.: CBA – Article V – Evaluation Procedures :.

 
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5.0 EVALUATION PROCEDURES
   
5.1  Evaluation Plan:
  The purpose of evaluation is to improve instruction.  Toward this end, site administration shall primarily assist unit members in meeting the California Standards for the Teaching Profession (CSTP).
     
    1. No later than twenty-five (25) duty days following commencement of duties, the unit member shall submit the Evaluation Plan (Appendix D) for the ensuing year.  Within fifteen (15) duty days following the submission, the unit member and evaluator shall meet and agree on those Standards that shall be applied for evaluation purposes.  The evaluation procedure shall be discussed in this meeting unless previously discussed individually or presented at a staff/faculty meeting.
   

A. The evaluation of all non-permanent teachers shall follow the BTSA requirements by being evaluated on the first five (5) Standards and one (1) element of Standard Six (6). 

   

B. Every evaluation year: the evaluation of permanent unit members shall be based on three (3) of the Standards (one of which must be Standard 1, 3, or 4) and one element of Standard 6: Develops as a Professional Educator. 

   

C.  Permanent unit members may voluntarily agree to be evaluated on the first five (5) Standards and two (2) Elements of Standard Six (6): Develops as a Professional Educator.  A list of unit members who volunteer under this Article shall be provided by October 31st of each year to the SAEA office.  Should the SAEA President suspect irregularities in the voluntary nature of the process, the President of the Association or designee and the Associate Superintendent of the Human Resources or designee will meet within 5 days to resolve the issue.

5.1.2   The Standards shall be specified in writing on the negotiated Evaluation Plan Form.  In the event the written standards are not mutually agreed on, the designated evaluator may substitute up to two (2) Standards and/or one (1) Standard for each “unsatisfactory” received in the preceding evaluation.  A Standard is identified as “unsatisfactory” if it has three (3) or more elements marked “Below Standard”.
   

A. Within five (5) duty days following determination of the Standards for the teaching profession, the unit member may submit to the designated evaluator written constraints which the unit member believes shall prevent him/her from attaining the Standards.

   

B.  If agreement is not reached regarding Standards, the unit member may appeal to the Associate Superintendent, Human Resources, or designee, who shall make the final decision.

   

C. All non-permanent unit members shall be formally evaluated in writing no more than twice annually.

   

D. Permanent unit members with a satisfactory evaluation the preceding year, including ROP teachers and categorically funded unit members who have been employed in the district at least three (3) consecutive preceding years, shall be evaluated every other school year except per Ed. Code 44664.

   

E. Permanent unit members with at least ten (10) years of District service who meet the following criteria:

   

1.   are highly qualified (pursuant to ESEA/NCLB);

   

2.   at the 5.1.1 meeting, voluntarily choose to be evaluated on the first five (5) Standards for the Teaching Profession plus two (2) elements of Standard 6: Develops as a Professional Educator;

   

3.   voluntarily choose to have an unscheduled classroom evaluation;

   

4.   meets standards in all areas;

   

shall be evaluated every five (5) years, per Ed. Code 44664.  The unit member or evaluator shall be permitted to rescind this voluntary agreement and return to the evaluation process outlined in CBA Articles 5.1.1 through 5.1.2-D prior to November 30th of that school year.

   

F.  If a unit member transfers or changes assignments during the five (5) year period, a new agreement shall be signed, if mutual agreement continues.

   

G. No reprisals of any kind shall be taken by any party, nor anything construed, regarding teachers who do or do not volunteer under this section or 5.1.1-C.

5.1.3   The unit member being evaluated and the evaluator shall select observation times, dates, conferences, and final evaluation dates.
   

A. During the course of the evaluation period circumstances may change which require modification of the original schedule.  The unit member and designated evaluator shall agree in writing upon a revised schedule.

5.1.4     The Unit Member may request a change of designated evaluator in writing including reasons for the request.  If the designated evaluator denies the request, the unit member may appeal to the Associate Superintendent, Human Resources, or designee.  The reasons for denial of a change of evaluator shall be given in writing to the unit member upon their request.  Reasons for denial shall not be arbitrary or capricious.
     
5.1.5   Portfolio assessment of students may become a part of a unit member’s evaluation process if initiated and identified by the unit member as part of an element and agreed to by the evaluator.  Portfolio assessments of students shall not be added by the evaluator.
     
5.2 Formal Observations
     
5.2.1   Formal observations shall emphasize the unit member’s primary assignment.
   

A. Prior to an observation, the unit member and the designated evaluator shall review the Standards and elements to be observed.

   

B. No formal observations shall be scheduled before one (1) week after the beginning of a trimester/semester or after one (1) week before the end of a trimester/semester or winter break

   

C. Formal classroom observations shall last for at least fifteen (15) minutes and no more the sixty (60) minutes.

   

D. Unit members shall have no more than two (2) formal observations per each evaluation.  A third formal observation shall be added if:

   

1. The unit member was marked “Below Standard” on three (3) or more elements on a Standard in the second observation, in which case the unit member shall be observed on that Standard a third time.

   

2. With agreement of both the unit member and the evaluator, the number of classroom observations may be reduced in cases of obvious satisfactory performance by permanent unit members

5.2.2   After each formal observation, the evaluator shall present a written report of the observation using the negotiated Formal Observation Form to the unit member within five (5) duty days following the observation.  A post-observation conference shall be held within ten (10) days following the formal observation to discuss and review the observation and/or report.  Reasonable adjustments may be made to these time frames by mutual written agreement between the permanent unit member and the evaluator.  The unit member shall sign the written observation report indicating that he/she has read the report; the signature does not indicate the unit member’s agreement with the report but that the report was received by the unit member.
   

A. The progress towards achieving the selected element(s) of Standard 6 shall be discussed at each formal post observation conference.

5.2.3    If the observation discloses in writing specific elements in which improvement is needed, the evaluator shall make specific written suggestions and offer positive assistance aimed at achieving the needed improvement.  The evaluator’s role to assist the unit member shall include, but not be limited to, the following in so far as practical:
   

A. Specific written recommendations for improvement;

   

B.  District assistance to implement such recommendations;

   

C. Provision of additional resources, without cost to the unit member, to be utilized to assist with improvements;

   

D.  Techniques to measure improvement;

   

E.  A time schedule to monitor progress;

   

F. These written suggestions shall be presented to the unit member at the time of the post-observation conference.  It is the unit member’s responsibility to take appropriate action to correct any deficiencies.

5.3  Informal Observations and “Walk-Throughs”
     
5.3.1    Informal observations and “Walk-Throughs” may be conducted at reasonable times during a school year and with reasonable frequency.  Areas of concern may be brought to a unit member’s attention.
     
5.4  Formal Evaluations
     
5.4.1   Any Formal Observation Form that has an element marked “Below Standard” shall not be used on an Evaluation unless positive assistance has been offered and implemented as per section 5.2.3 of the CBA and at least one follow-up observation has been conducted.  Any follow-up formal observation must adhere to the timelines in 5.2.1-A through 5.2.1-C and 5.2.3-E.
     
5.4.2   In preparing the Evaluation Form for placement in the unit member’s personnel file, the evaluator shall rely only upon data collected through formal classroom observations and the element(s) of Standard 6 when applicable as agreed upon in the post observation conference (5.2.2-A).  Any deficiencies that may have been brought to the attention of the unit member, and subsequently corrected, shall not be included in the final evaluation.  Commendations for growth demonstrated by the unit member may be included.
     
5.4.3   The completed Evaluation Form shall be submitted to the unit member no later that thirty (30) duty days preceding the close of the school year and four (4) duty days prior to the evaluation conference.  The evaluator and the unit member shall meet to review the evaluation report.  Within ten (10) duty days thereafter, the unit member shall sign the Evaluation Form (report) indicating only that he/she has read the report, understands it, and has been given the opportunity of responding to it in writing; the signature does not indicate the unit member’s agreement with the evaluation.  The unit member’s written response, if any, shall be attached to the report and become a permanent part thereof.
     
5.4.4    A unit member shall not be evaluated on, or held accountable for, any aspect of the educational program over which the unit member has no authority or ability to correct deficiencies.
     
5.5 General Provisions
     
5.5.1    Evaluation Forms – The only forms used in the observation and evaluation process shall be the forms mutually developed and mutually agreed to by the District and the Association.  Agreed upon forms shall be included in the Appendix of the Certificated Collective Bargaining Agreement.
   

A. By mutual agreement the Association and the District shall convene an Evaluation Forms Committee to review, update, and modify evaluation forms in the Appendix of this Agreement.

   

1. The committee shall have an equal representation (1:1) of members from the Association and the District.

   

2. The committee’s work will be limited to making recommendations regarding evaluation forms limited to the scope of Article V, Evaluation.

   

3. Any forms created and approved by the Evaluation Forms Committee related to this Article will need approval through a Memorandum of Understanding prior to being added to the Appendix and used in the evaluation process outlined in this article.

     
5.5.2    Traveling Unit Members – Unit members who spend time at more than one site shall be evaluated by one mutually agreed upon pre-designated administrator with input from administrators at other sites to which the unit member is assigned.
     
5.5.3    Source of Evaluative Data - No information or material gathered from sources other than formal classroom observations shall be utilized in a formal observation or evaluation.  Disciplinary memos/notes/actions shall not be used in the Evaluation Form or process except for actions related to the element(s) of Standard 6: Develops as a professional Educator.
     
5.5.4   Grievance Procedure Utilization – The use of the grievance procedure for this Article shall be limited to the procedure outlined in the evaluation process.  Unit members who grieve their evaluation shall concurrently proceed with improving noted deficiencies while the grievance is being processed.
     
5.5.5   Unit members shall not be permitted to participate in the evaluation(s) and/or observation(s) of other unit members, except as provided for in the Peer Assistance and Review (PAR) Article in this Agreement.
     
5.5.6     All unit members shall be in-serviced at least once a year in the California Standards of the Teaching Profession and the evaluation process and given a copy of a District/Association approved rubric.
     
5.5.7    A. permanent employee who receives an unsatisfactory final, formal evaluation shall be evaluated each year thereafter until the employee’s performance becomes satisfactory or until the employee is separated from the District.
     
5.5.8   The Evaluation Article of the CBA is intended to comply with the requirements of the California Education Code.

 

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