Teachers may be appraised annually, through either a process and criteria developed locally or the statewide Professional Development and Appraisal System (PDAS) adopted by the commissioner of education. An appraisal law initiated by TCTA during the 2003 legislative session provides that a teacher does not need to be appraised annually if the district so chooses, the teacher agrees in writing to less frequent appraisals, and his/her last appraisal was at least proficient or the equivalent and identified no areas of deficiency. An area of deficiency is considered a domain for purposes of this policy. Districts may set up local policies stating whether the reduced appraisal option is available to teachers, if it is available at the district or campus level, and if teachers new to the district are eligible. A teacher must be appraised at least once every five school years. The state has developed a separate instrument that may be used for counselors. Districts adopt local instruments to appraise other employees.

Responding to a negative appraisal
A teacher who disagrees with an appraisal or with any document relating to an appraisal, such as a reprimand, can respond by filing a written rebuttal within 10 working days or by filing a timely grievance per local policy. A teacher can request a second observation within 10 working days.

Procedural rules
The commissioner’s PDAS rules (19 TAC, Sec. 150.1001 et seq.) outline the appraisal system. The rules identify the main components of the system and establish timelines for appraisals. A district’s failure to follow timelines may give a teacher the ability to void an appraisal. A teacher who receives an objectionable appraisal should promptly identify any timeliness problems.
For example:

• Did the teacher receive the observation summary within 10 working days?
• If cumulative data lowered an appraisal score, did the teacher receive written cumulative data not more than 10 working days from the date of the incident?
• Did the principal conduct a summative conference no later than 15 working days before the last day of instruction?

Proficiency rating
To achieve a proficiency rating, a teacher must meet expectations 80-89 percent of the time. Despite this apparently objective standard, appraisers exercise subjective professional judgment when observing and scoring the PDAS. In practice, once an appraiser exercises “professional judgment,” administrators and officials rarely direct the appraiser to substitute a different criterion score. In a PDAS grievance, the teacher’s best chance at success often comes early in the process when dealing with the appraiser, principal or central office administrator. When objecting to a poor criterion rating, teachers should tailor arguments to reflect PDAS rules and practice.

• PDAS does not require teachers to perform all criteria in 45 minutes. Appraisers can use additional walk-throughs to observe the balance of the criteria.
• Because PDAS contemplates appraisal over the course of the year, if the appraiser did not see proficient performance in one criterion but did see proficiency in at least 80 percent of the balance of the domain’s criteria, the appraiser can infer proficiency.
• Evidence used on an appraisal must relate to the teacher’s observable behavior; it should not come from conjecture or rumor.
• Even if a teacher did not comply with a school rule on one occasion, PDAS rules do not deem such violation sufficient to lower a criterion rating if the violation was not substantial and did not materially interfere with the operation of the campus.
• Because proficiency requires performance that meets expectations for 80-89 percent of the students, an appraiser abuses his/her discretion by awarding a “below expectations” rating when only two of 26 students exhibit off-task behavior.

Teacher Self-Report (TSR)
Teachers should use the TSR to “accentuate the positive,” and not create a record of “deficiencies.” Teachers should use it over the year to document aspects of performance that are not readily observed or that may be “overlooked” in class.

More information
Members with questions can call the Region 13 Education Service Center at (512) 919-5491 or the TCTA Legal Department toll-free at (888) 879-8282. Background information on the PDAS is available on the Texas Education Agency website. Though the PDAS rules were recently re-enacted by the commissioner of education without change, and legislation that would have required a majority of a teacher’s appraisal to be based on student performance measures was defeated in the 2007 legislative session, changes could still be ahead. Any developments will be posted on the TCTA website.

Web posted: 08/02/07