(1) T.C.A. §
49-1-302 provides for a local-level evaluation grievance procedure, which shall
provide a means for evaluated teachers and school administrators to challenge
only the accuracy of the data used in the evaluation and the adherence to the
evaluation rules and policies adopted by the State Board.
(2) All local-level grievance procedures
shall be aligned with the requirements of this rule, State Board Policy 5.201,
and the Local-Level Grievance Protocol published by the Department. The
local-level grievance procedure shall provide for a review of the data used for
the calculation of an evaluation score to ensure it is properly attributed to
the educator.
(3) The director of
schools or charter school leader shall ensure all educators are aware of the
local-level grievance procedures and shall ensure the grievance process is
conducted without fear, discrimination, or reprisal.
(4) Each local-level grievance procedure
shall provide educators an opportunity to request for a review of the accuracy
of the data, including the following:
(a) The
calculation of the qualitative score to ensure the correct procedures were
followed; and
(b) Student scores
used as part of the quantitative portion to ensure they were correctly assigned
to the educator.
(5) All
grievances shall be filed with the educator's LEA or charter school governing
body. If the grievance decision does not require a change to the educator's
evaluation score, the grievance shall be resolved by the LEA or charter school
governing body. If a grievance decision by an LEA or charter school governing
body would require a change to an educator's evaluation score, the grievance
resolution shall be submitted to the Department for final approval and
action.
(6) Minor procedural errors
in implementing the evaluation model shall be resolved by the LEA or charter
school governing body procedure but shall not constitute grounds for
challenging the final results of an evaluation. Minor procedural errors shall
be defined as errors that do not materially affect or compromise the integrity
of the evaluation results. The final results of an evaluation may only be
challenged if the person being evaluated can demonstrate, no later than during
step II of the grievance procedure, that the procedural errors made could
materially affect or compromise the integrity of the evaluation results. The
Department shall provide guidance on which procedural errors may materially
affect or compromise the results of the evaluation.
(7) Grievances may be filed at the end of
each of the three (3) components of the evaluation model: qualitative
appraisal; student growth measures; and other measures of student
achievement.
(8) A grievance shall
be filed no later than fifteen (15) days from the date educators receive the
results for each component; otherwise the grievance shall be considered
untimely and invalid. Nothing shall preclude educators from filing a grievance
at any time prior to the deadlines stated herein.
(9) LEAs and charter schools shall develop
and make available standard grievance forms. No grievance may be denied because
the standard form adopted by the educator's LEA or charter school has not been
used, as long as the components required by this rule are included.
(10) Each grievance submitted shall contain:
(a) The educator's name, position, school,
and additional title, if any;
(b)
The name of the educator's immediate supervisor;
(c) The name of the
evaluator/reviewer;
(d) The date
the challenged evaluation was received;
(e) The evaluation period in
question;
(f) The basis for the
grievance, which must include an allegation of inaccurate data used in the
evaluation or a failure to follow correct evaluation procedures under this rule
and State Board Policy 5.201. A failure to state the basis for the grievance
shall result in the grievance being considered invalid;
(g) The corrective action desired by the
educator; and
(h) Sufficient facts
or other information to begin an investigation.
(11) Procedures. The grievance process shall
be conducted in accordance with the following three (3) steps:
(a) Step I - Evaluator. Educator submits
their grievance to the evaluator.
1. Written
grievance containing the information required under paragraph ten (10) is
submitted to the evaluator within fifteen (15) days of receipt of the result of
the component being grieved.
2.
Local administrative investigation and fact finding. Evaluator submits decision
to LEA administrator or charter school leader for review and confirmation of
final decision.
3. Decision clearly
communicated in writing to educator within fifteen (15) days of receipt of the
grievance. If a grievance is resolved at Step I and requires a change to an
educator's evaluation score, the grievance resolution shall be submitted to the
Department for final approval and action.
4. To allow disputes to be resolved at the
lowest level possible, the evaluator may take necessary action, based on the
circumstances, to correct any procedural errors made in the evaluation
process.
(b) Step II -
Director of Schools or Charter School Leader. If a grievance is not resolved to
the satisfaction of the educator at Step I, the Step I decision may be appealed
to the director of schools or charter school leader or their designee who shall
have had no input or involvement in the evaluation for which the grievance has
been filed.
1. Written grievance and prior
step decision submitted by the educator to the director of schools or charter
school leader or their designee within fifteen (15) days of receipt of decision
from Step I. The designee cannot be used in cases involving a school
administrator's evaluation.
2.
Informal discussion or hearing of facts, allegations, and testimony by
appropriate witnesses as soon as practical. An attorney or a representative of
an educator may speak on behalf of the educator during the informal discussion
or hearing but is not required.
3.
Local investigation, fact finding, and written final decision communicated to
the educator in writing within fifteen (15) days of discussion.
4. If a grievance is resolved at Step II and
requires a change to an educator's evaluation score, the grievance resolution
shall be submitted to the Department for final approval and action.
5. To allow disputes to be resolved at the
lowest level possible, the Director of Schools or charter school leader may
take necessary action, based on the circumstances, to immediately correct any
procedural errors made in the evaluation process.
(c) Step III - Local Board of Education or
Charter School Governing Body. If a grievance is not resolved to the
satisfaction of the educator at Step II, the Step II decision may be appealed
by the educator to the local board of education or charter school governing
body.
1. To appeal the Step II decision to the
local board of education or charter school governing body educators must submit
a written grievance and all relevant documentation to the local board of
education or charter school governing body within fifteen (15) days of receipt
of the decision from Step II. Educators may include with the grievance a
request for a full hearing before the local board of education or charter
school governing body as part of the written grievance.
2. The board of education or charter school
governing body, may grant a request for a full hearing or if the board of
education or charter school governing body denies a request for a full hearing,
the local board or charter school governing body may affirm or overturn the
decision of the director of schools or charter school leader without a hearing
by basing the decision upon the record from the previous grievance steps. Any
hearing granted by the board of education or charter school governing body
shall be held no later than thirty (30) days after receipt of a Step III appeal
and request for a hearing.
3. The
local board of education or charter school governing body shall give written
notice of the time and place of any hearing to the educator, director of
schools or charter school leader, and all administrators involved.
4. If a grievance is resolved at Step III and
requires a change to an educator's evaluation score, the grievance shall be
submitted to the Department for final approval and action.
5. The decision of the local board of
education or charter governing body shall be communicated in writing to all
parties, no later than thirty (30) days after conclusion of the
hearing.
6. The local board of
education or charter school governing body shall serve as the final step for
all local level grievances to resolve issues with the qualitative portions of
the evaluation process.
7. An
attorney may represent an educator before the local board of education or
charter governing body. The educator and the local board of education or
charter governing body may have counsel present at discussions prior to the
final step.
