ARTICLE X GENERAL PROVISIONS

Portsmouth School Department

Section A Teacher's Personnel File

1. Upon request by individual teachers, teachers shall be given access to their School Department file.

2. No material, excluding references and information obtained in the process of evaluating the teacher for employment, shall be placed in the files unless the teacher has had an opportunity to read and initial the material. Such signature does not necessarily indicate agreement with its content.

3. Teachers have the right to attach comments to any material placed in their file.

4. Upon receipt of a written request, teachers shall be furnished a reproduction of any material in their file, excluding references and information obtained in the process of evaluating the teacher for employment.

5. Access will be available only in the presence of a representative of the Superintendent's Office.

6. Any written complaints regarding a teacher made to the administration by any parent, student, or person will be promptly called to the teacher's attention.

Section B Rights of Representative Organization

1. NEA Portsmouth representatives shall be allowed release time without loss of salary for negotiation sessions or grievance hearings conducted during the school day, upon the call of the administration.

2. NEA Portsmouth representatives shall be granted leaves of absence for full-time service to educational organizations without loss of tenure or loss of increment(s), upon recommendation of the Superintendent and approval of the School Committee.

3. The NEAP president, or designee, shall be allowed up to (5) release days to attend to state or national business of the National Education Association.

Section C Teacher Evaluation

1. The Rhode Island Model Teacher Evaluation and Support System (RIMTESS) will be the model used to evaluate teachers in the Portsmouth School Department. All observations and monitoring of the work performance of a teacher shall be conducted openly and with full knowledge of the teacher by the primary evaluator who shall be a Portsmouth School District certified school-based or district administrator formally trained in the Rhode Island Model Teacher Evaluation & Support System. These individuals in addition to Department Heads and Special Ed. Coordinators may also serve as complementary evaluators as determined appropriate by the Superintendent. One announced and one unannounced observation must be done solely by the primary evaluator. Department Heads and Special Education Coordinators may perform one unannounced. All non-tenured teachers and teachers on an improvement plan shall have the principal/administrator as their sole evaluator. All state and local decisions regarding the RIMTESS will be clearly detailed and widely disseminated.

2. The Employee Performance Improvement Plan shall be consistent with the RIMTESS. A Performance Improvement Plan shall provide extensive support for teachers who are not meeting expectations. The implementation of such a plan is a responsibility laid upon the principal and/or supervisory staff by the District Evaluation Committee and the Superintendent in order to help in the professional growth and competence of the teacher involved. This action, when necessary, must not be interpreted as discipline or reprimand. Teachers shall respond in a positive manner to the Performance Improvement Plan. The District evaluation committee agrees to fully fund any training or materials specified in a performance improvement plan.

a. A Performance Improvement Plan may be utilized at any time during the school year but under normal circumstances, teachers on track to receive a final effectiveness rating of ineffective must be placed on a performance improvement plan by the mid-year conference. Teachers rated ‘developing’ at the conclusion of the school year will be placed on a performance improvement plan commencing the following academic year. The primary evaluator and teacher shall meet to discuss areas of performance to be addressed by the plan. The primary evaluator and teacher will mutually develop the improvement plan. The teacher may select an ‘effective’ or ‘highly effective’ peer to participate in the development and implementation of the improvement plan. An NEA Portsmouth Representative will be included in the Performance Improvement Team.

b. All teachers on Performance Improvement Plans will complete self-assessments.

3. Before any changes are made in the Portsmouth implementation of the RIMTESS evaluation instrument, the Association shall be consulted and shall assist in any revisions of the present system or in the preparation of a new instrument. The Committee and the Association agree that any changes in the evaluation instrument shall be mutually agreeable, unless mandated by the RI Dept. of Education.

4. Evaluators

a. The teacher’s primary and any potential complementary evaluator(s) will be determined and disseminated within the first ten (10) days of school. The complementary evaluator may be included at any time in the evaluation process.

b. Teachers may request a different evaluator at the beginning of the school year. Teachers may also request the complementary evaluator at any point during the school year. Requests will be made to the Superintendent through the Building Principal and must include the reason(s) for such request. The denial of said request by the Superintendent shall not be arbitrary or capricious.

c. No teacher will be observed for evaluation purposes except by a Portsmouth School District certified school-based or district administrator District-approved evaluator who has successfully completed the RIMTESS evaluation training. All complimentary evaluators must have successfully completed the RIMTESS evaluation training.

5. District Evaluation Committee

a. A District Evaluation Committee of up to twelve members, consisting of administrators and faculty, shall be appointed by mutual agreement of the Superintendent and the President of NEA Portsmouth.

b. The District Evaluation Committee shall meet quarterly.

6. Evaluation Process

Teachers may choose either the Embedded Practice or the Student Learning Goals models based on the “Guidance on Student Learning Options in the Portsmouth School District” in Appendix B.

a. Pre-observation and post-observation conferences may be requested by the observer or the teacher.

b. Department Heads, Coordinators and System-wide Supervisors may only observe teachers under their direct supervision.

c. Announced observations will be scheduled at a mutually agreeable time and date by the primary observer and the observed teacher. The primary observer may specify the context of the observation (for example, period 4 math class). For announced observations only, teachers shall submit a completed lesson plan on the standard lesson plan template at least three (3) days prior to the scheduled observation.

d. The primary evaluator may require up to one (1) additional announced observation for non-tenured teachers, and may conduct up to two (2) additional unannounced observations of non-tenured teachers, or those teachers rated as Developing or Ineffective on their most recent Summative Evaluation.

e. Written feedback specifically aligned to the Rhode Island Model Teacher Evaluation System shall be provided to teachers within seven (7) school days of any unannounced or announced observation.

f. Beginning of Year, Mid-Year, and End of Year conferences shall be scheduled at a mutually agreed upon time by the primary evaluator.

g. Pre-approved, School-Wide Professional Goals shall be available for teachers at each school, aligned to school and/or District priorities and the school administrator(s)’ professional goals on or before Orientation Day. Flexibility shall be afforded to teachers who may desire or require an alternate professional goal.

h. Self-Assessments shall be optional for teachers, except for those teachers on improvement plans.

i. The primary evaluator shall consider all available documentation to produce a Summative Evaluation draft that is forwarded by the teacher at least five (5) working days prior to a scheduled end of year Summative Evaluation conference. Teachers shall have the option of introducing additional reasonable evidence to refute an individual rating on the draft, and the primary evaluator shall consider such evidence and adjust ratings as appropriate.

j. The Evaluation Timeline will be set by the second full week of school and will be mutually agreed upon by NEA Portsmouth and the Superintendent or Assistant

Superintendent, taking into consideration the school calendar, RIDE timelines, and RI laws governing notification for non-tenured teachers or for teachers who may be released due to performance reasons. NEA Portsmouth teachers will be notified of the timeline within one business day from the day it is set. Only in the case of school cancellations due to weather or other factors beyond the control of PSD, the calendar may be changed when mutually agreed upon by NEA Portsmouth and the Superintendent or Deputy Superintendent.

Effective Schedule Effective 2021-2022
Year 1 2022-2023
Year 2 2023-2024
Next Evaluation 2024-2025

Highly Effective Schedule Highly Effective 2021-2022
Year 1 2022-2023
Year 2 2023-2024
Year 3 2024-2025
Next Evaluation 2025-2026

7. Appeals

A teacher should first attempt to resolve the disputed matter with the evaluator within ten
(10) school days of receipt of the related evaluation document. If the teacher is not satisfied with the resolution, then an appeal can be submitted to the Deputy Superintendent. All such attempts shall be documented in writing and submitted to the Deputy Superintendent. The teacher, an NEA Portsmouth representative, and the Deputy Superintendent shall meet in an attempt to resolve the dispute. If there is a divided opinion or the teacher is not satisfied with the result of the appeal, he/she may file a grievance on the matter.

8. Complaint Procedures

No teacher shall be disciplined, reprimanded, reduced in rank or compensation without just cause. Any complaints regarding a teacher made to the Administration by anyone shall be handled discreetly. Only after careful investigation by the principal, and/or supervisor and a sifting out of what may be frivolous and gratuitous in order to determine if there is justification for a complaint, should the teacher be made aware of such a complaint. No disciplinary action may be taken by administration upon a teacher based solely on information obtained through an anonymous complaint.

9. Teacher Files

a. Upon request and with twenty-four (24) hours’ notice, teachers shall be given access to their personnel files, which are maintained both at the central administration and school building levels, excluding references and information regarding their initial employment in the Portsmouth School Department.

b. Teachers may have any person(s) of their choosing present when they inspect their files. No material derogatory to the teacher’s conduct, service, character or personality shall be placed in a teacher’s file unless the teacher is notified that such material has been or may be included in the file. A teacher shall have the right to respond in writing to any material filed, and such response shall be attached to the file material.

10. Corrective Action Plan

No teacher shall be placed on a Corrective Action Plan unless he/she receives a rating of:

a. Less than developing in the “Professional Practices” and “Professional Foundations” domains of the RIDE evaluation, or

b. Developing after having two successive ratings of effective or better.

c. Sections 4.a and 4.b, immediately above should not be interpreted to prohibit the Union and the Administration from mutually agreeing to place a teacher on a plan of assistance. Such a mutually agreed to plan of assistance would not preclude that teacher’s participation in the Job Assignment Process. Further, this provision and the limitations contained herein do not in any way prohibit the Superintendent and/or Committee from utilizing a Corrective Action Plan or similar tool with an employee or employees for disciplinary purposes when warranted (subject to the grievance process).

11. In the event that the RIDE evaluation system is eliminated, replaced, or modified in such a way that it substantively impacts the utilization of the tool as outlined herein, the parties agree to reopen negotiations to address the impact. Substantive changes include, but are not limited to, the elimination of the domains utilized herein, a change to the criteria of the domains, or a change in the ratings used in the RIDE evaluation model.

Section D Teacher on Special Assignment

Teacher on Special Assignment (TOSA) is the term used to describe a certified teacher who has been assigned to perform duties other than classroom instruction. The assignment may include, but not be limited to, working on special programs and/or curriculum development; However, TOSA assignments are not typically intended to provide or replace administrative judgment, direction, or oversight. A TOSA opportunity provides exposure to unique program responsibility and development potentially enhancing an educator's career through preparation for an administrative program. Further, as a teacher is a valuable and scarce resource, TOSA assignments must focus on the effective instruction of students and must be cautiously, wisely, and prudently used. The selection of a TOSA will be determined by the Superintendent, the NEA Portsmouth President shall be consulted. However, the final authority in selecting a teacher to serve as a TOSA shall remain with the Superintendent. In most cases a TOSA position will only be 1 school year or at a minimum 1 semester in length. Any teacher selected as a TOSA will be entitled to return to his/her original assignment/placement.

Section E Non Discrimination

1. All assignments shall be made on the basis of qualifications, provided, however, that when two (2) or more teachers are equally qualified, seniority in the Portsmouth School System shall control.

2. All assignments shall be made in compliance with all non-discriminatory laws, rules, ordinances, and regulations established by the School Committee, Town of Portsmouth, State of Rhode Island, and United States Federal Government.

Section F Management Rights

There is reserved exclusively to the School Committee all responsibilities, powers, rights, and authority expressly vested in it by the laws and constitutions of Rhode Island and of the United States. It is agreed that the School Committee retains the right to establish and enforce reasonable rules and policies which are not inconsistent with this Agreement.

Section G No Strike Clause

NEA Portsmouth agrees that during the term of this Agreement, it will not condone or participate in a strike against the School Committee.

Section H Mentoring

NEA Portsmouth and the Portsmouth School Committee recognize the school department’s responsibility to provide a mentoring program to enhance the performance of newly hired teachers and teachers moving to new positions. Any changes to the existing mentoring program must be mutually agreeable.

Section I Flex Time

Implementation of Flex Time schedules must be mutually agreeable by the Administration and NEA Portsmouth.

Section J Electronic Notice

Whenever this contract requires either party to notify the other party in writing, the notice provision shall be presumed to be satisfied by the use of electronic notice in lieu of certified mail or other mailing. This provision for alternate notice shall apply to all provisions of this contract, including but not limited to the grievance procedure.