ARTICLE 12 : EVALUATION and SUPERVISION

A. The philosophy of the Lexington Public Schools supervision and evaluation process emerges directly from the Lexington Public Schools core values: Individuality and Diversity, Shared Responsibility, and Continuous Improvement.

A diverse professional staff, by definition, comprises individuals with different backgrounds, needs, interests, and aspirations. Lexington Public Schools should afford the professional staff opportunities to explore and express their individuality and to appreciate the individuality of colleagues. Hence, the supervision and evaluation process should address the gifts, talents, and special needs of every member of the professional staff. Supervisors and evaluators should practice diverse methodologies in an effort to challenge all staff members, whatever their experience or areas of expertise. Professional excellence can only be achieved when all members of the professional staff know the high, realistic and explicitly stated expectations for them.

Members of the professional staff and administrators must work together within the supervision and evaluation process to harness the power of community, collaboration, and communication. Partnerships which maximize our professional potential, enhance our professional practices, and overcome the defensiveness which sometimes hampers our professional relationships must be developed. A collegial, supportive, non-threatening climate should be promoted by all.

Regardless of the current level of attainment, professional performance should always be improving. An environment that fosters experimentation, persistent innovation, risk-taking, and continuing growth leads to a healthy school culture which in turn produces a positive place in which to teach and learn. Professional staff should be lifelong learners who develop the habit of inquiry, try new approaches to problem-solving, and understand that some experiments will not work. Alternative assessments to measure the efficacy of professional performance are essential to provide professional staff with the best possible feedback so that they can continuously improve their performance. Feedback loops and constant communication among members of the school community are necessary to help guide all improvement efforts.

With these core values in mind, the purpose of a supervisory system is to provide professional staff with frequent, high quality feedback on their practice. The purpose of an evaluative system is to produce judgments about the performance level and job status of professional staff and whether or not they are performing up to district standards.

In keeping with this philosophy, administrators shall annually solicit written reports from the professional staff with whom the administrators interact in the course of their duties. These reports are for the purpose of providing feedback to the administration. These reports shall be for the benefit of the administrators and shall not become part of any official record.

B. In accordance with state regulations, the principal or the assistant principal designee will serve as the primary evaluator for all staff assigned to a building. This evaluation will be conducted and completed in collaboration with the designated coordinator or department head as indicated on the chart below. Multi-building staff will be evaluated by the principal of the building where they have the majority of their teaching responsibilities.

C. Observation Reports

 1. The observation of the work performance of a staff member will be conducted openly and with full knowledge of the staff member. Frequency of observation should be a function of perceived performance. Observation of unsatisfactory performance should lead to more frequent observations and conferences.

2. Each observation will be followed by a post-conference within 3 school days of the observation. A written observation report will be provided to the staff member within 15 school days after the observation. The professional staff member should sign the observation within 15 days or it will be included in the professional staff member’s file after being signed by an LEA representative. If a staff member is to be observed more than once before a written observation report is prepared, the reason must be recorded in writing on the observation report. The staff member and the evaluator will mutually agree on the date and the number of observations.

3. Classroom observations for the purpose of collecting data for evaluation reports shall be no less than thirty (30) minutes in duration at the elementary level and one full instructional period at the middle schools and the high school. Any exception will be mutually agreed to by the staff member and the evaluator.

4. Individual observations shall not be subject to the grievance procedure except as part of a grievance concerning an evaluation. Evaluation shall be subject to the grievance and arbitration procedures, both procedurally and substantively.

5. The Superintendent, Director of Elementary or Secondary Education, or the Director of Human Resources may visit a staff member's classroom/workplace to assess the observation skills of an evaluator, to investigate a complaint, or for administrative purposes other than evaluation. The Superintendent, Director of Elementary or Secondary Education, or the Director of Human Resources may be visiting staff members' classrooms/workplaces in the course of doing a general review of teaching or they might visit staff members' classrooms/workplaces to follow up after receiving an evaluation report. They will be going into a staff member's classroom/workplace at the specific request of either the staff member or the evaluator, and they will be going into staff members' classrooms/workplaces during the professional status process.

D. Evaluation Reports

1. Normally, evaluation reports will be based on one to three observation reports. The professional staff member being evaluated may choose to receive either the narrative-only evaluation report or the performance standard check-off report. (See Appendix B)

2. Commendations and recommendations relating to Lexington's performance standards (see Appendix A) are considered to be a routine part of an evaluation report. Adverse or negative comments or conclusions can only appear in an evaluation report if they have already appeared in an observation report or have otherwise been documented and placed in the staff member’s personnel file

3. The Superintendent, Director of Elementary or Secondary Education, or the Director of Human Resources can be involved in the evaluation of a staff member.

4. One week prior to the evaluation conference, the evaluator will provide the staff member with a copy of the evaluation report. The staff member's signature on the final evaluation does not necessarily indicate agreement with the final report. Staff members shall have the right to object in writing to anything included therein; this written commentary should be attached to the evaluation report.

5. At the end of a staff member’s evaluation cycle, one final evaluation report will be written. Where designated on the chart of evaluation responsibilities, the principal, assistant principal, coordinator, or department head will collaborate in writing the final evaluation report.

6. A staff member may attach a written reply to any evaluation which shall be in his/her personnel file.

E. Pre-professional Status Staff Members

1. Pre-professional status staff members should be observed at least twice during the school year. The interim observation is to be completed prior to December 15 and the final observation is to be completed prior to May 15. The final evaluation will be written and presented to the non-professional status staff member by May 25.

2. A pre-professional status employee who is not reappointed will receive from the Administration a written statement of reasons for non-reappointment.

F. Professional Status Staff Members

 1. Important dates in the evaluation process of professional-status staff members are as follows:
October 1: Observation cycle can begin. Normally, the entire evaluation process will be completed within four months of the first observation.
May 1: The observation cycle ends.
June 1: Final evaluations are due at the Personnel Office.

2. A comprehensive system of professional growth must give professional staff frequent, high quality feedback on their practice (supervision), and must also produce judgments about their performance level and job status, and most importantly, whether or not they are performing up to district standards (evaluation). Therefore, a four-year cycle of evaluation and supervision has been designed to meet the needs of the professional staff and the school system:

3. Year 1: Comprehensive Evaluation

During this year, the staff member will be evaluated on all district performance standards and according to the principles and practices of evaluation as stated elsewhere in this article. At the end of the evaluation period (no later than May 31), the evaluator(s) will confer with the staff member and discuss the final, written evaluation. The evaluation will include a written summary of commendations and recommendations. (see model forms in Appendix B)

 4. Year 2: Collaborative Year

The purpose of the collaborative year is not only to promote professional growth but also to encourage collaboration and sharing among staff members. Staff members may also collaborate with other professionals. At some time after the comprehensive evaluation has been completed, but prior to October 1 of the collaborative year, the staff member and the evaluator(s) will confer to establish professional growth goal(s) based on the commendations and recommendations made in the comprehensive evaluation. Prior to October 15, the staff member will develop and submit a Professional Growth Plan (see model in Appendix B) which contains the following information:

During the course of the collaborative professional growth activities, the evaluator(s) may make observations and hold conferences. When the activities have been completed, the staff member will confer with the primary evaluator(s) and submit a final written report (see model in Appendix B) by May 31. The Professional Growth Plan and the Final Report will be placed in the staff member’s personnel file.

 In the unlikely event that there is an unresolvable disagreement between the staff member and the evaluator(s) over the Professional Growth Plan, each may select a colleague to participate in the resolution of the disagreement. Should the disagreement still not be resolved, the Director of Curriculum and the LEA President will participate in a final resolution.

5. Year 3: Focused Evaluation

During this year, the staff member will be evaluated on selected district performance standards and according to the principles and practices of evaluation as stated elsewhere in this article. This focus of this evaluation will be determined in a conference between the staff member and the evaluator(s). It should grow out of the goals and outcomes of both the comprehensive evaluation (year 1) and the collaborative year (year 2). At the end of the evaluation period (no later than May 31), the evaluator(s) will confer with the staff member and discuss the final, written evaluation. The evaluation will include a written summary of commendations and recommendations (see model forms in Appendix B).

 6. Year 4: Individual Study

This is a year in which the staff member may select a professional growth activity. The staff member will confer with the evaluator(s) and develop a Professional Growth Plan by October 15 with all of the information as listed in Year 2 with one exception: the plan may or may not include other staff member participants. The goal(s) of the plan do not have to be linked to previous evaluations, but the activity must be substantial and should contribute to one’s professional knowledge or skill. At the end of the year, the staff member will submit a final report on or before May 31 and confer with his/her evaluator(s). The Professional Growth Plan and the Final Report will be placed in the staff member’s personnel file.

7. Student Feedback

Teachers of grades 6-12 will annually solicit feedback from students in all their classes. However, those special area teachers who teach a large percentage of the student body will solicit feedback from a number of students comparable to a core subject area teacher at their school. This should occur sometime after the midpoint of the course, leaving sufficient time to allow for consultation with the peer reviewer and evaluator(s)/supervisor(s). The purpose of this feedback is to gather information that students are in a position to know which can then be used by the staff member for self-assessment and professional growth. The instrument(s) used to obtain this feedback will be created by an individual teacher or a team of teachers subject to the review of the evaluator(s)/supervisor(s) or their designees. The instruments should seek feedback in the following areas: curriculum, teaching methods, classroom management, assessment and grading, homework, classroom climate, and the teacher/student relationship.

Student-completed feedback forms are the sole property of the teacher who issued them. However, the forms are to be shared with at least one of the teacher’s peers in a collaborative effort to analyze the findings. The peer reviewer will hold all data and findings in confidence. The issuing teacher will discuss the findings with his/her supervisor(s)/evaluator(s)and, whenever appropriate, should use the data in goal setting activities for the coming year.

8. Termination of a Professional Growth Plan

If the evaluator(s) personally observes performance of a staff member participating in the Collaborative Year or the Independent Study Year that is adversely affecting the delivery of educational services, the evaluator may call for a conference with the staff member. The intent of the conference will be to address the performance issue and allow the Collaborative Year or the Independent Study Year to continue. If the issue is not resolved, the evaluator may begin a comprehensive or focused evaluation year after written notification detailing the reasons for this decision has been given to the staff member. This written notification will be placed in the Central Office personnel file.

G. Extra-Duty Stipend Accountability System

An Annual Report must be submitted by the recipient of any stipend listed on the Extra Duty Stipend page of the LEA/LSC Contract. This Annual Report must:
1. Be submitted to the principal within 2 weeks after the conclusion of the stipended activity. The principal will forward the Annual Report to the Director of Human Resources within 2 weeks of receipt. An annual summary of these Annual Reports will be presented to the Superintendent by the Director of Human Resources by August 1.
2. Include the Stipend Data Sheet (see Appendix B).
3. Include a one-page self-assessment, which references the data obtained from the required, written student feedback forms.
Failure to seek student feedback or to complete the Annual Report makes the stipend recipient ineligible for that activity in the following year.

H. Tier Two Regulations (Professional Status)

1. Normally, a staff member is placed on tier two if there are observed and documented deficiencies in more than one performance standard on the instrument; however, in unusual circumstances, which the evaluator(s) would need to define and defend, a staff member might be placed on tier two on the basis of a severe deficiency in a single category. Placement on tier two presumes that unless the reason for placement is satisfactorily remediated, recommendation for dismissal would be the result.

2. At the end of the second year on tier two, the staff member may be restored to tier one or shall be dismissed. In the second year of tier two, the staff member's increment and/or negotiated salary increase may be withheld. Any staff member restored to tier one shall be placed on the appropriate step as if he/she had never been on tier two.

3. Tier two can only begin only in September of the following school year and will last no longer than two school years. No employee shall be dismissed after one year on tier two unless that employee has received a tier two warning letter on or before December 15. Placement on tier two can only be based upon an evaluation report which includes at least three observations.

The notification of possible placement on tier two can occur at any time and must be based on an evaluator's personal observations of staff member performance. The evaluator(s) must document the observations and review them with the staff member before the issuance of a notification letter. The primary evaluator shall not notify any staff member of possible placement on tier two unless there have first been at least three observations, which the evaluator(s) will have documented and reviewed with the employee.

4. Staff members who have been notified of potential placement on tier two may employ a range of activities or services in the school system including, but not limited to the following: peer consultation, peer observation, use of curriculum support personnel. The activities will not be part of the evaluation record.

5. If a professional status staff member is notified that he/she will be placed on tier two, during the period between the notification (example, May 1) and the placement, (example, September 1) there will be no additional evaluator(s), but Coordinators, Department Heads, Department Chairs, Assistant Principals, etc., can provide support and consultation. Once a staff member is on tier two, if there is a subject related problem, the appropriate curriculum administrator(s) must be involved as a supplementary evaluator(s). Any evaluation conclusion reached by a supplementary evaluator shall be based on observation reports.

6. Within ten school days of the tier two warning or notice placing a staff member on tier two, the staff member and all evaluators shall meet to discuss an improvement plan which shall include: an identification of the aspects of performance which are in need of improvement; the evaluators' specific expectations; the indicators of satisfactory improvement; how the evaluators will assist the staff member, where applicable, in meeting these expectations; the time which will be allowed for improvement; and, the date by which another evaluation report will be completed.

The follow-up evaluation will be completed within two to four months, unless both the staff member and the evaluator(s) agree to a change in this time frame. The LEA President (or his/her designee) and the Superintendent (or his/her designee) will have to agree to this change.

If the improvement plan does not identify one or more evaluators, or does not describe the role of any evaluator, the improvement plan shall be amended to identify any such evaluator(s) and to describe such evaluator's role in the improvement plan. This will occur within ten (10) school days from the date of the improvement plan. The staff member shall be given a copy of each amendment. The staff member and all evaluators named in the improvement plan shall meet to discuss the amendment within ten (10) school days of incorporation of the amendment to the plan. Any subsequent amendments must be agreed to by the primary evaluator, the staff member, the Superintendent (or his/her designee) and the LEA President (or his/her designee).

An administrator from the Central Office may be an evaluator and shall be governed by the provisions relating to supplementary evaluators and their evaluations. The staff member may request a particular evaluator from the Central Office.

Before any evaluator performs any formal observation for the purpose of preparing a follow-up evaluation, pursuant to the improvement plan, he/she shall hold a pre-observation conference with the staff member. There will be a post-observation conference following the observation.

7. The primary evaluator will prepare a draft of the improvement plan and circulate copies to the staff member and all involved evaluators. Each will sign and return the tier two improvement plan within five (5) school days to the primary evaluator. Any involved person can append suggestions or recommendations. The primary evaluator may or may not incorporate written suggestions in the final plan.

8. Copies of the final improvement plan and any subsequent amendments will be hand-delivered by the primary evaluator (or his/her designee) to the Superintendent and the President of the LEA each of whom will have five (5) school days in which to raise an objection to the plan and notify all of the other parties in writing of his/her concern(s).

The Superintendent (or his/her designee) shall respond in writing to any written objections of the LEA President (or his/her designee). The LEA President (or his/her designee) shall respond in writing to any written objections of the Superintendent (or his/her designee). Responses to objections shall be made within five (5) school days of their receipt.

The parties shall meet within seven (7) school days of the receipt of objections to resolve said objections. In the event that the parties cannot agree within five (5) school days, they shall meet with a mediator, chosen by mutual agreement, to resolve any outstanding issues. If, after an additional meeting with a mediator, they are unable to resolve any outstanding disagreements, the mediator shall resolve the disagreements. The decision of the mediator is not grievable.

9. If a tier two warning plan is successfully completed as evidenced by the subsequent evaluation, the staff member shall not be placed on tier two.

10. Placement on tier two is grievable. There will be an expedited grievance procedure with only one level of management review, that is the Superintendent's level. The immediate step thereafter is arbitration.