Article 8 – Performance Evaluation

Article 8 – Performance Evaluation

8.01 - Notice: The District and the Association agree that a highly engaged workforce is dependent upon timely and meaningful feedback on employee performance. In order to ensure meaningful feedback is provided, the Association will have input into the development of the performance evaluation instrument. All regular employees will receive a formal performance evaluation at least once during each fiscal year. Immediate supervisors will provide employees notice of the procedures used for performance evaluation prior to the end of the first quarter for students.

1. Compliance Requirements: In accordance with Florida Statute 1012.34, the District’s process for performance evaluation of instructional staff must be submitted to the Florida Department of Education (FL DOE) for approval by February 1. Performance evaluations must be based in part on student performance. The District is responsible for reporting student performance to FL DOE and for validating the students under the direction of each employee by conducting regular roster verification. Employees are encouraged to complete roster verifications acknowledging responsibility for the students and courses they are assigned, prior to submission to FL DOE. FL DOE will utilize rosters as submitted, regardless of employee verification. The District is not responsible for the timing of release of student performance data by FL DOE to the District.
   1. Walk-throughs and Observations: Immediate Supervisors may provide employees with written comments on their performance based upon informal walk-throughs and must provide written comments for all formal observations. Comments will be recorded electronically and employees will have the opportunity to respond in writing.
   2. Post Observation Conference: After an immediate supervisor conducts a formal observation, they will schedule a post-observation conference with the employee. The employee will acknowledge that they have been shown the observation and that they have discussed the results with their Immediate Supervisor. If an employee disagrees with the results of an observation, they may submit comments on the electronic form used for observations stating their disagreement. Employees must acknowledge receipt of this information or the immediate supervisor may apply an override indicating the employee refused to acknowledge.
   3. Manager’s Rating: Immediate Supervisor may provide employees with written comments on their performance as part of their Manager’s Rating.
   4. Post Evaluation Conference: After a post evaluation conference, employees will acknowledge that they have been shown the Manager’s Rating and have discussed it with their immediate supervisor. If an employee disagrees with the results of the Manager’s Rating, they may submit comments on the electronic form used for Manager’s Ratings stating their disagreement. Employees must acknowledge receipt of this information or the immediate supervisor apply an override indicating the employee refused to acknowledge.
   5. Student Performance Rating: In accordance with Florida Statute, the District will provide employees with a Student Performance rating, which includes the Value-Added Model (VAM) and Student Learning Objectives (SLO) ratings. Immediate Supervisors may meet with employees to discuss their VAM rating. If an employee has a three (3) year aggregate VAM rating of Needs Improvement/Developing or Unsatisfactory, then the employee’s Immediate Supervisors must meet with the employee. The District will provide employees with a process to allow for the appeal of their VAM rating.
   6. Final Performance Evaluation: Immediate Supervisors must acknowledge the above procedures have been followed prior to submitting a recommendation for a Final Performance Evaluation rating. Final Performance Evaluation ratings will be a combination of the Manager’s Rating and the Student Performance rating.
   7. Recommended Employment (Reappointment) Status: In accordance with Article 5.01, Final Performance Evaluation ratings may impact an employee’s recommended employment (reappointment status).
2. Immediate Supervisor: Performance Evaluations must be completed by an immediate supervisor with working knowledge of the employee’s assigned duties, performance standards for the employee’s position, and direct knowledge of the employee’s performance for a period of no less than thirty (30) consecutive days. Employees must receive written notice of the immediate supervisor responsible for completing their performance evaluation prior to the end of the first quarter for students and of any change in immediate supervisor from that point forward. Only administrators, as defined by the Administrator Salary Schedule shall complete performance evaluations for instructional staff. No employee who is part of the bargaining unit may contribute to or complete a performance evaluation for another member of the bargaining unit.
3. Confidentiality: In accordance with Florida Statute 1012.31, performance evaluations are confidential and are not subject to public records requests for one school year after their completion. Performance Evaluation related conferences must be conducted privately and Immediate Supervisors must protect the confidentiality of performance evaluation related documentation as sensitive employment information. Only the employee, the immediate supervisor, and other District staff with a legitimate business interest may inspect an employee’s performance evaluation.
4. Exceptions:
   1. Association President: The Association President will receive a Manager’s Rating based upon the average Manager’s Rating for members of the bargaining unit they represent.
      1. Highly Effective: If eighty (80) percent or more of employees are Highly Effective or Effective, the Association President will be Highly Effective.
      2. Effective: If between sixty (60) and seventy-nine (79) percent of employees are Highly Effective or Effective, the Association President will be Effective.
      3. Needs Improvement/Developing: If between forty (40) and fifty-nine (59) percent of employees are Highly Effective or Effective, the Association President will be Needs Improvement/Developing.
      4. Unsatisfactory: If less than forty (40) percent of employees are Highly Effective or Effective, the Association President will be Unsatisfactory.

8.02 - Evidence: Immediate supervisors are responsible for providing employees with evidence to support performance evaluation ratings.

1. Procedure:
   1. Walk-throughs: Immediate Supervisors may conduct walk-throughs without the need for formal documentation. If formally documented, the employee shall be provided a copy of documentation.
   2. Observations: Immediate Supervisors must conduct observations of an employee’s performance of assigned duties and must formally document observations that will be used to support the Manager’s Rating. Observations may be targeted or full formal observations at the discretion of the Immediate Supervisor, with the exception of those on Probationary Contract.
   3. Manager’s Rating: Immediate Supervisors must provide employees with copies of all documentation no less than ten (10) days prior to submitting a Manager’s Rating for the employee to review.
   4. Student Performance Rating: The District will provide employees with evidence of Student Performance by providing access to information made available through the District’s VAM portal.
   5. Final Performance Evaluation and Recommended Employment (Reappointment) Status: If an investigation into allegations of misconduct may produce evidence of poor performance and is not expected to be completed until after May 1, the immediate supervisor must notify the employee of the pendency of the investigation by May 1. If an investigation into allegations of misconduct is initiated on or after May 1, the employee must be notified upon the opening of a site or district-based investigation. Evidence obtained after May 1 may be grounds for reconsideration of the Manager’s Rating or the Immediate Supervisor’s recommended employment (reappointment) status. Employees must be notified of changes made to performance evaluations or recommended employment (reappointment) status prior to the end of the fiscal year and provided the opportunity to review, respond to, and acknowledge receipt of the change.
2. Contract Status:
   1. Probationary Contract status: Employees with Probationary Contract status must have two (2) formal observations each fiscal year, the first formal observation must be completed by the Immediate Supervisor prior to December 1. Employees with Probationary Contract status must have a mid-year evaluation and final evaluation.
   2. Annual Contract, Professional Services Contract, or Continuing Contract status: Employees with Annual Contract, Professional Services Contract, or Continuing Contract status must have two (2) formal targeted observations each fiscal year.
3. Performance Evaluation Ratings:
   1. Highly Effective: Employees may provide evidence to support a Highly Effective rating. Immediate Supervisors may not require an employee to provide evidence as a condition of receiving a Highly Effective rating.
   2. Effective: Employees may provide evidence to support an Effective rating. Immediate Supervisors may not require an employee to provide evidence as a condition of receiving an Effective rating.
   3. Needs Improvement/Developing: Immediate Supervisors may provide evidence that an employee has been provided support and assistance regarding any needs improvement/developing ratings. Disciplinary documentation, including Administrative Notes or a Conference Summary, may be used as evidence of a Needs Improvement/Developing rating.
   4. Unsatisfactory: Immediate Supervisors must provide evidence that an employee has been provided support and assistance regarding any needs improvement/developing ratings. Disciplinary documentation, including a Letter of Reprimand or higher, may be used as evidence of an Unsatisfactory rating.

8.03 - Assistance: In order to support the retention of a highly skilled and engaged workforce, the District will provide employees with support in the attainment of Highly Effective ratings. Immediate Supervisors may support employees by aiding in the development of an individualized performance plan, providing job embedded training opportunities, or by responding to other requests for assistance that an Immediate Supervisor determines can be reasonably provided.

1. Performance Evaluation Ratings:
   1. Highly Effective: Employees may request support and assistance from their immediate supervisor if they receive a performance evaluation rating of Highly Effective.
   2. Effective: Employees may request support and assistance from their immediate supervisor if they receive a performance evaluation rating of Effective.
   3. Needs Improvement/Developing: Immediate supervisors may offer support and assistance to an employee who receives a needs improvement/developing rating. Support and assistance must include a prescribed time period for completion of specific or measurable tasks to be completed.
   4. Unsatisfactory: Immediate supervisors must offer support and assistance to an employee who receives an unsatisfactory rating. Support and assistance must include a prescribed time period for completion of specific or measurable tasks to be completed.
2. Contract Status:
   1. Probationary Contract status: Employees with Probationary Contract status must be assigned an Employee Mentor who has completed Clinical Education Training or a job-related training that is equivalent.
   2. Annual Contract status: Employees with Annual Contract status may request an Employee Mentor who has completed Clinical Education Training or a job-related training that is equivalent.
   3. Professional Services Contract or Continuing Contract status: In accordance with Florida Statute 1012.34(4), employees with Professional Service Contract status or Continuing Contract status who receive a Manager’s Rating or Final Performance Evaluation rating of Needs Improvement/Developing or Unsatisfactory will be enrolled in an Intensive Assistance Program (IAP) for the following school year.

8.04 - Time:

1. Walk-throughs and Observations: Immediate Supervisors must provide employees with written feedback within ten (10) days of an informal walk-through or formal observation.
   1. Post Observation Conference: Employees may request a Post Observation Conference to be held within five (5) days of receiving written feedback or the expiration of the ten (10) days’ time limit for Immediate Supervisors to provide feedback.
2. Manager’s Rating: Immediate supervisors must notify employees who receive a manager’s rating of Needs Improvement/Developing or Unsatisfactory at least ten (10) days prior to the performance evaluation deadline.
   1. Post Evaluation Conference: Employees may request a Post Evaluation Conference to be held within five (5) days of receiving electronic feedback or the expiration of the ten (10) day time limit for Immediate Supervisors to provide feedback. Immediate Supervisors must meet with all employees who receive a Manager’s Rating of Needs Improvement/Developing or Unsatisfactory by no later than May 10.
3. Student Performance Rating: The District will provide employees with information regarding student performance ratings once data is made available by FL DOE and will allow employees to request a review of their rating within a specified timeframe.
4. Final Performance Evaluation: Recommendations for Final Performance Evaluation ratings shall be made by no later than May 10. Recommendations may be submitted earlier, provided the Immediate Supervisor has provided the employee with their recommended reappointment status and allowed them the opportunity to request a Post Evaluation Conference.
5. Recommended Reappointment Status: Employees with Probationary Contract status or Annual Contract status must be notified of their recommended reappointment status by no later than May 10. Recommended reappointment status may be provided to an employee prior to the deadline.
   1. Reference Form: Immediate supervisors must complete and submit an employment reference form for all employees recommended for non-reappointment or placed on the Surplus List.