Half Hollow Hills Central School District525 Half Hollow Road, Dix Hills, New York, 11746

Annual Professional Performance Review Plan (APPR)

I. STATEMENT OF PURPOSEThe goal of the teacher evaluation system is to promote student learning and improve teaching and professional practice. The APPR Plan encourages professional growth and development through a process based on best practices and alignment with the New York State’s Teaching Standards. It assures a common language, and common expectations among teachers and evaluators. It is intentionally linked with the district’s Professional Development Plan to ensure teacher-driven professional development and support. In using evaluation to support teacher growth and student learning, it has implications for how the school system is structured and organized in the areas of policies and procedures, data systems, and time and job responsibilities.

The following principles will govern the APPR process: It is every teacher’s responsibility to continue to grow professionally. It is the district’s responsibility to provide the resources and support for teachers to improve

instruction and professional practice. It is the district’s responsibility to engage in practices that promote equity in conditions that affect

teaching and learning. The overarching goal of the evaluation process is that teachers and evaluators examine the evidence

obtained by multiple measures of teaching practice and student achievement to plan for meaningful professional learning and improvement of instruction.

Evaluations will be conducted openly and objectively with the full involvement of the teacher.

Nothing in the APPR Plan will be construed to abrogate any provisions of the collective bargaining agreement between the Half Hollow Hills Central School District (“District”) and the Half Hollow Hills Teachers’ Association (“Association”).

A. The Committee The Half Hollow Hills Central School District and Teachers’ Association will maintain a joint labor-management APPR Committee (“Committee”). This Committee shall include a combination of teachers and administrators appointed by their respective associations and will be responsible for reviewing the policies and procedures related to the APPR. The APPR committee shall have the power to establish sub-committees when necessary to represent disciplines and academic levels. Sub-committees shall report their recommendations to the APPR Committee. It is understood and agreed that the APPR will continue in effect until such time as there is mutual agreement on any change. Either party may request that the joint committee review specific aspects of the APPR. Any changes to the evaluation procedures of teachers recommended by the APPR Committee shall be submitted to both the District and the Association. Any necessary revisions based on the APPR committee’s recommendations or by any other means shall be accomplished through collective bargaining and only be effective upon mutual written agreement of the Association and the District.

II. PLAN REQUIREMENTS

Under Education Law §3012-c, each classroom teacher must receive an APPR resulting in a single

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composite effectiveness score and a rating of “highly effective,” “effective,” “developing,” or “ineffective.” The composite score will be determined as follows:

20 percent student growth on state assessments or a comparable measure of student growth (25 percent upon implementation of a value-added growth model). For those assessments that do not use a value-added model, the student growth portion will remain at 20 percent.

20 percent other locally selected measures of student achievement that are determined to be rigorous and comparable across classrooms (15 percent following implementation of a value-added model), which are to be developed locally through collective bargaining. For those assessments that do not use a value-added model, the student growth portion will remain at 20 percent.

60 percent based on multiple measures of effective teaching practice aligned with the state’s teaching standards. The measures are to be established locally through collective bargaining.

The intent of the evaluation system is to foster a culture of continued growth for professionals.

The APPR is required to be a significant factor in employment decisions including but not limited to retention, tenure determination, termination, and professional development. Each decision is to be made in accordance with the collective bargaining agreement.

Should the APPR Plan be rejected by the Commissioner of State Education for any deficiencies, each such deficiency shall be resolved through collective bargaining and when concluded, the APPR Plan resubmitted. The APPR Plan adopted by the District’s Board of Education shall be subject to review of the District and the Association on an annual basis. Any necessary revisions shall be accomplished through collective bargaining.

III. COLLECTION AND REPORTING OF TEACHER AND STUDENT DATA

A. Growth Measures The District shall ensure that the State Education Department (the "SED") receives accurate teacher and student data, including enrollment and attendance data and any other student, teacher, school, course and teacher/student linkage data necessary to comply with the Regulations of the Board of Regents by providing such data in a format and timeline prescribed by the Commissioner. The process shall also provide an opportunity for every classroom teacher and building principal to verify the subjects and/or student rosters assigned to them prior to using student growth and/or achievement data in an APPR. Any classroom teacher who believes that the list is incorrect and/or inconsistent with the standards established by the Commissioner’s regulations for making teacher-of-record determinations shall be entitled to seek review of this determination.

B. Data Verification Beginning of School Year

Verification of the student roster shall occur no later than the last day of the third week of the school year. The roster shall close one day prior to “BEDS” day.

Throughout the School Year Verification of subjects and/or student rosters shall take place no later than the last day of the

third week of each marking period.

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Verification of subjects and/or student rosters shall take place throughout the year for new student entrants.

In addition, teachers will also be notified, of all subsequent changes made by the State Education Department, as soon as practicable.

Teachers shall receive confirmation from the District of any corrections or changes.

Based on State Assessment Dates District shall notify teachers of all student verification procedures and timelines.

C. Teacher of Record Review

Each classroom teacher shall be given a list of all students for whom s/he is the teacher of record. Any classroom teacher who believes that the list is incorrect and/or inconsistent with the standards established by the Commissioner’s regulations for making teacher-of-record determinations shall be entitled to seek review of this determination by the Superintendent or designee and HHHTA President. The District and the Association shall collaboratively develop a verification procedure to ensure that all teacher of record determinations have been made accurately and in a manner consistent with the standards established by the Commissioner’s regulations prior to using student growth and/or achievement in an APPR.

D. Verification for Locally Selected Measures For the purpose of evaluating teachers’ effectiveness through the use of the locally selected measures of student achievement and/or student learning objectives there will be a minimum 80 percent attendance requirement for each student calculated during the period of measurement. In-School Suspension, Out-of-school suspensions, home-teaching, etc. shall not count towards the attendance of the course when calculating the weighting of the student in the course. Students who are not enrolled in a course at the time of administration for any assessments associated with a teacher’s APPR shall not be included in that teacher’s measure. In addition, the District and the Association shall, through joint committee, establish guidelines for the equitable measurement of teachers within the system, including but not limited to those identified in Section D7, Table 1 of the NYSED APPR Guidance Document updated June 1, 2012.

The District and Association will agree on a verification process for student attendance for the locally-selected measures and student learning objectives. Attendance will be tracked in accordance with procedures developed by the District and the Association.

Additional Readjustment of established Targets for Student Growth or Achievement

During the course of the school year, teachers are also entitled to request a change to the established Targets for Student Growth or Achievement based on extenuating circumstances (e.g. student mobility, large number of students with IEPs, large number of students who are ELL, large number of AIS, etc). This consideration shall be at the discretion of the Superintendent, but shall not be unreasonably denied. The decision shall be made prior to the computation of this sub-component score. The evaluator may weigh individual student’s scores or add points to the teacher’s total score for the local assessment portion of their APPR. Upon the request of either party, the teacher and evaluator shall meet to discuss extenuating circumstances. Documentation of such circumstances will be maintained by the teacher and evaluator.

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E. Reporting to SED The District shall adhere strictly to the requirements for reporting sub-component and composite scores to the New York State Department of Education established by regulations. A unique identifier will be used, and the names of individual teachers will not be provided. Upon the request of a parent or legal guardian, the District shall disclose the final quality rating and composite effectiveness score for each of the teachers to which the student is assigned after making reasonable efforts to verify that such request is a bona fide request by a parent or guardian who is entitled to review and receive such information under the law. Except as provided above for parent and legal guardians, the APPRs of individual teachers shall not be subject to disclosure pursuant to the Freedom of Information Law. No public release of APPR information by the District shall include any personally identifying information for a teacher.

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IV. INTERNAL ASSESSMENT AND CURRICULUM DEVELOPMENT

The success of an evaluation system is directly related to how clearly it is linked to other critical work in a district. Locally-developed and teacher-created assessments of student achievement provide opportunities for professional development and building local capacity. The development of curriculum and assessment tools is and should continue to be the work of teachers in the District. In implementing the transition to the Common Core State Standards and the APPR evaluation system, the District will support teacher-led efforts to write both curriculum and assessments internally. Local teachers will be given the opportunity to develop curriculum or assessments before contracting third-party providers to perform the work. Evaluation and rubric tools shall be developed jointly by the District and the Association. The measures of student achievement shall be determined by teachers of each grade level and subject area. Time shall be provided during regularly scheduled department and/or building meetings to periodically review locally selected measures for validity, appropriateness and reliability. Any changes in the nature of the assessment shall be made upon the approval of the affected department and the Teachers’ Association.

A. Procedures for Development, Administration and Scoring of Local Assessments The following practices shall apply to both assessments and pre-assessments that are locally developed. District-developed assessments shall be written jointly by teachers and directors/coordinators. Assessments shall be created from a bank of objective questions submitted, classified, and approved by teachers according to the following guidelines:

Level I – Basic Proficiency (55-65%) Level II – Proficiency (20-30%) Level III – Mastery (10-15%)

District-developed assessments written for Self-Contained classes shall be constructed according to the following guidelines:

Level I – Basic Proficiency (65-75%) Level II – Proficiency (25-35%) Level III – Mastery (5-10%)

Before being administered, district-developed assessments will be reviewed by a committee including the director/coordinator, assistant principal, and a department teacher who does not have a vested interest in the outcome of that assessment.

District-developed assessments will be objectively scored using Lexmark or comparable scanners whenever possible. Using any data available to the District and through the scoring of pre-assessments, where applicable, teachers shall establish performance goals for locally selected measures. These, along with targets established for Growth Measures, shall be established at a regularly scheduled department meeting as soon as practicable after administering pre-assessments or gathering other baseline data, as necessary.

B. Procedures for Developing Assessments Through Consortium Assessments developed through consortium shall follow all of the guidelines outlined for locally developed assessments, with the following amendments:

All questions being entered into the consortium bank from which a local assessment may be developed must be approved by departmental teachers for the content and classification of rigor.

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Where consortiums are used to generate a bank of questions through collaboration with a network of teachers and administrators, assessments whose outcomes are tied to a teacher’s APPR evaluation shall continue to be locally constructed from that bank.

V. STUDENT GROWTH MEASURES

For classroom teachers of grades 4-8 ELA and math, state assessments will be used for the growth component. For teachers of subjects where there is no state-provided measure of student growth on state assessments, SED has determined that these teachers will have a growth measure based on Student Learning Objectives (SLO). SLOs, by definition, require an understanding of local needs and objectives. Because of this, SLOs will need to be developed collaboratively between administrators and an individual teacher, or groups of teachers. A form has been included in the Appendix to assist teachers in the development of individual SLOs.

It is anticipated that SED will score and report the state-provided growth measure (or value-added measure after the VAM system is approved by the Regents.) no later than September 1 st, following the year the teacher is evaluated. Teachers will not be penalized in any way because of such data not being received in a timely manner, which results in an incomplete rating.

Student Learning Objectives shall be established through collaboration among teachers and administration. After establishing the framework for each Student Learning Objective, pre-assessments, where applicable, shall be constructed according to the Internal Assessment guidelines established above and administered within the first 1-3 weeks of a course’s start date. Upon administering the pre-assessment and gauging student ability, teachers will establish targets for their SLOs that are appropriate for their class compositions at a department meeting following the administration of the pre-assessment.

It is the District’s policy that diagnostic data obtained from pre-assessments administered for the purposes of APPR shall not be made available to students or parents, nor shall it be incorporated into a student’s grade for a course. The District shall create appropriate fields in its gradebook database for teachers to store the data confidentially.

VI. MEASURES OF TEACHER EFFECTIVENESS BASED ON THE NYS TEACHING STANDARDS

Critical to this subcomponent is the selection of the rubric that will be used to collect evidence of teacher effectiveness. Charlotte Danielson’s 2011 Framework for Teaching Rubric has been selected from the list of state-approved rubrics. This component of a teacher’s performance review shall be scored according to the following principles. All forms associated with the evaluation of teachers according to these measures of teacher effectiveness are attached in the appendices and are subject to review only through collaboration between the District and the Association.

Domain 1 Planning and Preparation 15 PointsDomain 2 The Classroom Environment 15 Points Domain 3 Instruction 20 PointsDomain 4 Professional Responsibilities 10 Points

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In accordance with education law §3012-c, the District and the Association have agreed upon the following scoring belt for evaluating teacher effectiveness based on the NYS Teaching Standards:

Highly Effective 58-60Effective 48-57Developing 40-47Ineffective 0-39

Domain-1 Planning & Preparation (15-Points) PointsHighly Effective Effective Developing

Ineffective

1aDemonstrating Knowledge of Content & Pedagogy 3 3 2.75 2 0

1bDemonstrating Knowledge of Students 3 3 2.75 2 0

1c Setting Instructional Objectives 3 3 2.75 2 0

1dDemonstrating Knowledge of Resources 2 2 1.75 1 0

1e Designing Coherent Instruction 2 2 1.75 1 0

1f Designing Student Assessments 2 2 1.75 1 0

Domain-2The Classroom Environment (15-Points)          

2aCreating an Environment of Respect & Rapport 3 3 2.75 2 0

2b Establishing a Culture for Learning 3 3 2.75 2 0

2c Managing Classroom Procedures 3 3 2.75 2 0

2d Managing Student Behavior 3 3 2.75 2 0

2e Organizing Physical Space 3 3 2.75 2 0

Domain-3 Instruction (20-Points)          

3a Communicating with Students 4 4 3.75 3 0

3bUsing Questioning & Discussion Techniques 4 4 3.75 3 0

3c Engaging Students in Learning 4 4 3.75 3 0

3d Using Assessment in Instruction 4 4 3.75 3 0

3eDemonstrating Flexibility & Responsiveness 4 4 3.75 3 0

Domain-4Professional Responsibilities (10-Points)          

4a Reflecting on Teaching 2 2 1.75 1 0

4b Maintaining Accurate Records 1.5 1.5 1.25 1 0

4c Communicating with Families 1.5 1.5 1.25 1 0

4dParticipating in a Professional Community 1.5 1.5 1.25 1 0

4eGrowing & Developing Professionally 1.5 1.5 1.25 1 0

4f Showing Professionalism 2 2 1.75 1 0

Total Points 60 60 54.5 40 0

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Domain 1 – Planning and PreparationTeachers will receive their score for Domain 1 based on a formal lesson plan submitted for an observation. In addition, each teacher shall submit one additional artifact of his or her choice to demonstrate proficiency in planning and preparation. Acceptable artifacts include an assessment, an additional lesson plan, or a unit plan. Artifacts developed in collaboration with other teachers within a department may be submitted to fulfill this requirement.

Domains 2 and 3 – The Classroom Environment and InstructionTeachers will receive their score for Domains 2 and 3 based on a combination of formal and informal observations. These observations shall be conducted openly and with full knowledge of the teacher. There will be a tentative observation schedule provided to teachers at the beginning of the school year. The schedule will take into account unannounced observations within a general time period. No observations, including unannounced, will be conducted one day prior to or following a vacation day, during the first or last weeks of school, or during an applicable assessment window.

Where observations demonstrate a need for improvement, teachers retain the right to request and be honored in an additional observation for the purposes of demonstrating professional growth. If an observation, either formal or informal, identifies particular needs for a teacher clear and constructive feedback shall be provided to address the teacher’s needs prior to the next observation. No new observations, either formal or informal, shall be conducted before feedback is received from any prior observation.

Non-Tenured Teachers shall be formally observed three times and informally observed twice each year, according to the protocol for observations outlined below.

Tenured Teachers shall be formally observed once and informally observed once each year, according to the protocol for observations outlined below.

Formal Observations: Teachers shall be given a minimum of two weeks’ (10 school days) notice for any formal observations conducted. In an effort to promote growth in instruction, pre-observation discussions shall be conducted no less than 48 hours prior to a formal observation, which allows teachers time to adjust lessons based on the guidance of the observing administrator. In the event that an administrator who has already attended a pre-observation conference is unable to attend the formal observation, the affected teacher shall have input in the rescheduling of the observation.

Post-observation conferences shall take place within five school days of the observation, and shall be conducted for the purposes of enhancing professional practice in accordance with the principles established in Danielson’s work. Administrators conducting post-observation conferences for formal observations shall use the agreed upon rubrics for Domains 2 and 3 to guide a professional discussion on what was observable during the lesson in discussion. They should avoid judgmental language, and consider highlighted rubrics as dynamic, and subject to change through the process of discussing the observed lesson. No teacher shall be asked to sign a rubric without having first an opportunity to discuss its contents. Written reports of a formal observation and post-observation discussion shall be completed and a copy given to the teacher within ten school days of the post-observation conference. Teachers shall have the right to record any responses they wish on the observation form before that form is submitted to Central Administration or placed in their personnel file.

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Informal Observations: Informal observations shall be 5-15 minutes in length and whenever possible shall be conducted by an administrator other than the one conducting the formal observation for that year. Teachers will be provided with a post-observation acknowledgement form, agreed upon between the District and the Association, to sign, and will have the opportunity to include additional comments or rebuttal.

Domain 4 – Professional ResponsibilitiesTeachers will receive their score for Domain 4 based on a written reflection submitted at the end of the school year. Any changes made in the forms or processes associated with the reflection shall be agreed upon by the District and the Association. Non-participation in a voluntary activity shall not be a valid consideration when evaluating a teacher.

A) Formative Evaluation - January Administration shall meet with probationary teachers and teachers on a (TIP) teacher improvement plan no later than February 1 to provide meaningful and constructive feedback, identifying areas of progress and of continued challenge. Formative meetings that identify continued areas of weakness shall also provide practical suggestions and identify professional development opportunities aimed at improving teacher performance in those areas.

B) Summative Evaluation - May/June The summative evaluation includes the teacher’s annual rating of effectiveness and the rationale supporting the rating. Areas of strength and areas in need of improvement should be identified and specific recommendations made to improve effectiveness. The summative evaluation will include all of the evidence of effective teaching practice and the measures of student achievement.

VII. COMPOSITE SCORE

The District and Association shall annually evaluate the rating system utilized in the APPR. At the beginning of the each school year, teachers will be informed of the rating procedures and what is required for a rating of “highly effective,” “effective,” “developing,” and “ineffective” for the 20 percent locally-selected measures and the 60 percent other measures of teacher effectiveness.

The state-provided 20-25 percent growth measure, or comparable measure, subcomponent shall be formulated by the state.

The complete APPR shall be provided to the teacher as soon as practicable but no later than September 1 of the school year following the year of the evaluation. The teacher’s rating and score on the 60 percent other measures of teacher effectiveness shall be computed and provided to the teacher, in writing, no later than the last day of the school year for which the teacher is being evaluated. The teacher’s rating and score on the 20 percent of locally selected measures shall also be computed and provided to the teacher in writing prior to the end of the school year whenever possible. The purpose of this notification is to give teachers sufficient time to assess their practice and plan accordingly, including seeking professional development and other supports during the summer.

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A) Consistency AssuranceThe District and the Association are committed to promoting equity, accountability and participation among all stakeholders in the evaluation system. To uphold these principles, the following policies and practices will be utilized: The District and the Association agree to reconvene the APPR Committee at the end of the first year

under the new law for the purposes of checking and improving consistency and manageability of the system. No teacher shall have his or her composite score for the 2012-2013 school year used towards an expedited 3020-a hearing.

The District will meet with the Association and/or APPR Committee upon the completion of each year to verify consistency in evaluation data. Barring an acceptable deviation of approximately five percent, patterns in either composite or subcomponent scores that widely separate one department, school or evaluator from another should be immediately addressed. Remediation of such anomalies may include reevaluating how scores are derived from assessment data and/or retraining evaluators to ensure inter-rater reliability in evaluating teachers according to the four domains established in the Framework for Teaching.

At the end of each year, the District shall furnish the Association with an electronic report of teacher evaluation data that includes performance data for each subcomponent and domain, building and department classification and an identification of both the lead evaluator and observing administrator.

The District shall institute scheduling practices aimed at improving equity across classes. These practices include the following:

o Classes of similar levels being taught by multiple teachers will be objectively populated to ensure heterogeneous, equitable distribution of student population, according to the principles established by the State Education Department, section D7, table 1 of the APPR Guidance Document released June 2012.

o In an effort to achieve the aforementioned class equity, a committee of Association members, Central Office, and Building Administration will convene during the 2012-2013 school year to examine the issue.

o In the event that a review of Teacher-of-Record assignments reveals inequity in class population, the District and the Association shall meet to address the disparity as soon as possible.

B) Teacher Improvement Plans (TIP)

Upon receiving a rating of “developing” or “ineffective”, a teacher shall be provided with a TIP. The TIP shall be provided as soon as practicable, but in no case later than ten (10) school days after the opening of classes for the school year. The Parties understand and agree that the sole and exclusive purpose of a TIP is the improvement of teaching practice and that the issuance of a TIP is not a disciplinary action. The TIP shall be developed in consultation with the teacher, and Association representation shall be afforded at the teacher’s request. The teacher shall be advised of his/her right to such representation. The Association president shall be timely informed whenever a teacher is placed on a TIP and, with the agreement of the teacher, shall be provided with a copy of the TIP.

A TIP shall clearly specify: (i) the area(s) in need of improvement; (ii) the performance goals, expectations, benchmarks, standards and timelines the teacher must meet in order to achieve an effective rating; (iii) how improvement will be measured and monitored, and provide for periodic reviews of progress; and (iv) the appropriate differentiated professional development opportunities, materials, resources and supports the District will make available to assist the teacher including, where appropriate,

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the assignment of a mentor teacher. The plan for improvement derived from this consultation between the teacher and principal may include peer coaching, classroom visitations, training conferences, coursework, selected reading, and supervisory conferences.

After the TIP is in place, the teacher, administrator, mentor (if one has been assigned) and an Association representative shall meet, according to the schedule identified in the TIP, to assess the effectiveness and appropriateness of the TIP, for the purpose of assisting the teacher to achieve the goals set forth in the TIP. Based on the outcome of such assessment(s), the TIP shall be modified accordingly.

A teacher who believes that the terms of a TIP are arbitrary, unreasonable, inappropriate or defective, or that the District has failed to meet its obligation to properly implement the terms of a TIP, may seek relief through the APPR appeals procedure.

All costs associated with the implementation of a TIP including, but not limited to, tuition, fees, books and travel, shall be borne by the District in their entirety. No disciplinary action predicated upon ineffective performance shall be taken by the District against a teacher until a TIP has been fully implemented and its effectiveness in improving the teacher’s performance has been evaluated. No disciplinary action shall be taken by the District against a teacher predicated on an ineffective rating who has met the performance expectations set by a TIP.

C) Termination and Tenure Determinations of Probationary Teachers

The APPR is to be a significant factor for termination and tenure determinations of probationary teachers. In the event that an evaluator is concerned with the competence of a probationary teacher, it is agreed that the teacher will be invited to a conference with the evaluator, appropriate administrator (if different from the evaluator), and the Association President or his/her designee as early in the school year as reasonable. The conference will result in an intervention and TIP being developed.

A probationary teacher, who is disciplined, dismissed, not renewed, or denied tenure, based in whole or in part upon classroom performance or any other factor measured by the APPR, shall have the right to appeal such action through the APPR Appeals procedure. Nothing herein relieves the District of its obligations under New York State Education Law Sections 3012(2) and 3031.

All determinations and notifications of tenure and employment decisions shall be issued according to the guidelines established in the collective bargaining agreement between the Half Hollow Hills Board of Education and Half Hollow Teachers’ Association.

VIII. TRAINING FOR EVALUATORS AND STAFF

Any administrator, supervisor or peer reviewer, if applicable, who evaluates teachers for the purpose of determining an APPR rating shall be fully trained and/or certified as required by Education Law §3012-c and the Regulations of the Commissioner of State Education prior to conducting any teacher observation or evaluation. Any rating that is determined in whole or in part by an administrator, supervisor, or peer reviewer who is not fully trained and/or certified to conduct such evaluations shall, upon appeal by the subject of the evaluation or APPR rating, be deemed to be invalid, expunged from the teacher’s record and shall be inadmissible as evidence in any subsequent disciplinary proceeding. The invalidation of an evaluation or APPR rating for this reason shall also preclude its use in any and all other employment decisions.

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The association shall be furnished with a list of all administrators and supervisors who have been trained including the date and amount of time each have received training.

All professional staff subject to the district’s APPR will be provided with an orientation and/or training on the evaluation system that will include: a review of the content and use of the evaluation system, the NYS Teaching Standards, the District’s teacher practice rubric, forms and the procedures to be followed consistent with the approved APPR Plan and collective bargaining agreement. All training for current staff will be conducted within 30 calendar days of the beginning of the school year, and as necessary for newly hired staff.

IX. APPR APPEALS PROCEDURES

A) Purpose

The purpose of the internal APPR appeal process is to foster and nurture growth of the professional staff in order to maintain a highly qualified and effective work force. The appeal procedures shall provide for the timely and expeditious resolution of the appeal. All tenured and probationary employees who meet the appeal process criteria identified below may use this appeal process. A teacher may not file multiple appeals regarding the same performance review or TIP. All grounds for appeal must be raised within one appeal, provided that the teacher knew or could have reasonably known the ground(s) existed at the time the appeal was initiated, in which instance a further appeal may be filed but only based upon such previously unknown ground(s).

B) Grounds for Appeal

Appeals shall be limited to those evaluations resulting in a rating of Developing or Ineffective .  The results of the appeal process are final and are not subject to the grievance procedure of the CBA, except as to enforce violations of the procedural aspects of the APPR process as set forth herein.

Non-tenured teachers shall be permitted to appeal pursuant to this procedure. However, in the event that a probationary teacher elects to exercise a right to appeal in the last year of a probationary period, the lead evaluator shall be permitted to issue an evaluation without waiting for the issuance of the state assessment portion of the composite score. Said evaluation shall be issued prior to June 30 th of the final probationary year and the timelines for filing and processing of an appeal set forth herein shall apply using business days.

An overall performance rating of “developing” or “ineffective” on the annual evaluation is the only rating subject to appeal. Teachers who are rated effective, highly effective or developing may elect to submit a written response to their overall rating, which response shall be appended to the APPR evaluation and filed in the teacher’s personnel file. Such response shall be filed within ten (10) business days, occurring during the school year including summer recess, of the teachers of the APPR evaluation.

C) Procedures for Appeals

Upon First Rating of Ineffective or Developing

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1. Within ten (10) school days of the receipt of a teacher’s first evaluation rating of developing or ineffective, the teacher may request, in writing, review by the Superintendent of Schools or the Assistant Superintendent for Districtwide Administration.

2. The appeal writing shall articulate in detail the basis of the appeal to the Superintendent of Schools or the Assistant Superintendent for Districtwide Administration. Failure to articulate a particular basis for the appeal in the aforesaid appeal writing shall be deemed a waiver of that claim. The evaluated teacher may only challenge the substance, rating and/or adherence to the parties’ annual professional performance review plan adopted pursuant to 8 NYCRR 30-2 and Education Law 3012-c.

3. Within ten (10) school days of receipt of the appeal, the Superintendent of Schools or the Assistant Superintendent for Districtwide Administration shall render a final, binding determination, in writing, respecting the appeal.

4. The determination of the Superintendent of Schools or his/her designee as to the appeal referred to above shall not be subject to grievance, arbitration or review in any other forum.

Upon Second Rating of Ineffective

1. In the event a teacher receives a second consecutive annual evaluation of ineffective, the teacher shall be entitled to appeal his/her rating, based upon a paper submission to a third party jointly selected between the District and the Association. The cost of expert review shall be borne by the District.

2. The expert may issue a modification of the TIP, or a modification of the rating, along with his/her rationale for the same. Expert review shall be completed within ten (10) days of delivery of the written request for review to the third party. No hearing shall be held and the review shall be based solely upon the original appeal, supporting papers submitted by the teacher and/or a response to the appeal by the teacher’s evaluator.

3. The third party’s written review determination shall be transmitted to the Superintendent, Association and appellant upon completion. The Superintendent shall receive the written review determination of the panelist and shall issue a written decision with ten (10) days thereof.

X. PROFESSIONAL DEVELOPMENT

The parties agree that the purpose of conducting an APPR is to improve professional practice and ensure successful student performance. APPR must therefore be a significant factor in shaping the professional development opportunities provided to teachers. The District and the Association shall cooperate in designing professional development activities that are appropriate for and responsive to the individual needs of each individual teacher as identified in his/her APPR.

One Superintendent’s Conference Day shall be jointly developed by the Superintendent and the Teachers’ Association.

The Professional Development Committee, jointly constituted by the District and the Association, shall oversee all aspects of professional development. A majority of the members of the committee shall be appointed by the association. Among the responsibilities and powers of the Committee shall be to: (i) oversee the design, selection and implementation of all professional development activities; (ii) appoint subject area or grade level subcommittees, as needed, to assist in the design and implementation of professional development activities; (iii) ensure that each teacher is afforded the opportunity to participate in selecting professional development activities that are appropriate for his or her needs; (iv) determine

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the appropriateness and/or effectiveness of existing professional development activities and to direct that changes be made where necessary; (v) consult and advise in the selection of appropriate professional development activities to be used in Teacher Improvement Plans; (vi) ensure that professional development includes training on the Teaching Standard(s) and rubric(s) used in the APPR process; and (vii) make any and all other decisions, other than those requiring the expenditure of additional District funds, as may be necessary to ensure the continued implementation of effective professional development opportunities for all District teachers.

All costs associated with the provision of professional development will be borne by the district. Every effort will be made to provide professional development, including but not limited to professional collaboration on the development of assessments and curriculum within the department and aligned to the requirements of the Common Core State Standards within the teachers’ contractual day or during contractual after-school meeting time or on days within the contractual work year that are designated for professional development. In the event that professional development must occur outside of the teachers’ contractual day or on days other than contractual work days, teachers will be compensated through PDP credit or at the at the contractual hourly rate. Teachers shall be informed of the method of compensation before beginning said work.

In response to the requirements established by Education Law § 3012-c and the transition to the Common Core State Standards, the District shall seek to offer professional development opportunities that will promote the

a. use of data to drive instruction, b. understanding of the Framework for Teaching,c. integration of Common Core standards into existing curriculum,d. development of student learning objectives, e. integration of reading and writing across the content areas, andf. the creation and ongoing adjustment of any curriculum or assessment tools required to maintain the

current APPR evaluation system.

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