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Know Your Rights

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Upon receiving your written observation summary or summative annual appraisal report, you have 10 working days to formulate a written response to rebut any information you deem is not accurate. The day you receive your observation summary is considered day 0. The next day is day 1. Please keep in mind your timelines. Rebuttals or responses may only be accepted after the deadline at the discretion of the appraiser. To protect yourself, respect the timelines. As a Membership Service Specialist and your Building Representative, I recommend the following when preparing rebuttals:

Immediately inform EA of any discrepancies.
Submit any and all documents pertaining to the discrepancy.
Create a response and FIRST submit it to EA for review. EA staff will review your document to ensure the language and tone are appropriate. Revisions may be necessary to produce a professionally written document free of emotions and negatively written responses. EA will send you the revised document and give the OK for submission. This is a very important process you should embrace.

You have the right to request a second appraisal within 10 working days of receiving the written observation summary or annual appraisal report.

Appraiser Qualifications:

A supervisor shall conduct the appraisal and that person must be either an certified administrator, supervisor, or superintendent who have met the requirements of teh Instructional Leadership Training (ILT) or the Instructional Leadership Development (ILD). A classroom teacher cannot apprais another classroom teacher within the same building. This includes department chairs and team leaders. These are individuals who are your equals and do not have administrative status.

Source: http://ritter.tea.state.tx.us/rules/tac/chapter150/ch150aa.html

Teachers in Need of Assistance (TINA) aka Growth Plan (GP)

Teachers whose performance is unsatisfactory in one or more domains or below expectations in two or more domains are subject to being deemed as a TINA and placed on a GP.

An intervention plan is developed, which means there are certain areas of performance the teacher must correct within a specified timeline. The plan includes directives and/or recommendations for improvement on specific tasks.

As an MSS, I highly recommend you meet the deadlines for each task you are being asked to correct. Upon completion of all tasks, I recommend you request in writing confirmating that you have completed the plan successfully. This is very important. I must caution you, that failure to complete the tasks within the required timelines usually lead to contractual difficulties. This means your contract can be terminated. Teachers on a GP are not eligible to transfer to other campuses until you have fulfilled all requirements.

Notify EA immediately when you are placed on a GP. It is critical that EA encourages you to fulfill your tasks within the timelines in order to prevent contractual difficulties. If you receive a letter that you are in contractual difficulty, notify EA immediately. Please do not delay.

Contracts

Poor teacher performance for those on probationary contracts (one year contract) or those in the final year of a term contract may lead to a contract nonrenewal. An indication that an administrator is looking at recommending the nonrenewal of a contract is when teachers are placed on GP.

What if your administrator offers you a probationary contract in lieu of termination do you accept it? Call EA immediately to discuss your options and chances of being more successful by either fighting your termination or accepting the probationary contract and working hard to demonstrate your ability to improve professionally. Here is more information I cut and pasted from the Texas AFT Website that may assist you:

Source: www.texasaft.org (2009)

Resignation

Do not sign any resignation form without first notifying EA. Avoid having your rights taken from you! Signing a resignation letter means you are giving up your due process rights or right to appeal and your contractual employement protection. Don't do it! Call EA immediately 512 472-1124. Monday through Thursday 8-8, Friday 8-5.

§ 21.106. Return to Probationary Status

(a) In lieu of discharging a teacher employed under a continuing contract, terminating a teacher employed under a term contract, or not renewing a teacher’s term contract, a school district, may with the written consent of the teacher, return the teacher to probationary contract status.
(b) Except as provided by Subsection (d), a teacher may agree to be returned to probationary contract status only after receiving written notice that the board of trustees of the school district has proposed discharge, termination, or nonrenewal.
(c) A teacher returned to probationary contract status must serve a new probationary contract period as provided by Section 21.102 as if the teacher were employed by the district for the first time.
(d) A teacher may agree to be returned to probationary contract status after receiving written notice of the superintendent’s intent to recommend discharge, termination, or nonrenewal. Notice under this subsection must inform the teacher of the school district’s offer to return the teacher to probationary contract status, the period during which the teacher may consider the offer, and the teacher’s right to seek counsel. The district must provide the teacher at least three business days after the date the teacher receives notice under this subsection to agree to be returned to probationary contract status. This subjection does not require a superintendent to provide notice of an intent to recommend discharge, termination, or nonrenewal.

If you find yourself in this situation, the first thing you should do is call your union representative, who will help you explore your options. Any decision you make will have lasting consequences on your career.

PDAS Waivers

A teacher who is either in the first or second year of a three year term contract are eligible for waivers. You must have had proficient ratings in all domains on your prior appraisal. The appraisal cannot be older than five years. A waiver must be signed at the beginning of the school year before the end of the third week of school. End-of-the-year conferences are still held in order to go over progress and areas in need of improvement. What was discussed is placed on a document, which is signed by the administrator and teacher. This document is placed in your personnel file at the district level. An administrator may reinstate an appraisal, if he/she deems it necessary due to deficiencies in the teacher's performance.