Arizona Education Association

Winter 2013

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ACCOUNTABILITY Teacher Evaluation Concerns, cont. from page 14 teacher, then that probationary teacher has similar hearing and procedural rights as provided to all dismissed continuing teachers. 3. Revert a teacher's continuing status to probationary status. a.A continuing teacher who has been designated after an evaluation to be in the lowest performance classification for the current school year shall become a probationary teacher as defined in ARS §15-536(E) for the subsequent school year. b.That teacher shall remain a probationary teacher until that teacher's performance classification is designated in either of the two highest performance classifications. As a probationary teacher, that teacher can be nonrenewed at the end of the contract year that they have probationary status. Any teacher given a PNICP should contact his local association, aeahelpdesk.org, or an AEA Organizational Consultant, in a timely manner. Please Note: a school district cannot issue either a notice of the governing board's intention to dismiss or a notice not to reemploy for inadequacy of classroom performance until the district has completed an observation at the conclusion of a 45-instructionalday performance improvement plan that was designed to help the teacher correct inadequacies and demonstrate adequate classroom performance. What constitutes inadequacy of classroom performance? Each governing board, in consultation with its certificated teachers, must adopt a definition of "inadequacy of classroom performance" that Winter.13advo.indd 24 aligns with the four performance classifications. Consultation with teachers may occur by holding a public hearing, by forming an advisory committee, or by giving teachers an opportunity to respond to a proposed definition. It is sometimes difficult to determine what conduct constitutes "classroom performance," requiring notice and an opportunity to improve. The Arizona Supreme Court has decided that "classroom performance…does not define the place where the activity occurs, but instead includes those factors which pertain to teaching ability, technique, and effectiveness. It encompasses the broad scope of a teacher's professional activities that enhance or detract from the instructional process." Wheeler v. Yuma Sch. Dist. No. One, 156 Ariz. 102, 107, 750 P.2d 860, 865 (1988). The Arizona Supreme Court concluded that communication skills with parents are part of "classroom performance." Various definitions of inadequacy exist across districts. In some districts, one "unsatisfactory" mark constitutes inadequacy. In others, two "needs improvement" marks constitute inadequacy. In other districts, inadequacy requires "below minimum standard" marks in three areas. Refer to your district's evaluation policy for the applicable definition. The district's definition of inadequacy must be met in order to dismiss a teacher or nonrenew a teacher's contract for inadequacy of classroom performance. 2 If you require assistance with your evaluation or have any questions, please contact your local association representative or president, or your AEA Organizational Consultant, or go to aeahelpdesk.org. 24 Winter 2013/14 x AEA Advocate 11/4/13 3:23 PM

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