SECTION 210:1-5-7. Teacher evaluation, dismissal, and nonreemployment

(a)   Teacher Evaluation, Dismissal, and Nonreemployment Act.

(1)   The State Board of Education recognizes its regulatory and leadership role in the implementation of this statute and commits its cooperation accordingly. It believes that the most effective vehicle to promote professional growth is self-motivation. The teacher should be the prime recipient of the benefits of teacher evaluation thus identifying his/her own needs for improvement. The evaluation instrument serves as one objective measure by which administrators and boards of education can validly infer inadequate competencies of both teachers and administrators.

(2)   The State Board of Education believes that grievances between boards of education and teachers can best be settled in the locale and thus supports the principle of due process before the local school board. It further supports the right of appeal in the exercise of human rights.

(b)   Duties. The law requires the State Board of Education to develop and adopt standards and procedures to be followed in due process hearings of local boards of education. Such standards are to follow the pattern of the Administrative Procedures Act [75-301-308.2].

(c)   Written policy of evaluation. A teaching principal may conduct teacher evaluations if so designated by the local board of education.

(d)   Minimum criteria for establishing evaluation systems. The written policy and procedures will facilitate the implementation of the Teacher Evaluation Law of 1977, as amended by House Bill No. 1466 (70-6-102.2). Written policy of evaluation for all teachers and administrators is to be based on minimum criteria developed by the State Board of Education and shall include both teaching and administrative criteria. Each board of education shall maintain and annually review the evaluation policy. Each district's evaluation system should contain the following elements:

(1)   A written policy addressing purpose, goals, objectives, targets, procedures, methods, and uses of the evaluation system. This policy shall be developed by the board in consultation with representative teachers and administrators.

(2)   Procedures for making evaluation information available to all affected personnel.

(3)   A listing of the evaluation and hearing steps.

(4)   Written performance criteria by which to evaluate all certificated staff. This must include, but is not limited to, state mandated minimum criteria for effective teaching performance and minimum criteria for effective administrative performance.

(5)   Dates (or a schedule) for evaluation visits for probationary and tenured staff.

(6)   Identification of the personnel or positions which will perform the evaluations.

(7)   What is to be evaluated. Consideration should be given to:

(A)   Self-evaluation progress reports by individuals being evaluated.

(B)   Criteria, in addition to state mandated criteria, which might include: criteria related to the job description, district goals, school objectives, and the previously cooperatively developed position objectives.

(C)   Equitable application of evaluation criteria to all personnel.

(D)   Evaluating only those things which are currently applicable to the job the staff member is performing and not those things which should have been evaluated during preemployment.

(8)   Specified ways that evaluation data will be collected as well as when, how long, and how observations will be performed.

(9)   Security and controlled access to the evaluation reports.

(10)   Provisions for initial, post visit, and follow-up conferences with evaluator or immediate supervisor. Forms should be completed by evaluator, signed, then reviewed, commented on, and signed by the person being evaluated.

(11)   Place for recommendations, prescriptions, or citations of inadequacy. These procedures should include written statements by the evaluator as to:

(A)   What should be done by the person evaluated, including level of performance expected.

(B)   When the corrective action is expected to be completed, which time shall not exceed two months.

(C)   What resources the school will provide to help the person evaluated achieve the expected performance.

(D)   The form in which the report of performance should be submitted (i.e., oral interview, self-evaluation report, narrative description, list of data action documents, etc.).

(12)   Ways the administration will provide resources and assistance for corrective action. This assistance should provide alternatives which could include:

(A)   Assignment to another school or position within the district.

(B)   Visitations and planning.

(C)   Demonstrations or simulations.

(D)   Video tapings and assigned supervisor.

(E)   Reports.

(F)   Special supervision.

(G)   Assignment to a performance team.

(H)   Conference.

(I)   Workshops and inservice sessions.

(13)   Ways the district will utilize the evaluation finding to improve learning in the district to:

(A)   Develop inservice education programs to resolve inadequacies.

(B)   Identify areas where improvements are needed.

(C)   Provide justification for changes in staff, facilities, resources, and programs, or to be a needs assessment for developing new programs.

(D)   Disseminate valuable information to various publics.

(E)   Provide a record of the quality of teaching and quality of staff in the district.

(e)   Procedures designed to avoid potential teacher dismissal. Principals having delegated administrative responsibilities as a part of the comprehensive operation of their respective schools have an inherent obligation for the professional success of their teaching staff. Subsequent to an analysis of the results of a number of measures from which it can be validly inferred from a teacher's performance the principal or evaluator shall, according to law:

(1)   Bring the matter to the attention of the teacher, in writing, and make a reasonable effort to assist the teacher to correct whatever appears to be the cause for potential dismissal or nonreemployment; and

(2)   Allow a reasonable time for improvement, which time shall not exceed two (2) months. The nature and gravity of the teacher's conduct shall be considered in determining what length of time would be reasonable. If the teacher does not correct the cause for potential dismissal or nonreemployment within a reasonable length of time, the principal shall make a recommendation to the superintendent of the school district for the dismissal or nonreemployment of the teacher. (70-6-103.2) This section does not apply to a superintendent of schools. 648 P.2d 26

(3)   The school system should make facilities at its disposal available to help such teachers. The principal will encourage the use of such facilities as:

(A)   an accessible professional library and/or media center;

(B)   local, county, and State Department of Education supervisory services;

(C)   inservice education activities with local, county, regional service center, college, or state groups;

(D)   individual study; and

(E)   the acquisition and utilization of a wide variety of teacher materials.

[Source: Amended at 10 Ok Reg 2695, eff 6-25-93; Amended at 14 Ok Reg 3297, eff 5-5-97 (emergency); Amended at 15 Ok Reg 2212, eff 6-11-98; Amended at 29 Ok Reg 100, eff 10-7-11 (emergency); Amended at 29 Ok Reg 968, eff 6-26-12]