The Number of Formal Observations

Relevant Statute Language

• 15-537 Section F requires that at least two actual classroom observations of the certificated teacher demonstrating teaching skills in a complete and uninterrupted lesson occur. In addition, there must be at least sixty calendar days between the first and last observations.
• 15-537 Section G states that the governing board may waive the requirement of a second classroom observation for a continuing teacher whose teaching performance based on the first classroom observation places the teacher in one of the two highest performance classifications for the current school year unless the teacher requests a second observation.

Advisory

• Formal observations as defined in statute are not currently possible in a fair, equitable, and consistent manner across certified staff. 
• Certified staff with zero (0) or one (1) completed formal observation prior to school closure shall be deemed in one of the two highest performance classifications for the current year. 
  • This does not apply to certified staff whose first formal observation led to being placed on a performance improvement plan triggered by a preliminary notice of inadequacy of classroom performance. 
• Certified staff with two (2) or more completed formal observations prior to school closure that were not given a preliminary notice of inadequacy of classroom performance should not be impacted by the school closures. 

Performance Improvement Plan Due to Inadequacy of Classroom Performance

Relevant Statute Language

• 15-538 Section A states the governing board shall give any certified teacher notice of intention to dismiss or not to reemploy if based on inadequacy of classroom performance.
• The teacher will be given a preliminary notice of inadequacy forty-five (45) instructional days before the notice to dismiss and/or not reemploy. The 45 instructional days are intended to allow time to furnish the teacher an opportunity to correct inadequacies and maintain adequate classroom performance.
• A notice of the governing board's intention to dismiss or not to reemploy for inadequacy of classroom performance shall not be issued until the district has completed an observation at the conclusion of a performance improvement plan issued.

Advisory

• It is not feasible to formally observe certified staff at the end of the 45 days while schools are closed. In addition, the supports/resources outlined in the performance improvement plan may not be available, and therefore not implementable. Methods of remote observation without students in a classroom, do not adhere to what statute defines as an observation nor do they fairly and equitably assess certified staff growth. Many of the professional standards in observation tools are not applicable while schools are closed. 
• Continuing certified staff who have been issued a preliminary notice of inadequacy and have not completed the full 45 instructional days prior to school closure cannot be issued an inadequacy of classroom performance. This is due to not adhering to state statute which requires 45 days and requires a classroom observation to occur at the conclusion of the performance improvement plan.
• Probationary certified staff who have been issued a preliminary notice of inadequacy and have not completed the full 45 instructional days prior to school closure cannot be non-renewed based on performance. This is due to not adhering to state statute which requires 45 days and requires a classroom observation to occur at the conclusion of the performance improvement plan.

Pay For Performance (301) Plan Qualifications

Relevant Statute Language - A.R.S 15-977 (Classroom Site Fund; definitions)

• 15-977 Section A

Each school district or charter school shall allocate forty percent of the monies for teacher compensation increases based on performance and employment-related expenses

• 15-977 Section E

A school district governing board may modify the elements contained in subsection C of this section and consider additional elements when adopting a performance-based compensation system. A school district governing board shall adopt any modifications or additional elements and specify the criteria used at a public hearing.

Advisory

• Since Pay for Performance Plans (P4P, "301 Plans") consist of a variety of elements, such as professional development, school/district performance, student performance, teacher evaluations, etc. to determine the forty (40) percent of teacher compensation increases, and with teachers unable to complete the plans or receive an adequate evaluation under 15-537, the governing board should modify/waive the current plan so that teachers are not adversely impacted by school closure.
• In the event, a teacher does not receive the full amount of performance pay, ALL districts are required to have an appeals process, generally found in Board Policy - GCO or negotiated agreement if pay is tied to performance.