File: GCO - Evaluation of Licensed Personnel

NOTE: Colorado school districts are required by law to adopt a policy on this subject and the law contains some specific direction as to the content or language. This sample contains the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs. [Policy GCO replaces former policies GCOA and GCOC.]

This policy and accompanying regulation shall be considered part of the district´s licensed personnel performance evaluation system. The district´s licensed personnel evaluation system shall be developed and implemented in accordance with state law in addition to the state Board of Education´s rules. The Board shall consult with district administrators, teachers, parents and the advisory school district licensed personnel performance evaluation council in developing and evaluating the district´s evaluation system.

The purposes of the district´s licensed personnel evaluation system shall be to serve as a basis for the improvement of instruction, enhance the implementation of curricular programs, and measure the professional growth and development and the level of effectiveness of licensed personnel. The district´s licensed personnel performance evaluation system also shall serve as the measurement of satisfactory performance and documentation for dismissal for unsatisfactory performance pursuant to state law, if applicable. For purposes of this policy and the district´s licensed personnel performance evaluation system, "unsatisfactory performance" shall be defined as a performance rating of "ineffective."

The school district shall conduct all evaluations so as to observe the legal and constitutional rights of licensed personnel. No informality in any evaluation or in the manner of making or recording any evaluation shall invalidate the evaluation. No minor deviation in the evaluation procedures shall invalidate the process or the evaluation report.

Licensed personnel, unless otherwise designated by contract, shall be considered "at will" employees who serve at the pleasure of the Board and shall have only those employment rights expressly established by Board policy. Nothing in this policy shall be construed to imply in any manner the establishment of any property rights or expectancy or entitlement to continued employment not explicitly established by statute, Board policy or contract. Neither shall this policy and/or the evaluation system be deemed or construed to establish any conditions prerequisite relative to renewal of contracts, transfer, assignment, dismissal or other employment decisions relating to school personnel.

Unless an evaluator acts in bad faith or maliciously with respect to the application of a procedure associated with the evaluation process, any misapplication of a procedure, failure to apply a procedure or adhere to a prescribed timeline shall not be an impediment to or prevent the Board from modifying an employee's contract status, employment status or assignment under the terms of the employment contract and state law. The content of the evaluation, the rating given and any improvement plan shall not be grievable under the district´s formal grievance process.

All employment decisions remain within the sole and continuing discretion of the Board of Education, subject only to the conditions and limitations prescribed by Colorado law. Any dismissal or other employment action shall be in accordance with applicable state law and Board policy.

Reporting:

The district shall report the final performance ratings for all licensed personnel who were evaluated to the Department of Education no later than October 15 of the school year following the school year for which the evaluations are completed. The district shall follow all applicable State Board of Education rules regarding reporting.

(Adoption date)

LEGAL REFS.: C.R.S. 22-9-101 et seq. (Licensed Personnel Performance Evaluation Act)

C.R.S. 22-63-301 (grounds for dismissal)

1 CCR 301-87 (State Board of Education rules for administration of a system to evaluate the effectiveness of licensed personnel)

CROSS REFS.: BDFA*, District Personnel Performance Evaluation Council

GCOE*, Evaluation of Evaluators

GCQF, Discipline, Suspension and Dismissal of Professional Staff

IK, Academic Achievement

NOTE 1: A person who is employed in multiple roles in the district may receive a single evaluation that takes into account the employee's performance of his/her responsibilities in each role. The employee's supervisor shall conduct the evaluation or, if the employee is the superintendent, the board shall conduct the evaluation. C.R.S. 22-9-106 (4.3).

NOTE 2: Students' state assessment results from the 2014-15 school year may only be used as baseline data for measuring student academic growth in the 2015-16 school year and school years thereafter. C.R.S. 22-9-106 (2.5)(c)(I). In addition, in any year that the district does not receive students' state assessment results by the deadline for written evaluation reports (two weeks prior to end of school year), the district must use alternate measures of student academic growth, including local assessment results if available. C.R.S. 22-9-106 (2.5)(c)(II).