3.09 Appraisal
Appraisal is the process of arriving at judgments about a member’s performance.
The appraisal program pertaining to the performance of a member shall be conducted openly and with the full knowledge of the member. The member shall be given a copy of any written report pertaining to his/her performance, regardless of the medium on which such report is contained. Said copy shall be given to the member within five (5) work days. The member shall have the right to permanently attach to each written report a written response or reaction within thirty days of receipt of the report.
For the purposes of appraisal in the area of attendance on the observation and evaluation forms, the Akron Public Schools attendance handbook shall be used, except that absences of twenty (20) or more consecutive days required by a physician due to outpatient surgery or hospitalization and absences related to pregnancy shall not be counted against the member. The pregnancy exception is limited to four (4) weeks prior to the due date and, for a normal delivery, six (6) weeks after delivery and, for caesarian delivery, eight (8) weeks after delivery. Complications due to pregnancy, which extend either of the periods above, shall also be excluded.
Should there be more than four (4) administrative observations during a school year, the member shall be notified in writing of the reason(s) for the additional observations. Likewise, should there be more than four (4) supervisory observations during the school year, said member shall be similarly notified.
Audio or video equipment may not be used for the purpose of observing or evaluating a member’s performance unless the member has provided written permission for such equipment to be used.
The performance appraisal program shall include visitation, observation and evaluation. These are defined as:
Visitation: any contact by an administrator or supervisor intended to provide information for the appraisal of the teacher.
Observation: a written record of an administrator’s or supervisor’s observation, based on visitation(s), provided to the teacher on the Observation and Appraisal Report Form. In the areas of “Conducting the Lesson” and “Planning the Lesson,” such observation shall be dated and shall reflect only what was observed on the date indicated.
Evaluation: a determination, at the end of the school year, of the quality of the teacher’s performance during the year. A written report is provided to the teacher through the year-end Teacher Evaluation Form.
A. Evaluation
Evaluation is conducted for the purpose of improving instruction, analyzing member performance with respect to continued employment, promotion, and non-renewal or contract termination.
Evaluation shall be the responsibility of the principal. The annual evaluation report shall be distributed to the member no earlier than the fifteenth (15th) day prior to the member’s last work day, and no later than the third (3rd) day prior to the member’s last work day.
In those cases where a member is required to evaluate his/her own performance, a conference with the building principal shall be required, prior to the transmittal of the evaluation to the Department of Human Resources.
In the areas of “Conducting the Lesson” and “Planning the Lesson,” the evaluator shall use only that information provided to the member on the observations conducted during the school year for which the evaluation is being made.
A member shall not be requested or required to sign any evaluation until it is fully completed and signed by the principal.
At the request of the member or principal, a conference with the principal shall be held within five (5) work days after the receipt of the written evaluation. When a conference is held subsequent to an evaluation of a member, attendance shall be limited to the principal, the AEA representative, and the member.
Such written reports and observations as a principal may keep in order to aid in the preparation of the evaluation shall be made available for the member’s inspection upon request.
B. Administrative Visitation and Observation
Administrative visitation shall be made by the Superintendent, executive assistant, building principal, director, coordinator, assistant or unit principal. When a visitation extends beyond fifteen (15) minutes, the administrator shall provide a written observation. When a visitation is less than fifteen (15) minutes, the administrator may exercise discretion as to whether or not to prepare an observation.
When an observation is made by the visiting administrator, a signed and dated copy of the observation is to be submitted to the member within five (5) work days after the visitation.
Copies of such observations by the above administrators may be filed in the member’s personnel folder. At the request of the member or the administrator providing the observation, a conference with the administrator shall be held within five (5) work days after the receipt of the observation. If the administrator is a coordinator or director, the administrator must review the observation with the member prior to discussing or submitting the observation to the building principal and before a copy is submitted to the member’s file.
C. Supervisory Visitation and Observation
Supervisory visitation and observation are conducted for the purpose of improving instructional competencies within the classroom setting. Supervisory visitations and observations may be made by learning specialists or supervising teachers. When a visitation extends beyond fifteen (15) minutes, the supervisor shall provide a written observation. When a visitation is less than fifteen (15) minutes, the supervisor may exercise discretion as to whether or not to prepare an observation.
When an observation is made by the visiting supervisor, signed and dated copies are to be submitted to the building principal and the member within five (5) work days after the visitation. These observations shall not be filed in the Department of Human Resources; they may not be used in any proceeding concerned with termination or non-renewal of member’s contract.
D. Limited or Continuing Contract
Members with a limited contract shall be evaluated annually in accordance with Section 3.09. Members with a continuing contract shall be evaluated once every three years in accordance with Section 3.09.
If the building principal determines there is a performance problem in years other than those where evaluation is required, the principal shall notify the Superintendent and the President. The teacher shall be subject to appraisal in accordance with Section 3.09. Within five (5) school days after an observation, a continuing contract teacher shall have the right to request a second party observation from individuals identified in Section 3.09, including learning specialists. Within five (5) days of the second observation, the results of both observations will be made available to the Superintendent and the President.
In accordance with Section 3.09, principals shall have the right to make classroom visits and review lesson plans during the visit, and to discuss classroom performance with teachers any time during the teachers’ employment.
E. Clear Direction
In the event inconsistent directions are provided a member as a result of administrative and/or supervisory visitations and observations, directions provided by the building principal shall take precedence over all others. The member may request a conference with the principal and such other authorized evaluators as necessary in order to establish clear direction for him/her. When such a conference is requested, it shall be held within five (5) work days.
3.10 Disciplinary Interviews and Suspension
Any disciplinary action taken by the Board shall only be for willful violations of reasonable regulations of the Board and/or the Agreement. No member shall be disciplined without just cause or because of the exercise of the right of freedom of speech or any other constitutionally guaranteed right, nor shall a member be disciplined unless it is determined through a disciplinary interview that just cause exists for the disciplinary action. The provisions of this section shall not apply to a suspension related to termination proceedings.
A. Disciplinary Interview
A disciplinary interview may be conducted by a field administrator, a central office administrator or the Executive Director – Human Resources.
In all disciplinary interviews, the following procedures shall apply:
1. A member shall receive a written notice at least forty-eight (48) hours prior to holding a disciplinary interview. Said notice shall contain the time and place of said interview and shall include the reason (s) for said disciplinary interview.
2. The interview shall be conducted in private, except that the member may request the presence of an AEA representative. When such a request is made, the interview shall not proceed until the representative is in attendance, unless the representative is unable to attend within five (5) work days.
3. No document shall be used by either party at any disciplinary interview conducted by an administrator for the Department of Human Resources unless a copy of such document has been provided to the other party at least two days in advance of the disciplinary interview.
B. Progressive Discipline
Formal disciplinary action shall consist of five (5) progressive steps and shall be taken only for just cause and shall not exceed the gravity of the member’s offense. Nothing in this Agreement precludes the repetition of a disciplinary action for an offense without progressing to the next step.
First Step Verbal Warning
Second Step Building Level Reprimand
Third Step Human Resources Reprimand
Fourth Step One day suspension with or without pay
Fifth Step Two day suspension with or without pay
Records of verbal warnings and building level reprimands shall be kept in the school office and not be made part of the member’s personnel file. Records of Human Resources reprimands and suspensions may be included in the member’s personnel file. Such records shall be removed from the member’s personnel file two years after being imposed, provided there is no intervening disciplinary action under the steps above.
It is understood that the severity of an act may warrant an immediate suspension (with or without pay). It is further understood that this option will only be used for serious offenses or where termination would not be judged appropriate. A decision to suspend a member under steps 4 and 5 above can only be made by the Superintendent or the Executive Director of Human Resources.
C. Appeal
If a member is disciplined by a field or central office administrator, the member shall have five (5) work days in which to appeal the decision to the Executive Director – Human Resources. The appeal shall be heard in a meeting between the member and the Executive Director – Human Resources which shall take place no less than ten (10) work days after the appeal request. The member shall have the right to the presence of an AEA representative at the meeting. If a member is disciplined by the Executive Director of Human Resources, the member may file a grievance in accordance with Section 3.29.
Notwithstanding the above, a member shall have the right to grieve in accordance with Section 3.29 and/or submit a written rebuttal of any disciplinary action taken against him/her. The rebuttal shall be attached to the record of the disciplinary action provided that it is submitted within forty-five (45) work days following notification to the member of the disciplinary action.
Failure by the administration to follow the procedures set forth above shall result in any disciplinary action becoming null and void.
Members placed on administrative leave as the result of an allegation reported to Children Services Board or the Akron Police Department are not subject to the disciplinary procedures above unless the allegations against them are substantiated or it is determined the member violated Board policy.