PART X.2 TEACHER PERFORMANCE APPRAISAL
Review status
277.38 (1) Throughout any period during which a teacher is on review status, the principal shall, (a) monitor the teacher’s performance; (b) consult regularly with the supervisory officer regarding the teacher’s performance and steps that may be taken to improve it; and (c) provide such feedback and recommendations to the teacher as the principal considers might help the teacher improve his or her performance.  2001, c. 24, s. 4. Same (2) Clause (1) (b) does not apply where the principal’s duties and powers are performed and exercised by a supervisory officer in accordance with section 277.17.  2001, c. 24, s. 4. Review status, third appraisal (3) Subject to subsection (5), during the 120 school days starting with the day on which the teacher is advised that he or she is on review status, the principal shall conduct one more performance appraisal.  2001, c. 24, s. 4. Review status ended if rating not unsatisfactory (4) Where the principal conducting the performance appraisal under subsection (3) determines that the rating is not unsatisfactory, (a) the teacher immediately ceases to be on review status; (b) the principal shall advise the teacher in writing of that fact and give the teacher written notice of the rating on the appraisal under subsection (3); and (c) subsections (6) to (14) and section 277.39 do not apply.  2001, c. 24, s. 4. Recommendation of termination, no third appraisal (5) If, at any time during the 120 school days starting with the day on which the teacher is advised that he or she is on review status, the principal and supervisory officer jointly determine that the delay necessitated by conducting a performance appraisal under subsection (3) is inconsistent with the protection of the best interests of pupils, they shall refrain from conducting the appraisal and shall promptly transmit a joint recommendation in writing to the board that the teacher’s employment with the board should be terminated.  2001, c. 24, s. 4. Same (6) A recommendation under subsection (5) shall include a statement that in the opinion of both the principal and the supervisory officer the delay necessitated by a third performance appraisal is inconsistent with the protection of the best interests of pupils.  2001, c. 24, s. 4. Same (7) Where the principal’s duties and powers are performed and exercised by a supervisory officer in accordance with section 277.17, the supervisory officer shall act jointly with another supervisory officer under subsection (5).  2001, c. 24, s. 4. Same (8) For the purposes of subsection (7), the other supervisory officer shall be selected in accordance with the policies of the board that employs the first supervisory officer.  2001, c. 24, s. 4. Recommendation of termination following third appraisal (9) Where a performance appraisal conducted under subsection (3) results in an unsatisfactory rating, the principal shall promptly transmit a recommendation in writing to the board that the teacher’s employment with the board should be terminated.  2001, c. 24, s. 4. Same (10) A recommendation under subsection (5) or (9) shall be accompanied by, (a) written reasons for the recommendation; and (b) a copy of the performance appraisal document and copies of all documents relied on in conducting the performance appraisal referred to in subsection 277.36 (1) and any performance appraisals conducted under subsection 277.36 (3) and subsection (3) of this section.  2001, c. 24, s. 4. Same (11) The principal shall promptly provide the teacher with, (a) a copy of a recommendation under subsection (5) or (9); (b) a copy of the written reasons referred to in clause (10) (a); and (c) subject to subsections 277.31 (7) and 277.32 (5), copies of all documents referred to in clause (10) (b).  2001, c. 24, s. 4. Same (12) Pending the board’s decision whether to terminate the teacher’s employment, the director of education for the board, or the supervisory officer acting as the board’s director of education, shall, (a) suspend the teacher with pay; or (b) reassign the teacher to duties that are appropriate in the circumstances in the view of the director of education or supervisory officer.  2009, c. 25, s. 42 (1). (13) Repealed:  2009, c. 25, s. 42 (2). Same (14) No hearing is required before making a decision under subsection (12).  2001, c. 24, s. 4; 2009, c. 25, s. 42 (3). Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 2009, c. 25, s. 42 (1-3)
- 15/12/2009