APPENDIX
Smithfield School District
The DEC will develop an appeals process to be recommended to the School Committee for approval. Once approved as district policy the appeals process will be added to the Appendix of the contract for informational purposes only. For the most current version of this district policy please visit the district website at https://policies.smithfield-ps.org/.
The DEC, whose composition is defined by the Collective Bargaining Agreement between NEA Smithfield and the Smithfield School Committee, shall also serve also as the Appeals Committee. Appeal hearings will be scheduled in accordance with the stated process and an equal number of teachers and administrators must be present in order for an appeal to be heard. In addition, at least two-thirds (2/3) of the committee (two teachers and two administrators) must be present to constitute a quorum. If a consensus cannot be reached, a vote will be taken. If there are five (5), rather than four (4) or six (6) members present, one member shall refrain from voting to maintain equal representation.
An individual may appeal his/her evaluation only after the Final Effectiveness Rating is determined. An appeal may be filed if a Final Effectiveness Rating of Developing or Ineffective was received and the individual believes it was the result of the evaluation process not being followed in accordance with the applicable RIDE Evaluation Guidebook.
Appeals must be filed in accordance with the following procedure:
1. The individual and the evaluator are strongly encouraged to meet informally within 5 business days of the determination of the Final Effectiveness Rating in an effort to discuss and resolve specific concern(s) prior to the filing of a written appeal.
2. If substantive differences cannot be resolved informally as described above, the individual may appeal to the DEC within 5 business days of the informal meeting or of the Final Effectiveness Rating determination if no meeting was held. The appeal must be filed in writing to the Chair of the DEC using the Smithfield Appeal Form and must include all requested information in order for the appeal to be heard. A copy must also be sent to the evaluator.
3. Within seven7 business days of receipt of the completed form, the Chair of the DEC will contact the individual to schedule a meeting with the DEC.
4. A written decision will be rendered within 2 business days and sent to all parties involved in the meeting.
5. If the written decision is unsatisfactory, the individual may file a written appeal within two (2) business days to the superintendent. Teachers should also send a copy to the President of the NEA Smithfield.
6. Within 7 business days of receipt, the Superintendent will schedule separate meetings, one with the individual and one with the evaluator.
7. The final determination on the status of the evaluation is made by the Superintendent. The decision will be rendered within two (2) business days and sent to the individual, the evaluator, DEC Chair, and the president of NEA Smithfield if applicable.
8. The Final Effectiveness Rating will be reported to the RI Department of Education.
Name:
Position:
Contact Tel #: School:
Final Effectiveness Rating: □ Developing □ Ineffective
Date Final Effectiveness Rating was received:
Please submit copy of notification email from the official Rhode Island Department of Education (RIDE) evaluation platform.
Reason for Appeal (please cite your procedural concern and the specific page it is addressed in the current RIDE Evaluation Guidebook):
Has there been an effort to resolve these concerns informally? □ Yes □ No
Please explain:
Signature:
Date
Please submit this completed form to the chair of the DEC in accordance with the timelines specified in the Evaluation Appeal Process. A copy must also be sent to your evaluator. The form may be submitted electronically, but a hard copy with your signature must be sent to the DEC.
DEC Chairperson
c/o Smithfield School Department
49 Farnum Pike
Smithfield, RI, 02917
If it is determined that the disputed matter does not fall within the responsibility of the DEC or the teacher is not satisfied with the results of the appeals process, the teacher retains the right to file a grievance on the matter.