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Rights: Evaluation

Modesto Teachers Association

FAQ

How often are teachers evaluated?
What is the recourse when denied a 5-year evaluation?

Send a copy of your denial. A highly qualified means No Child Left Behind compliant, not a score of 5. Please notify the MTA office if a lack of friendliness, insufficient professional development, or not on leadership is the reason for denial.

How often are teachers evaluated?

Probationary teachers shall be evaluated at least once each school year [Article VIII.C.8]. Permanent teachers who receive a “satisfactory” evaluation shall be evaluated once every two years regardless of assignment, transfer, etc [Article VIII.C.9]. *Evaluation of a permanent certificated employee may be at least every five years based on certain conditions being met [Article VIII.C.10].

HR – Five-Year Evaluation Cycle
What is the instructional employee responsible for?

All instructional employees shall be responsible for two (2) professional goals. One (1) goal shall be identified by the instructional employee and related to the District annual focus. One (1) goal will be identified by the instructional employee, representing a major component of his/her growth as a professional. Both goals must be mutually agreed upon by the instructional employee and the evaluator. Any appeal will be presented to the evaluator’s Senior Director for resolution [Article VIII.A.3].

The administrator can not dictate a list of objectives. The evaluation and assessment of instructional employee competence shall not include the use of publishers’ norms established by standardized tests and consideration of mitagating factors should be included.

What are the procedures for plan of improvement?

The Plan of Improvement is intended to help the certificated employee by establishing a clear plan for support including coaching, feedback, and a commitment for support, resources, and follow-up by the evaluator. The evaluator shall commit to being clear on support and resources available. In consideration of individual needs, the Plan of Improvement duration shall be determined by the evaluator in consultation with the certificated employee. The plan of improvement shall be a minimum of four (4) weeks in length, and with mutual consent, may be extended as necessary. In no case shall there be a formal observation of the certificated employee before the four (4) weeks have lapsed [Article VIII.D.2].

What are the time frames for evaluation forms?

Completed evaluation forms for all personnel subject to evaluation during that year shall be transmitted by the evaluator to the evaluatee not later than thirty (30) days prior to the last day of that evaluation year. The entire evaluation process, including all forms and meetings, shall be completed within the school year in which the evaluation began. The evaluator and evaluatee shall discuss the completed evaluation forms prior to the last school day of the evaluation year. [Article VIII.C.16].

Disclaimer:
This source provides general information about rights. The information made available is subject to change without notice. It does not provide legal advice and user assumes the risk of verifying any materials used or relied upon.

Rights: Transfers

Modesto Teachers Association

FAQ

What are the transfer & reassignment timelines?

The Association and District agree to the following Transfer & Reassignment timelines, to be further detailed in [Article XIII, B.1a-g] and in Article XIV Reassignments.

  • By first Friday following winter break, the District will notify all bargaining unit members describing the internal round process.
  • Prior to March 1: Overstaffing process completed
  • Internal Round (as defined below)
  • Upon completion of Internal Round: For no more than ten (10) work days, new hires from the District New Hire Pool will be placed into unfilled vacancies.
MCS TK-12 Seniority List by date (11/26/24)
MCS ECE Seniority List by date (11/26/24)
How is an internal round defined?

Following review of staffing levels and site/District needs, including completion of the overstaffing process, the following process shall be used to fill vacant positions prior to assigning recruit candidates. By first Friday following winter break, the District will notify all bargaining unit members describing the internal round process, which will include the following:

  • Internal Round Window dates.
  • A description of application process.
  • A bargaining unit member’s most recent evaluation must be satisfactory.
  • A bargaining unit member must respond to an offer within 24 hours.
  • If there is only one applicant the unit member will be granted an interview with the site administrator.
  • A bargaining unit member granted a transfer will remain on his/her evaluation cycle subject to the terms in the evaluation article [Article XIII, F.1a-c].
What is the procedure for an administrative transfer exclusive of shifting/declining enrollment?

The site administrator meets with the credentialed employee to notify the employee of the proposed transfer. Within five (5) working days after the meeting the employee is notified in writing of his/her probable transfer prior to its submission to the Superintendent or his/her designee. The employee shall be advised that he/she has specified time requirements to meet. Except in extraordinary cases, prior to initiating an administrative transfer the site administrator shall have had multiple documented meetings, such as conference summaries, desk memos, letters of reprimand, notice of unprofessional conduct, or unsatisfactory observations/evaluations, etc. to address concerns with the certificated employee. Involuntary administrative transfers shall not be arbitrary or capricious [Article XIII, C.1-5].

Disclaimer:
This source provides general information about rights. The information made available is subject to change without notice. It does not provide legal advice and user assumes the risk of verifying any materials used or relied upon.

Rights: Disruption

Modesto Teachers Association

FAQ

What is the consequence for a student who disrupts the learning environment?

The Superintendent or designee shall ensure that each school develops standards of conduct (MCS Student Handbook & Conduct Code) and discipline consistent with Board policies and administrative regulations.

A teacher may suspend any pupil from class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following. The parent/guardian will be requested to attend a conference as soon as possible [EC 48910]. A teacher may also refer a pupil, for any of the acts enumerated in Section 48900, to the principal or the designee of the principal for consideration of a suspension from the school.

Students shall be expected to exhibit appropriate conduct that does not infringe upon the rights of others or interfere with the school program while on school grounds, going to or coming from school, at school activities, or using district transportation.” [MCS BP 5131].

What is the consequence for a parent or guardian who disrupts a class or school activity?

A parent/guardian who materially disrupts a class or school activity is guilty of a misdemeanor [EC 44811].

Are parents or guardians liable for their minor children’s willful misconduct that causes injury to person and/or property?

Yes, Parents/Guardians are liable for their minor children’s willful misconduct that causes injury to person and/or property [EC 48904; EC 48905].

Immediately stop and demand the attendance of a union representative or administrator if a parent or guardian meeting becomes unpleasant.

What is the Board’s policy on classroom interruptions?

The Governing Board recognizes the importance of providing students with sustained, uninterrupted instruction. Allowing interruptions during class time may imply to students that what is occurring in the classroom lacks value.

The Superintendent shall require the school principals to restrict the use of intercoms and to reasonably limit office summons and the use of student messengers.

Messages should be briefly and clearly stated in order to reduce the amount of time devoted to non-instructional activities. Announcements that are only pertinent to teachers should be put in writing. Teachers should be notified in advance of all programming that takes students away from regular classroom
instruction. To avoid unplanned entrances to classrooms, outside visitors must make appointments. Whenever possible, school maintenance and housekeeping activities should be scheduled to minimize classroom disruptions [MCS BP 6116].

Disclaimer:
This source provides general information about rights. The information made available is subject to change without notice. It does not provide legal advice and user assumes the risk of verifying any materials used or relied upon.