H-0910.1 _______________________________________________
HOUSE BILL 1385
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Johnson, B. Thomas, Talcott, Sump and Hickel
Read first time 01/23/97. Referred to Committee on Education.
AN ACT Relating to the probationary period for certificated educational employees; amending RCW 28A.405.100; creating a new section; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28A.405.100 and 1994 c 115 s 1 are each amended to read as follows:
(1) The superintendent of public instruction shall establish and may amend from time to time minimum criteria for the evaluation of the professional performance capabilities and development of certificated classroom teachers and certificated support personnel. For classroom teachers the criteria shall be developed in the following categories: Instructional skill; classroom management, professional preparation and scholarship; effort toward improvement when needed; the handling of student discipline and attendant problems; and interest in teaching pupils and knowledge of subject matter.
Every board of directors shall, in accordance with procedure provided in RCW 41.59.010 through 41.59.170, 41.59.910 and 41.59.920, establish evaluative criteria and procedures for all certificated classroom teachers and certificated support personnel. The evaluative criteria must contain as a minimum the criteria established by the superintendent of public instruction pursuant to this section and must be prepared within six months following adoption of the superintendent of public instruction's minimum criteria. The district must certify to the superintendent of public instruction that evaluative criteria have been so prepared by the district.
Except as provided in subsection (5) of this section, it shall be the responsibility of a principal or his or her designee to evaluate all certificated personnel in his or her school. During each school year all classroom teachers and certificated support personnel, hereinafter referred to as "employees" in this section, shall be observed for the purposes of evaluation at least twice in the performance of their assigned duties. Total observation time for each employee for each school year shall be not less than sixty minutes. Following each observation, or series of observations, the principal or other evaluator shall promptly document the results of the observation in writing, and shall provide the employee with a copy thereof within three days after such report is prepared. New employees shall be observed at least once for a total observation time of thirty minutes during the first ninety calendar days of their employment period.
Every
employee whose work is judged unsatisfactory based on district evaluation
criteria shall be notified in writing of stated specific areas of deficiencies
along with a suggested specific and reasonable program for improvement ((on
or before February 1st of each year)) at any time after October 15th.
A probationary period of sixty school days shall thereby be
established ((beginning on or before February 1st and ending no later than
May 1st)). The establishment of a probationary period does not
adversely affect the contract status of an employee within the meaning of RCW
28A.405.300. The purpose of the probationary period is to give the
employee opportunity to demonstrate improvements in his or her areas of
deficiency. The establishment of the probationary period and the giving of the
notice to the employee of deficiency shall be by the school district
superintendent and need not be submitted to the board of directors for
approval. During the probationary period the evaluator shall meet with the
employee at least twice monthly to supervise and make a written evaluation of
the progress, if any, made by the employee. The evaluator may authorize one
additional certificated employee to evaluate the probationer and to aid the
employee in improving his or her areas of deficiency; such additional
certificated employee shall be immune from any civil liability that might
otherwise be incurred or imposed with regard to the good faith performance of
such evaluation. The probationer may be removed from probation if he or she
has demonstrated improvement to the satisfaction of the principal in those
areas specifically detailed in his or her initial notice of deficiency and
subsequently detailed in his or her improvement program. Lack of necessary
improvement ((shall be)) during the established probationary period,
as specifically documented in writing with notification to the probationer
((and)) shall constitute grounds for a finding of probable cause under
RCW 28A.405.300 or 28A.405.210.
((The
establishment of a probationary period shall not be deemed to adversely affect
the contract status of an employee within the meaning of RCW 28A.405.300.))
Immediately following the completion of the probationary period that does not produce the performance changes detailed in the initial notice of deficiencies and improvement program, the employee may be removed from his or her assignment and placed into an alternative assignment for the remainder of the school year. This reassignment may not displace another employee nor may it adversely affect the probationary employee's compensation or benefits for the remainder of the employee's contract year. If such a reassignment is not possible, the district may, at its option, place the employee on paid leave for the balance of the contract term.
(2) Every board of directors shall establish evaluative criteria and procedures for all superintendents, principals, and other administrators. It shall be the responsibility of the district superintendent or his or her designee to evaluate all administrators. Such evaluation shall be based on the administrative position job description. Such criteria, when applicable, shall include at least the following categories: Knowledge of, experience in, and training in recognizing good professional performance, capabilities and development; school administration and management; school finance; professional preparation and scholarship; effort toward improvement when needed; interest in pupils, employees, patrons and subjects taught in school; leadership; and ability and performance of evaluation of school personnel.
(3) Each certificated employee shall have the opportunity for confidential conferences with his or her immediate supervisor on no less than two occasions in each school year. Such confidential conference shall have as its sole purpose the aiding of the administrator in his or her assessment of the employee's professional performance.
(4) The failure of any evaluator to evaluate or supervise or cause the evaluation or supervision of certificated employees or administrators in accordance with this section, as now or hereafter amended, when it is his or her specific assigned or delegated responsibility to do so, shall be sufficient cause for the nonrenewal of any such evaluator's contract under RCW 28A.405.210, or the discharge of such evaluator under RCW 28A.405.300.
(5) After an employee has four years of satisfactory evaluations under subsection (1) of this section, a school district may use a short form of evaluation, a locally bargained evaluation emphasizing professional growth, an evaluation under subsection (1) of this section, or any combination thereof. The short form of evaluation shall include either a thirty minute observation during the school year with a written summary or a final annual written evaluation based on the criteria in subsection (1) of this section and based on at least two observation periods during the school year totaling at least sixty minutes without a written summary of such observations being prepared. However, the evaluation process set forth in subsection (1) of this section shall be followed at least once every three years unless this time is extended by a local school district under the bargaining process set forth in chapter 41.59 RCW. The employee or evaluator may require that the evaluation process set forth in subsection (1) of this section be conducted in any given school year. No evaluation other than the evaluation authorized under subsection (1) of this section may be used as a basis for determining that an employee's work is unsatisfactory under subsection (1) of this section or as probable cause for the nonrenewal of an employee's contract under RCW 28A.405.210 unless an evaluation process developed under chapter 41.59 RCW determines otherwise.
NEW SECTION. Sec. 2. (1) The superintendent of public instruction shall conduct a study in consultation with local school directors, administrators, parents, students, certificated instructional personnel, and deans of schools of education regarding the evaluation of certificated classroom teachers and recommendations for changes in the evaluation procedures for certificated teachers and certificated support personnel consistent with the changes in instructional certificated staff preparation programs and higher standards for students. The study shall include recommendations for changes based upon subjects including but not limited to:
(a) A review of the evaluation criteria and standards for performance for certificated staff; and
(b) A review of the use and effectiveness of the probationary process related to certificated staff.
(2) A report shall be made to the appropriate committees of the legislature not later than November 15, 1999.
(3) This section expires December 31, 1999.
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