Appeal of APPR Rating. Only those teachers in the developing or ineffective category have a right to appeal their rating. Probationary teachers may not appeal both an APPR Rating (as outlined in this Section 2) and a Tenure Decision (as outlined in Section 1 above) during the same academic year. For example, a second year teacher receiving a first year rating of “Developing” in September of his second year (or any time after the last day of teaching in an academic year if APPR ratings are released prior to September) may appeal the "Developing" rating. However, if the rating is appealed, the teacher may not appeal a decision to deny tenure during his second year of teaching. Within 10 school days of receiving the HEDI score, a teacher can appeal his/her rating in writing to his/her supervisor. The written appeal should include a detailed synopsis of the basis of the challenge. A teacher may challenge: The substance of the Annual Professional Performance Review; The District's failure to adhere to the standards and methodologies required for the APPR, pursuant to Education Law 3012-d and applicable rules and regulations; The District's failure to comply with either the applicable regulations of the Commissioner of Education or the negotiated APPR procedures; or The District's failure to implement the terms of a Teacher Improvement Plan, where applicable. The teacher cannot raise other issues beyond what was in the original appeal after the original appeal is submitted (Exclusionary Clause). Within 5 school days of receiving the appeal, the supervisor must schedule a meeting with the teacher to discuss and attempt to resolve the appeal. The supervisor must render a written decision on the appeal within 5 school days of the meeting. If the teacher decides to continue the appeal, the teacher must submit the original written appeal, the supervisor’s written decision, and a written statement of continuation of appeal within 5 school days to the WITA President and the Superintendent. A panel that includes two WITA Members chosen by the WITA President and two District Leadership Members chosen by the Superintendent will conduct a review of the appeal within 7 school days. Panel members must not be directly involved in the appeal. A recommendation to the Superintendent by this panel must be rendered within 5 school days and submitted to the teacher, the Superintendent, and the WITA President. The Superintendent shall render a written decision regarding the appeal within 5 school days of ...
