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ARTICLE 8: EVALUATION PROCEDURES

8.1       General Provisions

 

8.1.1       Purpose

 

The primary purpose of evaluation is to improve instruction and/or services to students.

 

8.1.2       Criteria

 

a.      Bargaining unit members shall be evaluated, and their competency assessed, as it reasonably relates to:

 

(1)        the evaluation criteria mandated by the Stull Act (California Education Code section 44662),

 

(2)        the California Standards for the Teaching Profession, and

 

(3)        additional evaluation and assessment guidelines or criteria related to a unit member’s assignment, job description, adjunct duties, and teacher responsibilities as set forth in Appendix A.

 

b.      Except as required by law, a unit member shall not be held accountable for those aspects of the educational program which he/she has no authority to correct or control.

 

8.1.3       Processes and Timetable for Evaluation

 

a.      Unit members shall be subject to evaluation, as appropriate, pursuant to either 8.2 - Traditional Evaluation Process, or 8.3 - Alternative Evaluation Process.

 

b.      The formal written evaluation shall be completed and delivered at least thirty (30) calendar days prior to the last teacher work day on the school calendar.

 

c.      Every probationary unit member shall be evaluated by the administration in writing at least once each school year.

 

d.      Except as noted below, every permanent unit member shall be evaluated by the administration in writing at least every other school year.

 

(1)        By mutual agreement of the evaluator and the unit member to be evaluated, the unit member shall be evaluated at least once every five (5) years (using either the Traditional (8.2) or the Alternative (8.3) process of evaluation) provided all of the following conditions apply:

 

●       the unit member has achieved permanent status;

 

●       the unit member has been employed by the District for ten (10) consecutive years;

 

●       the unit member’s immediate prior evaluation was Meets Standards or above;

 

●       the unit member meets the Federal definition of “highly qualified” if those personnel occupy positions that are required to be filled by a highly qualified individual by the Federal NCLB Act of 2001.

 

(2)        Participation in the multi-year evaluation shall only occur, or continue, with the consent of both the evaluator and the unit member.  If either party withdraws consent, withdrawal shall be effective upon written notice.  Withdrawal may occur at any time.  If the employee withdraws consent, the timeline for evaluation shall be adjusted.

 

(3)        The District, after consultation with the Association, shall establish the protocol that will determine when an eligible unit member starts the five (5) year cycle.

 

8.1.4       Initial Meeting

 

a.      The first meeting between the administrator and a returning unit member will occur prior to the end of the eighth (8th) week that class is in session (or by mutual agreement).

 

b.      For a new hire, the first meeting will occur at the later of the eighth (8th) week that class is in session or four (4) weeks after the first (1st) date of service (in no case shall this be earlier than the eighth (8th) week that classes for the District are in session).

 

8.1.5       Non-Instructional Unit Members

 

The performance of noninstructional unit members whose responsibilities cannot be evaluated appropriately under the above-referenced criteria (8.1.2), shall be evaluated and assessed as it reasonably relates to the fulfillment of those responsibilities.

 

8.1.6       Evaluation Procedures Subject to Grievance

 

The substantive aspects of the unit member’s evaluation, such as (1) goals, (2) teaching strategies, (3) curriculum standards, or (4) conclusions of the administrator, are not subject to the grievance procedure as outlined in this Article.  If the evaluation procedure is grieved, and the grievance is found in favor of the grievant, an addendum stating so will be signed by both parties and will be attached to the evaluation.

 

8.2       Traditional Evaluation Process

 

8.2.1       Covered Unit Members

 

This process shall apply to:

 

●       all temporary unit members;

 

●       all probationary unit members;

 

●       permanent unit members who choose not to participate in Section 8.3;

 

●       permanent unit members placed in the Traditional Evaluation Process by the District.

 

8.2.2       Objectives and Strategies

 

Each unit member to be evaluated shall have the opportunity to participate in setting his/her objectives, and the strategies for obtaining such objectives, related to Section 8.1.2, above.

 

a.      These objectives and strategies shall establish the standards of performance of the students and will be in accord with the District standards, school goals and instructional requirements of the District.

 

b.      The unit member should assess, as much as possible, the skills, knowledge, and/or needs of students for whom they are responsible prior to meeting with the administrator, as these factors will affect the identification of objectives, procedures for their attainment, and the methods of assessment.

 

(1)        During the initial meeting (see 8.1.4) for the purpose of setting objectives, the following shall be the minimum requirements:

 

●       At least two (2) objectives and the strategies used for their attainment will be established relative to the progress of students toward school goals, and adopted standards of the District.

 

●       At least one (1) objective will be established relative to the performance of other responsibilities not covered above.

 

●       The establishment and maintenance of a suitable learning environment within the scope of the unit member’s responsibilities.

 

●       Nothing in this Section shall be construed in any way to limit the authority of the District to develop and adopt additional evaluation and assessment guidelines or criteria.

 

(2)        The administrator and unit member will establish anticipated times it will take to attain each of the objectives selected and the ways to verify when each has been attained.

 

c.      If the administrator and the unit member cannot reach agreement on either the strategies and objectives, or the anticipated time required to attain each of the objectives, the conflict shall be resolved by the Assistant Superintendent, Educational Services.

 

d.      In the event objectives, strategies, methods of verification, and/or time lines set at the initial meeting become inappropriate as a result of updated information, the unit member may request a meeting in order to realistically modify the above.

 

e.      The evaluation process is ongoing throughout each school year.  Unit members are encouraged to consult with their administrator regarding progress.  Frequent meetings are an integral part of the improvement of instruction.

 

f.       At the unit member’s request, an observation regarding attainment of an objective may be scheduled.

 

8.2.3       Observations

 

a.      Unless otherwise agreed upon, prior to the formal evaluation, the evaluating administrator shall observe the unit member in his/her assigned room or area for at least thirty (30) minutes.

 

b.      A maximum of three (3) formal observations of unit member behaviors/actions, specific to each student performance objective (see Article 8.2.2), may be made by the evaluator for the purpose of evaluation.  This restriction does not apply to a unit member who has received an overall unsatisfactory performance evaluation (whether in the previous year or in the current year).

 

c.      Observations by the evaluator relative to general teaching methods for instruction which are not unique to a stated student performance objective may be made at the discretion of the evaluator.

 

d.      Observations shall not be conducted where they would interfere with the private and confidential nature of an employee-student relationship provided ample alternative opportunities for observations by the evaluator will be provided by the unit member.

 

e.      Written feedback shall be given to the unit member relative to the observations made by the evaluator during any observation for evaluation purposes.  This feedback shall be conveyed to the unit member within seven (7) working days, and may include a request for a conference by the administrator if deemed necessary.  The unit member may also request a conference to discuss items referenced in the written feedback.  The written feedback shall include a notation stating the amount of time spent in each observation.

 

8.2.4       Other Information

 

a.      Information used in the evaluation other than that gained through agreed upon methods of verification or direct observation by the evaluator shall be in writing and signed by the observer.

 

(1)        A copy of such memorandum will be given to the unit member prior to its filing and the unit member may respond in writing.

 

(2)        This response shall be attached to the memorandum.

 

b.      No person other than the evaluator and the unit member being evaluated shall participate in the formal evaluation process unless agreed upon by both parties.

 

8.2.5       Formal Evaluation

 

a.      A formal evaluation shall be completed and transmitted to the unit member at least thirty (30) calendar days before last teacher work day of the school year in which the evaluation takes place.

 

b.      This provision is not to be construed to limit the number of observations and/or conferences any particular unit member may receive prior to, or subsequent to, the date set forth in 8.2.5.a.

 

8.2.6       Unsatisfactory Evaluation

 

a.      An unsatisfactory or needs improvement rating in domains one (1) through five (5) of the California Standards for the Teaching Profession shall not be included in an evaluation unless the unit member has received prior written notification of the performance deficiency from the evaluator, suggestions for improvement, and, unless it is not feasible due to time constraints, an opportunity to correct the deficiency.

 

b.      In the event a unit member receives an overall unsatisfactory evaluation:

 

(1)        He/she shall be notified of such fact in writing with a description of the unsatisfactory performance.

 

(2)        The administrator will confer with the unit member, making specific recommendations regarding areas of improvement in the unit member’s performance and endeavor to assist him/her to improve such performance.

 

(3)        If such action reduces or eliminates the deficiencies identified in the evaluation, a signed memorandum from the evaluator shall be attached to the evaluation and a copy sent to the unit member stating that the deficiencies have been eliminated or describing the degree to which the deficiencies have been reduced.

 

8.2.7       Peer Assistance and Review (PAR)

 

a.      A unit member who receives an overall unsatisfactory evaluation which includes three (3) or more unsatisfactory ratings in domains one (1) through five (5) of the California Standards for Teaching Profession shall participate in the PAR Program (Article 19) in the following school year.

 

b.      Unit members who receive unsatisfactory or needs improvement ratings which do not require subsequent participation in the PAR Program are encouraged to voluntarily participate in the PAR Program in the following school year.

 

c.      A referral to the PAR Program shall not be based on unsatisfactory ratings based on attendance problems, repeated tardiness, failure to complete required reports or compliance with other similar administrative requirements or directives, and/or other forms of misconduct.

 

8.3       Alternative Evaluation Process

 

8.3.1       Permanent certificated employees may elect to participate in an Alternative Evaluation Process that utilizes a peer coach, a self-evaluation, and a summary statement by the administrator or the administrator’s designee.  The Alternative Evaluation Process is available under the following conditions:

 

a.      The evaluatee agrees to complete all forms and activities established for the Alternative Evaluation Process.

 

b.      The administrator approves of the evaluatee’s request to participate, the choice of a peer coach and the areas for exploration and experimentation developed by the evaluatee and peer coach.

 

c.      The evaluatee may discontinue the Alternative Evaluation Process and return to the standard evaluation format by notifying the administrator of his/her intent to do so by November 15.

 

8.3.2      The Alternative Evaluation Process shall utilize the following procedures and timelines.

 

a.      The evaluatee shall submit a written request to the administrator to participate in the Alternative Evaluation Process and indicate a choice of peer coach no later than the initial meeting (see 8.1.4 above).

 

b.      The administrator shall approve or deny the request (including choice of peer coach) within five (5) work days of its receipt.

 

(1)        A request to participate in the Alternative Evaluation Process shall be considered by the administrator on an individual basis.

 

(2)        If the administrator determines that the unit member would benefit more from the Traditional Evaluation Process, the determination shall be communicated to the unit member within five (5) work days of receipt of the request to participate.

 

(3)        A unit member may appeal the denial to the Assistant Superintendent of Human Resources.

 

●       Once an appeal is filed, a meeting shall be convened to discuss the reasons for the denial.  Present at the meeting will be the appellant, the administrator, the Assistant Superintendent of Human Resources and a YCTA representative.

 

●       Within five (5) work days after the meeting, the Assistant Superintendent of Human Resources shall render a final and binding determination, citing the reasons for the determination.

 

c.      If approved, the evaluatee and peer coach shall complete and submit a plan for areas of exploration and experimentation by November 15.  The administrator shall approve or suggest modifications to the plan within ten (10) work days.

 

d.      The evaluatee and peer coach will conduct at least three (3) classroom visits and conferences before the evaluatee completes his/her evaluation.

 

e.      By the end of April, the evaluatee shall complete a self-evaluation and submit it to his/her administrator.

 

f.       The evaluatee is encouraged to, but is not required to, submit a student evaluation summary.

 

g.      Within twenty (20) school days of the receipt of the self-evaluation, the administrator shall meet with the evaluatee to complete the administrator’s composite evaluation form.

 

h.      The peer coach shall be provided with reasonable release time to work with the evaluatee.

 

8.3.3    The self-evaluation submitted to the administrator by the end of April, and the administrator’s composite summary, shall be the official evaluation for the employee and will be placed in the employee’s personnel file.  The evaluatee may attach additional comments if desired.  All communications between the evaluatee and the peer coach, concerning this Alternative Evaluation Process, shall be confidential.
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