TDES Teacher Appeals and Grievances
TDES - Appeals
H. Appeals process – Following the first formal announced observation event and any subsequent event, a teacher may request the intervention and/or support of the Academic Superintendent within ten (10) working days. The Academic Superintendent will review the evidence regarding the events to date, and may take one or more of the following actions: 1. Co-evaluate the next event or events; 2. Assign a new evaluator to conduct a new evaluation to replace the prior event(s); 3. Uphold the evidence of the event; 4. Provide intervention, including more training, for the evaluator. The Academic Superintendent shall submit an electronic record of the request, his/her response, and the outcome of the appeal within ten (10) working days. The teacher may appeal the Academic Superintendent’s response to the TDES Steering Committee co-chairs within ten (10) working days. The TDES Steering Committee co-chairs will respond within ten (10) working days.
TDES – Grievances
The CBA outlines the aspects of TDES that can be grieved in Article 13, Section 6, (p. 60 in the bound copy). Please note that the CBA limits grievances to procedures, not substantive ratings. The grievant must show substantive harm as a result of the procedural errors.
Section 6. Grievances A teacher may challenge any violation of the evaluation procedures in accordance with the grievance procedure in Article 6. The grievance will be limited to the determination of procedural errors that have resulted in substantive harm to the teacher and to ordering the correction of procedural errors. The failure of the board or evaluator to strictly comply with any deadline or evaluation forms under this Article shall not be cause for an arbitrator to determine that a procedural error occurred, unless the arbitrator finds that the failure resulted in substantive harm to the teacher. The arbitrator shall have no jurisdiction to modify the evaluation results, but the arbitrator may stay any decision taken as a result of the evaluation pending the board’s correction of any procedural error. The board shall correct any procedural error within fifteen business days after receipt of the arbitrator’s determination that a procedural error occurred.
TDES - Notification of Incomplete Evaluation Events
I. The evaluator and teacher have a shared responsibility to ensure the teacher is evaluated consistent with this Article... [A]ny teacher who is concerned about the timely completion of the evaluation procedure may, at any time, notify the TDES Committee co-chairs in writing. Any incomplete evaluations will be referred to the TDES Steering Committee co-chairs for resolution which could include a compressed evaluation schedule. If a compressed evaluation schedule is not possible, the teacher will be assigned the higher of his/her rolling average of the last three (3) years composite evaluations rankings for the Teacher Performance Data (rounded to nearest whole) or the last year’s evaluation ranking for the Teacher Performance Data. If that data is not available, a default ranking of “Developing” shall be assigned for the year where data does not exist for the Teacher Performance Data and where there is no documented communication initiated by the teacher with the TDES Steering Committee co-chairs to timely remedy the lack of any evaluation under this Article. Where the teacher has initiated, in writing, communications with the their evaluator, and if the concern persists, in writing with the TDES Steering Committee co-chairs advising that an event has not been completed in a timely manner in accordance with this Article, and where there is no Teacher Performance Data available, a default performance ranking of “Skilled” shall be assigned for that year. This ranking will be combined with the student growth measures for the year to establish the Effectiveness Rating...The timelines and/or procedures in this Article may be modified with the agreement of the TDES Steering Committee co-chairs for resolution to accommodate the evaluation of a teacher with missing evaluation data....