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Teacher Evaluation
Procedure Manual
Objectives
Evaluation Safeguards
The evaluatee may claim personal bias on conflict of interest at any time during the
evaluation process; however, the evaluation process, including timelines, will be
continued. S/he may appeal first to the principal if the claim is against any qualified
evaluator other than the principal, or to the Assistant Superintended if the claim is
against the principal.
By mutual agreement of the evaluator and evaluate, content of the evaluation
document may be changed as a result of a post-observation conference discussion.
A teacher who wishes to respond to his/her evaluation in writing may do so within
five workdays of receipt of the document. The teachers written response will
become a part of the evaluation document and will be placed in the teachers file
and forwarded to Human Resources.
Confidentiality
Copies of assessment and evaluation reports of teacher performance are
confidential, and do not constitute a public record. Nothing involving teacher
evaluation will be released, shown to, or discussed with unauthorized persons, in
either draft or completed form.
Review by Principal
All evaluations and recommendations will be reviewed and signed by the principal,
who will take appropriate action. If a recommendation for issuance of a Preliminary
Notice of Unsatisfactory Classroom Performance has been made, the principal will
see that the teacher has been provided copies of the applicable Arizona Statutes.
Evaluation Procedures
Each teacher shall be observed for the purpose of evaluation at least twice
annually, prior to May 1. These observations may be informal observations for
Continuing Teachers in good standings. Each observation shall generate either a
Formative or Summative Evaluation document. A summative evaluation shall be
conducted on each teacher every year, including 50% of teacher performance
determined by classroom instruction, 33% determined by classroom test data, and
17% determined by school-wide test data. There may be more formative/summative
evaluations if requested by the evaluator or the teacher. Informal walk-through
observations will be conducted regularly throughout the year.
The summative evaluation process requires: a school-wide inservice; at least two
formative observation (the first required no later than the 60 th instructional day),
each for a minimum of 30 minutes with no prior notice required; completion of the
Formative Evaluation form, and a copy given to the teacher within five working days
of the observation (with signed copy to teacher, school file, and Human Resources).
After each formative observation, a formative observation conference may be held.
Also included in the summative evaluation process are the development and/or
assessment of a Professional Development Plan.
The summative evaluation, which is based on all completed formative observation,
any other formal observations, results of the Professional Development Plan, and
classroom-level and school-level test data, shall be completed by the evaluator,
reviewed with, and signed by the teacher during the summative evaluation
conference. A copy of the summative evaluation shall be given to the teacher within
five days after the summative evaluation conference, with a copy placed in the
school file and a copy forwarded to Human Resources.
The formative evaluation process requires: a school-wide inservice; at least one
formative observation for at least 30 minutes with no prior notice required;
completion of the Formative Evaluation form and a copy given to the teacher and
verification of receipt by teacher within five working days of the observation (with a
signed copy to the school file and a signed copy to Human Resources). After each
formative observation, a formative observation conference may be held. If a
formative observation has taken place after the 60th instructional day and the
administrator feels the teacher is not performing at an appropriate level, the
administrator is encouraged to support the teacher through any means necessary,
including additional observation, to help the teacher improve to an appropriate
level.
By mutual agreement of the evaluator and evaluate, content of the evaluation
instrument may be changed as a result of a post-observation conference discussion.
A teacher who wishes to respond to his/her evaluation in writing may do so within
five working days of receipt of the document. The teachers written response will
become a part of the evaluation document and will be placed in the teachers file
and forwarded to Human Resources.
If the evaluatee is rated Does Not Meet Standards on any criterion in any
Standard, the evaluator shall complete the summative evaluation instrument and
conference with the teacher. Within five working days of that conference, a
remediation plan shall be developed jointly by the evaluator and teacher and shall
replace the Professional Development Plan during the remediation phase. Each
Remediation Plan form will address the standard identifying the criterion on which
the teachers performance does not meet District expectations. If the summative
evaluation has been completed no later than February 1, the continuing teacher
shall have sixty instructional days for remediation. If the summative evaluation has
been completed no later than November 1, the non-continuing teacher shall have
90 instructional days for remediation. The evaluator shall recommend the issuance
of a Preliminary Notice of Inadequate Classroom Performance after completion of
the summative evaluation process and at least fourteen days prior to the start of
the period of time within which to correct the inadequacy for continuing teachers, to
overcome the grounds for the charge (five days for non-continuing). The evaluator
shall conduct two follow-up observations (no later than March 1 and May 1 if the
remediation plan is implemented during spring semester and no later than October
1 and December 1 if the remediation plan is implemented during fall semester)
during the sixty (continuing teachers) or ninety (non-continuing teacher) day
remediation period to assess improvement.
If the teacher is rated Meets Standards after the two follow-up observations in all
criterion previously rated as Does Not Meet Standards, withdraw Preliminary
Notice. If they are rated Does Not Meet Standards in one or more of the criterion
previously identified, the evaluator shall recommend Human Resources to issue a
Notice of Intention to Dismiss. Recommendations not to reemploy continuing
teachers shall be reviewed by a District-level Evaluation Review Board to ensure
that the formative and summative evaluation procedures have been followed. In the
event that the Review Board finds that the procedures have not been followed, they
shall recommend to the Superintendent that the evaluation process be reinitiated.
Each teacher in the Sample School District will be required to design and implement
a Professional Development Plan. A plan would include all activities to increase skill
level in any of the Teacher Standards and/or Classroom/School-level Test Data. It is
recommended that the plan include one to three professional development
objectives per year. A plan may be annual or multi-year. It should be reviewed and
updated each year during each teachers annual summative evaluation. The
teacher will collaborate with the evaluator to insure a Professional Development
Plan is created and implemented. The teacher shall document activities and projects
completed as specified in the Professional Development Plan. In most cases, the
Teacher Induction Program constitutes the Professional Development Plan for noncontinuing teachers.
Unsatisfactory
Satisfactory
Summative Evaluation
Conference nlt December 1
Issuance of Preliminary
Notice by December 5Remediation Plan (60 days
Continuing/90 nonSatisfactory
Follow-up
Observatio
n
Follow-up
Observatio
n nlt May 1
Satisfactory
Formative Observation
First Semester (before 60th
day)
Formative Observation
Second Semester (before
May 1)
Professional Development
Plan Conference
Issuance of Preliminary
Notice by May 5Remediation Plan (60 days
Continuing/90 nonFollow-up Observation
nlt October 1
Satisfactory
Satisfactory
Follow-up Observation
nlt December 1
Recommendation Not to
Reemploy nlt January 15
Process not
followed
Recommendation Not to
Reemploy nlt May 15
Evaluation
Review Board
Statement of Charges
and Notice of Intent,
nlt June 1
Evaluation
Review Board
Statement of Charges
and Notice of Intent,
nlt January 30
Continuing _____
Non-Continuing
Subject _________________________________
School __________________________________
STANDARD 1- The teacher designs and plans instruction that develops students abilities
to meet Arizonas academic standards and the districts assessment plan.
STANDARD 2 The teacher creates and maintains a learning climate that supports the
development of students abilities to meet Arizonas academic standards :
STANDARD 3- The teacher implements and manages instruction that develops students
abilities to meet Arizonas academic standards:
STANDARD 5-The teacher collaborates with colleagues, parents, the community and
other agencies to design, implement, and support learning programs that develop
students abilities to meet Arizonas academic standards and transition from school to
work or post-secondary education:
STANDARD 6 The teacher reviews and evaluates his or her overall performance and
implements a professional development plan:
________________
_______________________
Date Signed
Date of Conference
_________________________________
________________
Teacher Signature
Date Signed
Signature indicates receipt of the evaluation but does not necessarily indicate
agreement with the content. Within five days of receipt of evaluation, teacher may
attach comments if desired.
Teacher __________________________________________
Date __________________
School ___________________________________________
Dept. _________________
Goal:
Objective(s):
Activities:
Assessment:
Due Date:
____________________________________
Teacher
______________
Date
____________________________________
Evaluator
______________
Date
REMEDIATION PLAN
Observation/Review Dates
_______________________________________________________________
1. Standard on which teachers performance does not meet expectations:
_____________
Date
______________________________________
Teacher
_____________
Date
Name _________________________________________
__________________________
School
Comments:
Conference Date:
______________________________________ ____________
_______________________________
Evaluator Signature
Date
Teacher Signature
SAMPLE DISTRICT
TEACHER SUMMATIVE EVALUATION INSTRUMENT
(DO NOT USE this process for Supervision Project. Only refer to the rubric to help you analyze teacher
performance in each standard. Use terminology from rubric to help you write your Formative
Evaluation narratives, but do NOT use the judgment/scoring/rating terminology;
formative/developmental feedback only.)
TEACHER _________________________________________________
SCHOOL
__________________________________________
Status: ____ 1st year
_____ Continuing
INSTRUCTIONS: Using data from classroom observations, planning documents, record reviews, and other sources,
the Evaluator will graph the appropriate level of performance for each criterion using rating descriptions found in the
Teacher Evaluation Rubric. Tally total number of points earned (162 max), divide by 54, and multiply that number
by .5. Any Instruction criteria rated at the Does Not Meet Standard level of performance shall require an
Improvement Plan for that area.
INSTRUCTION 50%
Standard
Distinguish
ed (3
points
each)
Meets
(2 points
each)
Developing
1 2 3 4 5 6 7 8 9 10
11 12 13
1 2 3 4 5 6 7 8 9 10
1 2 3 4 5 6 7 8 9 10 11 12 13
14 15 16
12345
12345
12345
1 2 3 4 5 6 7 8 9 10
11 12 13
1 2 3 4 5 6 7 8 9 10
1 2 3 4 5 6 7 8 9 10 11 12 13
14 15 16
12345
12345
12345
1 2 3 4 5 6 7 8 9 10
11 12 13
1 2 3 4 5 6 7 8 9 10
1 2 3 4 5 6 7 8 9 10 11 12 13
14 15 16
12345
12345
12345
(1 point
each)
Does not
Meet (0
points
each)
Total
points for
each
Standard
1 2 3 4 5 6 7 8 9 10
11 12 13
1 2 3 4 5 6 7 8 9 10
1 2 3 4 5 6 7 8 9 10 11 12 13
14 15 16
12345
12345
12345
_____
_____
_____
_____
_____
______
Data Source
Terra Nova
Stanford 10
District
Tests
Benchmark
Tests
Developing
(1 point
each)
Does not
Meet (0
points each)
Total points
for each
Standard
____
_____
_____
_____
_____
Total CLASSROOM LEVEL DATA points _____ (15 max) 5 = ________ x .33 = ________
Data Source
Terra Nova
Stanford 10
District
Tests
Benchmark
Tests
Distinguishe
d (3 points
each)
Meets
(2 points
each)
Developing
(1 point
each)
Does not
Meet (0
points each)
Total points
for each
Standard
____
_____
_____
Total SCHOOL LEVEL DATA points _____ (15 max) 5 = ________ x .17 = ________
_____
_____
Total INSTRUCTION score, CLASSROOM DATA score, and SCHOOL LEVEL DATA score (3 max) _________
_____ Evaluator has determined this satisfies your annual evaluation as required by law under Title 15 of the
Arizona Revised Statues.
_____ Improvement Plan needed
_________________________________________
Evaluator Signature
_______________
Date
___________________________________
__________
Principal Signature
Date
(if teacher is rated Does Not Meet Standards)
______________________________________ _______________
Teacher Signature
Date
Instruction 50%
I. The teacher designs and plans instruction that develops students abilities to meet Arizonas academic standards and the
districts assessment plan.
Element
Developing
Meets Standards
Distinguished
1. Focuses instruction
on Arizonas academic
standards
2. Focuses instruction
on the schools and
districts academic
standards
3. Aligns curriculum
with the student
assessments
4. Addresses any
physical, mental, social,
cultural, and community
differences
among learners
5. Addresses prior
knowledge of individual
and group performance
7. Includes appropriate
use of a variety of
methods, materials,
and resources
Planned instructional
methods, materials, and
resources support
instructional goals and
objectives. There is great
variety of methods, materials,
and resources to engage all
students in meaningful
learning. There is opportunity
for students to participate in
selecting/adapting methods,
materials, and resources.
8. Includes learning
experiences that are
developmentally
appropriate for learners
In addition to accurate
knowledge of the typical
developmental characteristics
of the age group and
exceptions to the general
patterns, teacher displays
knowledge of the extent to
which individual students
9. Includes learning
experiences that
address a variety of
cognitive levels
instruction
Representation of content is
inappropriate and unclear.
Teachers examples, analogies,
and visual models are poor or
inaccurate.
Representation of content is
inconsistent in quality. Some of
teachers examples analogies
and visual models are skillfully
used.
Representation of content is
appropriate. Teachers
examples, analogies and visual
models are skillfully used and
enhance student learning of
content.
Representation of content is
appropriate. Teachers
examples, analogies and
visual models are skillfully
used and enhance student
learning of content. Teacher
provides students an
opportunity to contribute to
representation of content.
13. Incorporates
appropriate
assessment of student
progress
II. The teacher creates and maintains a learning climate that supports the development of students abilities to meet
Arizonas academic standards.
Element
Developing
Meets Standards
Distinguished
1. Establishes and
maintains standards of
mutual respect
3. Encourages the
student to demonstrate
self-discipline and
responsibility to self
and others
4. Respects the
individual differences
among learners
5. Facilitates people
working productively
and cooperatively with
each other
6. Provides a
motivating learning
environment
7. Promotes
appropriate classroom
participation
8. Listens thoughtfully
and responsively
Teacher attempts to
accommodate students
questions or interests, although
the pacing of the lesson is
disrupted.
Teacher successfully
accommodates students
questions or interests.
9. Organizes materials,
equipment, and other
resources appropriately
III. The teacher implements and manages instruction that develops students abilities to meet Arizonas academic
standards
Element
Developing
Meets Standards
Distinguished
1. Appropriately
implements a teacherdesigned lesson plan
2. Communicates to
students specific
standards and high
expectations for
learning
experience is established.
life experiences
5. Demonstrates
effective written and
oral communication
6. Uses appropriate
language to
communicate with
learners clearly and
accurately
Teachers explanation of
content is appropriate and
connects with students
knowledge and experience.
Teachers directions and
procedures are clear to
students.
Teachers explanation of
content is imaginative and
connects with students
knowledge and experience.
Teachers directions and
procedures are clear to
students and anticipate
possible student
misunderstanding.
8. Incorporates
strategies which
address the diverse
needs of learners, and
demonstrates
multicultural sensitivity
9. Encourages critical
thinking
10.Connects lesson
content to real life
situations when
appropriate
11.Uses technology
and a variety of
instructional resources
appropriately
14.Provides
opportunities for
students to use and
practice what is
learned
15.Adjusts instruction
based on feedback
from students
12.Uses a variety of
effective teaching
strategies to engage
students actively in
learning which
results in a high level of
success for students
13.Maximizes the
amount of class time
students are engaged
in learning which
results in a high level of
success for students
lessons.
IV. The teacher assesses learning and communicates results to students, parents and other professionals with respect to
students abilities to meet Arizonas academic standards.
Element
Developing
Meets Standards
Distinguished
1. Promotes student
self-assessment
2. Uses a variety of
appropriate formal and
informal assessments
aligned with instruction
3. Maintains records of
student work and
performance and uses
them to guide
instructional decisions
behavior.
5. Maintains privacy of
student records and
performance
V. The teacher collaborates with colleagues, parents, the community and other agencies to design, implement, and support
learning programs that develop students abilities to meet Arizonas academic standards and transition from school to work
or post-secondary education
Element
Developing
Meets Standards
Distinguished
2. Collaborates with
other professionals and
agencies to improve
the overall learning
environment for
students
3. Accesses community
resources and services
to foster student
learning
4. Demonstrates
productive leadership
and team membership
skills that facilitate
the development
of mutually
beneficial goals
5. Collaborates with
colleagues to achieve
school and district
goals
VI. The teacher reviews and evaluates his or her overall performance and implements a professional development plan
Element
Developing
Meets Standards
Distinguished
1. Reviews his or
her practices and
evaluates the
influences of his
or her practices
on student growth
and learning
In addition to reflection on
practice and application of
new learning to teaching, the
teacher can cite evidence of
improved student
achievement results through
systematic approached such
as action research.
2. Designs and
continually adapts
a professional
development plan
for improving
instruction and
student learning
3. Engages in
activities that
implement the
professional
development plan
4. Uses
employers
documentation of
his or her
performance to
develop a
Teacher engages in no
professional development
activities to enhance knowledge
or skill.
Teacher participates in
professional activities to a
limited extent when they are
convenient.
professional
development plan
5. Pursues
professional
activities to
support
development as a
learner and a
teacher
Element
Commendable
Meets Expectations
Developing
Needs Improvement
AIMS
Terra Nova
Stanford 10
Benchmark Tests
(Dibbles, district
benchmark tests, etc.)
Element
Commendable
Meets Expectations
Developing
Needs Improvement
AIMS
Grade/Content/School average
on AIMS is more than one grade
level higher than same
students prior year score.
Grade/Content/School average
on AIMS is one grade level
higher than same students
prior year score.
Grade/Content/School average
on AIMS is less than one
standard deviation lower than
same students prior year score.
Grade/Content/School
average on AIMS is one
standard deviation lower than
same students prior year
score.
Terra Nova
Grade/Content/School average
on Terra Nova is more than one
grade level higher than same
students prior year score.
Grade/Content/School average
on Terra Nova is one grade level
higher than same students
prior year score.
Grade/Content/School average
on Terra Nova is less than one
standard deviation lower than
same students prior year score.
Grade/Content/School
average on Terra Nova is one
standard deviation lower than
same students prior year
score.
Stanford 10
Grade/Content/School class
average on Stanford 10 is more
than one grade level higher
than same students prior year
score.
Grade/Content/School average
on Stanford 10 is one grade
level higher than same
students prior year score.
Grade/Content/School average
on Stanford 10 is less than one
standard deviation lower than
same students prior year score.
Grade/Content/School
average on Stanford 10 is one
standard deviation lower than
same students prior year
score.
Grade/Content/School average
on District Course Test is more
than one grade level higher
than same students pre-test
score.
Grade/Content/School average
on District Course Test is one
grade level higher than same
students pre-test score.
Grade/Content/School average
on District Course Test is less
than one standard deviation
lower than same students pretest score.
Grade/Content/School
average on District Course
Test is one standard deviation
lower than same students
pre-test score.
Benchmark Tests
(Dibbles, district
benchmark tests, etc.)
Grade/Content/School average
Benchmark Tests are more than
one grade level higher than
same students pre-test score.
Grade/Content/School average
Benchmark Tests are one grade
level higher than same
students pre-test score.
Grade/Content/School average
Benchmark Tests are less than
one standard deviation lower
than same students pre-test
score.
Grade/Content/School
average Benchmark Tests are
one standard deviation lower
than same students pre-test
score.
15-501. Definitions
In this chapter, unless the context otherwise requires:
1. "Administrator" means any school district administrator except a school principal devoting not
less than fifty per cent of his time to classroom teaching.
2. "Certificated teacher" means a person who holds a certificate from the state board of education
to work in the schools of this state and who is employed under contract in a school district in a
position which requires certification except a psychologist or an administrator devoting less than
fifty per cent of his time to classroom teaching.
3. "Full-time" means employed for a full school day, or its equivalent, or for a full class load, or
its equivalent, as determined by the governing board.
4. "Governing board" means the governing board of a school district or a county school
superintendent in the case of accommodation schools located in such county.
5. "Major portion of a school year" means full-time employment for fifty-one per cent of the
school days during which school is in session, except that a certificated teacher is not deemed to
have completed the major portion of the third school year of three consecutive years of
employment until the end of the third school year.
6. "Superintendent" means the superintendent of schools of a school district.
7. "Suspension without pay" means suspension without pay for a period of time not to exceed ten
school days.
15-536. Offer of contract to certificated teacher who has not been employed more than three
consecutive school years; acceptance; notice to teacher of intention not to reemploy
A. Subject to sections 15-539, 15-540, 15-541, 15-544 and 15-549, the governing board shall
offer a teaching contract for the next ensuing school year to each certificated teacher who has not
been employed by the school district for more than the major portion of three consecutive school
years and who is under a contract of employment with the school district for the current school
year, unless the governing board, a member of the board acting on behalf of the board or the
superintendent of the school district gives notice to the teacher of the board's intention not to
offer a teaching contract or unless such teacher has been dismissed pursuant to section 15-538,
15-539, 15-541 or 15-544. The teacher's acceptance of the contract for the ensuing year must be
indicated within fifteen business days from the date of the teacher's receipt of the written contract
or the offer is revoked. Receipt under this subsection will be deemed to have occurred when the
written contract is personally delivered, placed in the teacher's school provided mailbox,
including electronic mail, or two days after being placed in a United States postal service
mailbox. The teacher accepts the contract by signing the contract and returning it to the
governing board or by making a written instrument which accepts the terms of the contract and
delivering it to the governing board. If the written instrument includes terms in addition to the
terms of the contract offered by the board, the teacher fails to accept the contract.
B. Notice of the board's intention not to reemploy the teacher shall be by delivering it personally
to the teacher or by sending it by registered or certified mail to the teacher at the teacher's place
of residence as recorded in the school district records. The notice shall incorporate a statement of
reasons for not reemploying the teacher. If the reasons are charges of inadequacy of classroom
performance as defined by the governing board pursuant to section 15-539, subsection D, the
board or its authorized representative, at least ninety days prior to such notice, shall give the
teacher written preliminary notice of inadequacy, specifying the nature of the inadequacy with
such particularity as to furnish the teacher an opportunity to correct the inadequacies and
overcome the grounds for such charge. The governing board may delegate to employees of the
governing board the general authority to issue preliminary notices of inadequacy of classroom
performance to teachers pursuant to this subsection without the need for prior approval of each
notice by the governing board. In all cases in which an employee of the governing board issues a
preliminary notice of inadequacy of classroom performance without prior approval by the
governing board, the employee shall report its issuance to the governing board within five school
days. The written notice of intention not to reemploy shall include a copy of any evaluation
pertinent to the charges made and filed with the board.
C. Nothing in this section shall be construed to provide a certificated teacher who has not been
employed by the school district for more than the major portion of three consecutive school years
and who has received notice of the board's intention not to offer a teaching contract with the right
to a hearing pursuant to section 15-539, subsection G.
15-537. Performance of certificated teachers; evaluation system
A. The governing board of a school district shall establish a system for the evaluation of the
performance of certificated teachers in the school district. The objectives of the teacher
performance evaluation system are to improve instruction and maintain instructional strengths.
The governing board shall involve its certificated teachers in the development and periodic
evaluation of the teacher performance evaluation system.
B. The governing board shall prescribe specific procedures for the teacher performance
evaluation system which shall include at least the following elements:
1. A reliable evaluation instrument including specific criteria for measuring effective teaching
performance in each area of the teacher's classroom responsibility.
2. An assessment of the competencies of teachers as they relate to the specific criteria for
measuring teacher performance prescribed in paragraph 1 of this subsection.
3. A specified minimum number and minimum duration of actual classroom observations of the
certificated teacher demonstrating teaching skills by the persons evaluating the teacher.
4. Specific and reasonable plans for the improvement of teacher performance as provided in
subsection F.
5. Appeal procedures for teachers who disagree with the evaluation of their performance, if the
evaluation is for use as criteria for establishing compensation.
C. A regular evaluation of the performance of each certificated teacher as provided in this section
shall be performed at least twice each year for a teacher who has not been employed by the
school district for more than the major portion of three consecutive school years and at least once
each year for a teacher who has been employed by the school district for more than the major
portion of three consecutive school years. The governing board may provide for additional
teacher performance evaluations as it deems necessary.
D. The governing board shall designate persons who are qualified to evaluate teachers to serve as
evaluators for the district's teacher performance evaluation system. The governing board shall
ensure that persons evaluating teachers are qualified to evaluate teachers.
E. An evaluation made as provided in this section shall be in writing, and a copy shall be
transmitted to the certificated teacher within five days after completion of the evaluation. The
certificated teacher may initiate a written reaction or response to the evaluation.
F. Each evaluation shall include recommendations as to areas of improvement in the performance
of the certificated teacher if the performance of the teacher warrants improvement. After
transmittal of an assessment a board designee shall confer with the teacher to make specific
recommendations as to areas of improvement in the teacher's performance. The board designee
shall provide assistance and opportunities for the certificated teacher to improve his performance
and follow up with the teacher after a reasonable period of time for the purpose of ascertaining
that the teacher is demonstrating adequate classroom performance.
G. Copies of the assessment and evaluation report of a certificated teacher retained by the
governing board are confidential, do not constitute a public record and shall not be released or
shown to any person except:
1. To the certificated teacher who may make any use of it.
2. To authorized district officers and employees for all personnel matters regarding employment
and contracts and for any hearing which relates to personnel matters.
3. For introduction in evidence or discovery in any court action between the governing board and
the certificated teacher in which either:
(a) The competency of the teacher is at issue.
(b) The assessment and evaluation were an exhibit at a hearing, the result of which is challenged.
the school district for the current year a contract renewal for the next ensuing school year unless
the governing board, a member of the board acting on behalf of the board or the superintendent
of the school district gives notice to the teacher of the board's intent not to offer a contract and to
dismiss the teacher as provided in section 15-539.
B. The teacher's acceptance of the contract must be indicated within fifteen business days from
the date of the teacher's receipt of the written contract or the offer of a contract is revoked.
Receipt under this subsection will be deemed to have occurred when the written contract is
personally delivered, placed in the teacher's school provided mailbox, including electronic mail,
or two days after being placed in a United States postal service mailbox. The teacher accepts the
contract by signing the contract and returning it to the governing board or by making a written
instrument which accepts the terms of the contract and delivering it to the governing board. If the
written instrument includes terms in addition to the terms of the contract offered by the board,
the teacher fails to accept the contract.
15-539. Dismissal of certificated teacher; due process; written charges; notice; hearing on request
A. On a written statement of charges presented by the superintendent, charging that there exists
cause for the suspension without pay for a period of time greater than ten school days or
dismissal of a certificated teacher of the district, the governing board, except as otherwise
provided in this article, shall give notice to the teacher of its intention to suspend without pay or
dismiss the teacher at the expiration of ten days from the date of the service of the notice.
B. Whenever the superintendent presents a statement of charges wherein the alleged cause for
dismissal constitutes immoral or unprofessional conduct, the governing board may adopt a
resolution that a complaint be filed with the department of education. Pending disciplinary action
by the state board of education, the certificated teacher may be reassigned by the superintendent
or placed on administrative leave by the board pursuant to section 15-540.
C. The governing board shall give a certificated teacher who has been employed by the school
district for more than the major portion of three consecutive school years notice of intention to
dismiss if its intention to dismiss is based on charges of inadequacy of classroom performance as
defined by the governing board pursuant to subsection D of this section. The governing board or
its authorized representative shall give the teacher a written preliminary notice of inadequacy of
classroom performance at least ten instructional days before the start of the period of time within
which to correct the inadequacy and overcome the grounds for the charge. The governing board
may delegate to employees of the governing board the general authority to issue preliminary
notices of inadequacy of classroom performance to teachers pursuant to this section without the
need for prior approval of each notice by the governing board. In all cases in which an employee
of the governing board issues a preliminary notice of inadequacy of classroom performance
without prior approval by the governing board, the employee shall report its issuance to the
governing board within five school days. The written preliminary notice of inadequacy of
classroom performance shall specify the nature of the inadequacy of classroom performance with
such particularity as to furnish the teacher an opportunity to correct the teacher's inadequacies
and overcome the grounds for the charge. The written preliminary notice of inadequacy of
classroom performance shall be based on a valid evaluation according to school district
procedure, shall include a copy of any evaluation pertinent to the charges made and shall state
the date by which the teacher has to correct the inadequacy and overcome the grounds for the
charge. That evaluation shall not be conducted within two instructional days of any school break
of one week or more. The written preliminary notice of inadequacy of classroom performance
shall allow the teacher not less than sixty instructional days within which to correct the
inadequacy and overcome the grounds for the charge. If within the time specified in the written
preliminary notice of inadequacy of classroom performance the teacher does not demonstrate
adequate classroom performance, the governing board shall dismiss the teacher either within ten
days of the service of a subsequent notice of intention to dismiss or by the end of the contract
year in which the subsequent notice of intention to dismiss is served unless the teacher has
requested a hearing as provided in subsection G of this section. If the teacher demonstrates
adequate classroom performance during the period allowed to correct such deficiencies as
specified in the written preliminary notice of inadequacy of classroom performance, the
governing board may not dismiss the teacher for the reasons specified in the written preliminary
notice of inadequacy of classroom performance. If the governing board of a school district has
received approval to budget for a career ladder program, the governing board may define
inadequacy of classroom performance by establishing a single level of performance that is
required of all teachers or by establishing more than one required level of performance. If more
than one level is established, the same level of performance for minimum adequacy shall be
required of all teachers who have completed the same number of years of teaching in the district.
D. The governing board shall develop a definition of inadequacy of classroom performance that
applies to notices issued pursuant to section 15-536, section 15-538 and this section. The
governing board shall develop its definition of inadequacy of classroom performance in
consultation with its certificated teachers. The consultation may be accomplished by holding a
public hearing, forming an advisory committee, providing teachers the opportunity to respond to
a proposed definition or obtaining teacher approval of a career ladder program that defines
inadequacy of classroom performance.
E. Any written statement of charges alleging unprofessional conduct, conduct in violation of the
rules or policies of the governing board or inadequacy of classroom performance shall specify
instances of behavior and the acts or omissions constituting the charge so that the certificated
teacher will be able to prepare a defense. If applicable, it shall state the statutes, rules or written
objectives of the governing board that the certificated teacher is alleged to have violated and set
forth the facts relevant to each occasion of alleged unprofessional conduct, conduct in violation
of the rules or policies of the governing board or inadequacy of classroom performance.
F. The notice shall be in writing and shall be served on the certificated teacher personally or by
United States registered or certified mail addressed to the teacher's last known address. A copy of
the charges, together with a copy of this section and sections 15-501, 15-538.01, 15-540, 15-541,
15-542 and 15-544 through 15-547, shall be attached to the notice.
G. The certificated teacher who receives notice that there exists cause for dismissal or suspension
without pay shall have the right to a hearing if the teacher files a written request with the
governing board within ten days of service of notice. The filing of a timely request shall suspend
the imposition of a suspension without pay or a dismissal pending completion of the hearing.
15-540. Suspension prior to dismissal of a certificated teacher; written charges; salary
A. Upon a written statement of charges adopted by the governing board charging a certificated
teacher of the school district with cause for suspension without pay or dismissal, the governing
board may immediately place the teacher on administrative leave of absence and give him notice
of the administrative leave of absence.
B. The notice of administrative leave of absence shall be in writing and be served upon the
teacher personally or by United States registered mail addressed to the teacher at his last known
address.
C. Any teacher who is placed on administrative leave of absence pursuant to this section shall
continue to be paid regular salary during the period of administrative leave of absence.