2012 Arizona Revised Statutes
Title 15 Education
15-537 Performance of certificated teachers; evaluation system; definition

15-537. Performance of certificated teachers; evaluation system; definition

A. The governing board of a school district shall establish a system for the evaluation of the performance of certificated teachers in the school district that meets the requirements prescribed in section 15-203, subsection A, paragraph 38. The objectives of the teacher performance evaluation system are to improve instruction and maintain instructional strengths. The governing board shall involve its certificated teachers in the development and periodic evaluation of the teacher performance evaluation system.

B. The school district governing board shall adopt teacher evaluation policies in a public meeting by school year 2013-2014. Before the adoption of teacher evaluation policies, the school district governing board shall provide opportunities for public discussion on the proposed policies. The policies shall describe:

1. Incentives for teachers in the highest performance classification, including multiyear contracts not to exceed three years. The policies shall specify that the offer and acceptance of a multiyear contract does not exclude that teacher from the application of section 15-538.01, 15-540, 15-541 or 15-549 and that the teacher may accept a multiyear contract offer or decline and accept a one year contract.

2. Incentives for teachers in the two highest performance classifications to work at schools that are assigned a letter grade of D or F pursuant to section 15-241.

3. Protections for teachers who are transferred to schools that are assigned a letter grade of D or F pursuant to section 15-241.

4. Protections for teachers if the principal of the school is designated in the lowest performance classification.

C. Beginning in school year 2015-2016, the policies prescribed in subsection B of this section shall describe:

1. Support and consequences for teachers designated in the lowest performance classification.

2. An intervention option for teachers designated in the lowest performance classification that includes the use of a performance improvement plan for those teachers pursuant to section 15-539. The policy shall specify that this intervention option may be used only once for each teacher.

3. Dismissal policies pursuant to section 15-539 for teachers who continue to be designated in the lowest performance classification after using the intervention option prescribed in paragraph 2 of this subsection.

4. Dismissal policies pursuant to section 15-539 for teachers who are not provided an intervention option pursuant to paragraph 2 of this subsection. The policies shall require that the school district governing board initiate the notice of inadequacy of classroom performance process pursuant to section 15-539 no later than the second consecutive year that the teacher is designated in the lowest performance classification.

D. A teacher who has been employed by the school district for the major portion of three or more consecutive school years and who is designated in the lowest performance classification for two consecutive school years shall not be transferred as a teacher to another school in that school district unless the school district has issued a notice of inadequacy of classroom performance and approved a performance improvement plan for the teacher pursuant to section 15-539 and the governing board has approved the new placement as in the best interests of the pupils in the school. A teacher who continues to be designated in one of the two lowest performance classifications shall not be permitted to transfer to another school. A teacher shall not be transferred more than once pursuant to this subsection.

E. The governing board shall prescribe specific procedures for the teacher performance evaluation system pursuant to section 15-203, subsection A, paragraph 38, which shall include at least the following elements:

1. At least two actual classroom observations of the certificated teacher demonstrating teaching skills in a complete and uninterrupted lesson by the person observing the teacher. There shall be at least sixty calendar days between the first and last observations. Within ten business days after each observation, the person observing the teacher shall provide written feedback to the teacher.

2. Specific and reasonable plans for the improvement of teacher performance as provided in subsection H of this section.

3. Appeal procedures for teachers who disagree with the evaluation of their performance, if the evaluation is for use as criteria for establishing compensation.

F. The governing board shall designate persons who are qualified to observe teachers and to serve as evaluators for the district's teacher performance evaluation system. The governing board shall ensure that persons evaluating teachers are trained and qualified to evaluate teachers.

G. The results of an annual evaluation conducted as provided in this section shall be in writing, and a copy shall be transmitted to the certificated teacher within five days after completion of the evaluation. The certificated teacher may initiate a written reaction or response to the evaluation.

H. Each evaluation shall include recommendations as to areas of improvement in the performance of the certificated teacher if the performance of the teacher warrants improvement. After transmittal of an evaluation a board designee shall confer with the teacher to make specific recommendations as to areas of improvement in the teacher's performance. The board designee shall provide professional development opportunities for the certificated teacher to improve performance and follow up with the teacher after a reasonable period of time for the purpose of ascertaining that the teacher is demonstrating adequate performance.

I. Copies of the evaluation report and performance classification of a certificated teacher retained by the governing board and the department of education are confidential, do not constitute a public record and shall not be released or shown to any person except:

1. To the certificated teacher who may make any use of it.

2. To authorized district officers and employees for all personnel matters regarding employment and contracts and for any hearing that relates to personnel matters.

3. To school districts and charter schools that inquire about the performance of the teacher for employment purposes.

4. For introduction in evidence or discovery in any court action between the governing board and the certificated teacher in which either:

(a) The competency of the teacher is at issue.

(b) The evaluation and performance classification were an exhibit at a hearing, the result of which is challenged.

J. Any school district policy pertaining to the transfer of teachers from one school to another school in a school district shall take into consideration the current distribution of teachers across all of the performance classifications and the needs of the pupils in the school district.

K. For the purposes of this section, "performance classification" means the four performance classifications adopted by the state board of education pursuant to section 15-203, subsection A, paragraph 38.