2 Permanent unit members who receive one of the following ratings shall be deemed to have received an “overall” needs to improve evaluation and shall have the opportunity to participate in the PAR Program: three (3) or more “Needs to Improve” ratings in any one (1) of the six (6) standards or two (2) “Needs to Improve” ratings and one (1) “Unsatisfactory” rating in any one (1) standard or one (1) “Needs to Improve” and two (2) “Unsatisfactory” ratings in any one (1) standard. 8.6.3 In the case of unsatisfactory or needs improvement evaluations, the evaluator shall take positive action to assist the unit member in correcting any cited deficiencies. The evaluator’s role to assist the unit member shall include, but not be limited to, the following actions: 8.6.3.1 Notification in writing of areas where improvements are needed; 8.6.3.2 Specific recommendations for improvement within a specific time and methods by which such improvements will be assessed; 8.6.3.3 Provide additional resources, to be utilized to assist the evaluatee in implementing such recommendations. 8.7 The evaluatee and/or evaluator may request other unit members, or unit member advisors (from a pool of trained unit member advisors), administrators, or professional employees to assist a unit member in need of such assistance. Unit members, however, shall not formally evaluate other unit members. 8.8 Informal observation by the site administrator(s)/evaluator may occur at any time. The observer shall provide the unit member with a written note on any observation of more than fifteen (15) minutes. If the observation may negatively impact the unit member’s subsequent evaluation, a conference shall be held and a detailed written memo shall be given to the unit member; a formal observation may be arranged. A copy of the written notes/memos described herein shall be given to the unit member and shall also be placed in the evaluator's working file. If the content of the notes/memos is not referenced in the following summative evaluation, they shall be removed from the working file and destroyed or placed in the unit member's personnel file. 8.9 Evaluation of a unit member’s performance shall not be predicated upon lawful non-school related personal activities which have no impact or bearing on his/her effectiveness as an employee. 8.10 Evaluation time sequence: The following time sequence shall be used for the year in which a unit member is evaluated. 8.10.1 Full-year permanent unit members, with satisfactory prior evaluations:
d. Not later than May 15 – The summative evaluation shall be completed and given to the unit member personally. In the case of an overall unsatisfactory evaluation, it shall include an Improvement Plan and PAR Program referral. (See Article 18, Section 3)
8.10.2 Full-year permanent unit members with prior year unsatisfactory evaluations:
8.10.3 Full-year probationary unit members in their first or second year of probationary status, and those probationary unit members holding an emergency permit or pre-intern certificate:
8.10.4 Full-year temporary unit members.
8.11 The evaluation procedures described herein shall be adapted to apply to bargaining unit members who do not have a classroom assignment. However, adaptations shall follow the same timelines and major components of the procedures described in this Article. 8.12 Personnel Files As provided by law, a unit member shall have the following rights regarding his/her personnel file. 8.12.1 Such unit member files, as necessary for the efficient management of the District, shall be kept by the Certificated Personnel Services Department, only. A unit member may review his/her personnel file and may respond to documents in the file. Any such responses shall be attached to the document. The time taken for personnel file review and response to information contained in the file shall be made during regular office hours of the Certificated Personnel Services Department, and shall be taken at a time that does not interfere with the instructional program. An authorized Association representative, may upon the written authorization of the unit member, review the unit member's file. 8.12.2 All unit member records are confidential and shall be available for inspection only to District Management and Board of Education members when necessary for the proper administration of the District’s affairs and the supervision of the unit member. 8.12.3 A unit member shall be provided with a copy of any derogatory written material before it is placed in the unit member’s personnel file. The unit member may respond to the material and have such response placed in the file. Every unit member shall have the right to examine and/or obtain copies from his/her unit member’s personnel file with the exception of material that: 8.12.3.1 was obtained prior to the employment of the unit member involved. 8.12.3.2 was prepared by identifiable examination committee members. 8.12.3.3 was obtained in connection with a promotional examination. 8.12.4 Any person who places written or drafts written material for placement in a unit member's file shall sign the material and signify the date on which such material was drafted and the date such material was placed in the file. The unit member shall have the right to examine this written material and respond to the material, and have such response placed in the file, as provided for by Education Code.
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