Common use of Evaluation Appeal Process Clause in Contracts

Evaluation Appeal Process. Employees may appeal using an expedited appeal procedure limited to 3 steps: Step 1, Step 2, and Arbitration. The Arbitration step will be an expedited process with no submission of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of mutually agreed upon and available arbitrators to hear multiple cases in a day. Serious procedural violations may result in the removal of an annual evaluation and the evaluation rating will default to the student achievement rating. 15.12-1 While the OAPER may be appealed, only overall ratings of Needs Improvement or Unsatisfactory, or when Performance Pay is implemented and the score on the evaluation precludes an employee from receiving Performance Pay, may be submitted for arbitration. If a rating is successfully appealed, the rating shall be corrected and the evaluation recalculated. Overall ratings that are Developing (in the first three years of employment) or Effective are only eligible to be processed through the first two steps of the appeal process. A teacher may appeal through the first two steps of the evaluation appeal any of the individual ratings governed by an EPC rubric Domain. Such appeal shall be based upon a procedural violation of the process, a misinterpretation of a system rubric. a. Step 1-A - Notice of Appeal, no later than the 175th day of student contact, the employee must file in writing with their principal and copy the principal’s supervisor that a concern exists. The parties will meet to discuss the concerns within a timeframe mutually agreed upon between PEA and the District or no later than five (5) work days (day 185) after the last student contact day should no schedule be agreed upon. A decision will be issued in writing within two (2) work days. b. Step 1-B – If the student learning growth data is not available in order to have the full and complete discussion of the OAPER by the 165th day as required in 15.5 above, the teacher shall submit a written notice of a concern to their evaluator and the Regional Assistant Superintendent. Due to the change in the calculation of student learning growth data for the 2013-2014 school year, a notice of appeal will be accepted and processed for any area of the evaluation. The timeline for Stage 2 appeals will be mutually determined and noticed to all employees.

Evaluation Appeal Process. Employees may appeal using an expedited appeal procedure limited to 3 steps: Step 1, Step 2, and Arbitration. The Arbitration step will be an expedited process with no submission of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of mutually agreed upon and available arbitrators to hear multiple cases in a day. Serious procedural violations may result in the removal of an annual evaluation and the evaluation rating will default to the student achievement rating. 15.12-1 While the OAPER may be appealed, only overall ratings of Needs Improvement or Unsatisfactory, or when Performance Pay is implemented and the score on the evaluation precludes an employee from receiving Performance Pay, may be submitted for arbitration. If a rating is successfully appealed, the rating shall be corrected and the evaluation recalculated. Overall ratings that are Developing (in the first three years of employment) or Effective are only eligible to be processed through the first two steps of the appeal process. A teacher may appeal through the first two steps of the evaluation appeal any of the individual ratings governed by an EPC rubric Domain. Such appeal shall be based upon a procedural violation of the process, a misinterpretation of a system rubric. a. Step 1-A - Notice of Appeal, no later than the 175th day of student contact, the employee must file in writing with their principal and copy the principal’s supervisor Senior Director that a concern exists. The parties will meet to discuss the concerns within a timeframe mutually agreed upon between PEA and the District or no later than five (5) work days (day 185) after the last student contact day should no schedule be agreed uponday. A decision will be issued in writing within two (2) work days. b. Step 1-B – If the student learning growth Student Achievement data is not available in order to have the full and complete discussion of the OAPER by the 165th day as required in 15.5 above, the teacher shall have ten (10) contract days after the discussion is concluded to submit a written notice of a concern to their evaluator and the Regional Assistant SuperintendentSenior Director. c. Step 2 - If the employee is not satisfied with the outcome of the discussion, the employee may schedule a meeting with the Superintendent or his/her designee. Due The parties will meet to discuss the change in the calculation of student learning growth data for the 2013-2014 school year, a notice of appeal concerns within five (5) work days. A decision will be accepted and processed for any area of the evaluation. The timeline for Stage 2 appeals will be mutually determined and noticed to all employeesissued in writing within two (2) work days.