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.