*For Teachers Who Want To Appeal Second Consecutive

Not Meeting or Approaching Rating*

State law requires that each school district provide an appeal process to allow teachers who receive a second consecutive rating of Not Meeting or Approaching to appeal that rating. The intent of the appeal process is to determine if the second evaluation rating was appropriately applied and identify whether or not a teacher retains non-probationary status. Decisions about a teacher’s employment status are separate from decisions about final evaluation ratings and probationary or non-probationary status.

The grounds for the appeal of a second consecutive Not Meeting or Approaching rating shall be limited to the following:

·  The evaluator did not follow evaluation procedures that adhere to the requirements of statute or rule and that failure had a material impact on the final performance evaluation rating that was assigned (e.g. an observation was never completed or feedback was never shared with the Teacher).

·  The data relied upon to determine the final performance evaluation rating was inaccurately attributed to the teacher (e.g. data included in the evaluation was from students for whom the Teacher was not responsible).

A teacher filing an appeal shall include all grounds for the appeal at the time the appeal is filed. The appeals process shall be voluntary for a teacher and is initiated only if she/he chooses.

The process permits a teacher to file an appeal to a second rating of Not Meeting or Approaching to a review panel, comprised of an equal number of teachers and administrators. The burden is on the educator to demonstrate that a rating of effective was appropriate.

The appealing teacher shall be given the opportunity to address and provide evidence to the review panel in person or in writing. (See DPS/DCTA Memorandum of Understanding for complete details regarding process.)

2015-16 Appeals Process Timeline

Date / Requirement
Day 0
(Last student contact day, June 3rd) / Last student contact day, by which time all teachers will have received their final effectiveness ratings.
Day 15
(June 18th) / Deadline for educator to submit his/her intent to appeal and to request documents from the District that are relevant to grounds for appeal. FORM A should be sent via email to .
Day 25
(June 28th) / Deadline for District to provide requested documents that were relevant to grounds for appeal.
Day 32
(July 5th) / District sets tentative date for panel hearing.
Day 40
(July 13th) / ·  Deadline for educator to submit all written/electronic materials for review by the Review Panel. FORM B and all attachments should be sent to .
·  Deadline for DCTA/educator to name three panel members.
·  Deadline for District to name three panel members.
Day 49
(July 22nd) / ·  Deadline for District to confirm eligibility for appeal. District will confirm panel member availability, finalize date for hearing, and provide copies of documents to all panel members.
No later than day 60
(Aug. 2nd) / ·  Review panel meets to review written appeal and identify areas where further clarification may be needed.
·  Panel hearing takes place. Educator, (at his/her option), presents information, witnesses, and/or testimony to panel in person and District presents its evidence. Panel meets after to review information and discuss recommendations.
No later than day 75 (Aug. 17th) / Panel submits decision or recommendation to superintendent in writing.
No later than day 90 (Sept. 1st) / ·  Superintendent or designee reviews the panel’s recommendation. The Superintendent or designee is bound by the majority decision of the panel. The Superintendent or designee makes the final decision if the panel was evenly divided and could not reach a majority decision.
·  Superintendent’s letter with final determination and rationale is provided to educator.

*CONFIDENTIAL*

FORM A

Intent to Appeal: Second Ineffective Rating

(Due June 18th by email )

To be completed by the educator:

Educator Last Name / Educator First Name / Employee ID Number
Work Location(s)
Documents Requested by the Educator:
Reason(s) that Documents are Relevant to Grounds for Appeal:

*CONFIDENTIAL*

FORM B

(Due by July 20th to )

Grounds and Evidence Documentation:

Educator Last Name / Educator First Name / Employee ID Number

I am submitting this appeal on the grounds (These grounds are the only grounds permitted by State Rule):

☐ the evaluator did not follow evaluation procedures that adhere to the requirements of statute or rule and that failure had a material impact on the final Performance Evaluation Rating that was assigned. (E.g. an observation was never completed or feedback was never shared with the Teacher).

and/or

☐ the data relied upon for the performance rating was inaccurately attributed to the teacher (e.g.

data included in the evaluation was from students for whom the Teacher was not responsible).

Rationale for Appeal/Evidence:

Rationale for Appeal— / Description
·  Describe how evaluation procedures were not adhered to, why that violates statute or State Board rules, and how that had a material impact on the Final Effectiveness Rating that was assigned.
and/or / Description
·  Describe what evidence was inaccurately attributed to the educator and how that had a material impact on the Final Effectiveness Rating that was assigned.

List of Attached Evidence: (Please follow the labeling conventions below)

Document Name/Description / # of Pages
Document A:
Document B:
Document C:
Document D:
Document E:
Document F:
Document G:

Add additional pages as needed.

*CONFIDENTIAL*

Educator Letter of Concern

If you do not fall within the grounds for appeal, but you want to share concerns about the evaluation process with the DPS LEAP team and the Chief Human Resources Officer, please share them here. DPS is deeply committed to ensuring the continuous improvement of LEAP and to making every evaluation fair, credible, valid, and professional.

Educator Statement:

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Denver Public Schools 2015-2016