PSRP Nuts and Bolts: Transfers, Evaluation, Layoffs, Discipline, Dismissals Overview

PSRP NUTS AND BOLTS: TRANSFERS, EVALUATION, LAYOFFS, DISCIPLINE AND DISMISSALS November 6, 2021 Latoyia, Graham, Jose

WHAT THIS PRESENTATION WILL COVER Different position titles Appendix D Transfers The PSRP EVALUATION PROCESS What is required procedurally and substantively Layoffs PSRP DISCIPLINE PROCESS PSRP DISMISSAL PROCESS Examples

JOB TITLES AND DESCRIPTIONS Appendix D Attendance Coordinator Attendance and Truancy Specialist Audio-Visual Technician Audiometric and Vision Screening Technician College and Career Coach Community Relations Representative** Comprehensive Service Coordinator Computer Technician CTE College and Career Coordinator Day-to-day Sub School Clerk Day-to-day Teacher Assistant Educational Sign Language Interpreter** Family Engagement Coordinator Gear Up Coach Health Service Nurse Head Start Educational Resource Assistant Head Start Health Resource Assistant Head Start Parent Resource Assistant Head Start Social Service Resource Assistant Hospital Licensed Practical Nurse Instructor Assistant** Interpreter Clerk Lifeguard Occupational Therapist Assistant Parent Advocate Parent Advocate Bilingual Post-secondary Liaison Program Schedule Clerk Resident Social Worker School Assistant** School Assistant Bilingual 350 School Assistant Bilingual Spanish School Clerk Assistant School Clerk** School Clerk Bilingual Spanish* School Community Representative School Counseling Office Assistant School Library Assistant School Social Service Assistant** Social Worker Assistant Special Education Support Clerk Speech/Language Pathology Paraeducator Speech/Language Pathology Paraeducator Bilingual STLS Advocate Student Special Needs Program Assistant Student Special Services Advocate Teacher Assistant Teacher Assistant Montessori Program Teacher Assistant Bilingual I Teacher Assistant Bilingual II Technology Coordinator** Truant Officer* Youth Intervention Specialist

TRANSFERS 9-5. Transfer Windows. PSRPs may apply to transfer to vacant positions for which they qualify at any time during the school year. 9-8. Administrative Transfers. Administrative transfers shall be executed promptly by the sending school s principal.

PSRP EVALUATION PROCESS EVALUATION GUIDELINES THESE ARE UPDATED AND TYPICALLY ISSUED EVERY YEAR August 2019 GUIDELINES OVERVIEW 3 Performance Factors 3 Performance Factors (Effectiveness, Dependability, Professionalism) & 4 Performance Levels Proficient, Developing, Unsatisfactory) PROCEDURAL REQUIREMENTS BOY Orientation BOY Orientation- - within 30-calendar days of the start of the work year Within 10 school days of hire or transfer is a Best practice Mid Mid- -Year Self Year Self- -Assessment Assessment- - November 1st- 30th Written Feedback must be provided to employees performing at less than proficient Mid Mid- -Year Evaluation Year Evaluation- - December 1st- Feb. 15th Required for any employee who is on track for a less than proficient overall rating Must use the ESP/PSRP Evaluation Form Annual Summative Rating Annual Summative Rating- - May 1st June 30th( but no later than end of school year) Required for all employees Must use the ESP/PSRP Evaluation Form 4 Performance Levels (Excellent,

PSRP EVALUATION PROCESS Evaluation Guidelines Continued SUBSTANTIVE REQUIREMENTS For each factor evaluators must provide evidence/cite examples to support rating Evidence cited should be relevant indicators of employees performance Evaluations must be based on observations that are regular and ongoing Effectiveness (50%)- must evaluate the extent to which the employee fulfills the duties and expectations of their job Evaluator must consult the critical attributes or the official job description in assessing performance that should be provided at the orientation Dependability (30%)- evaluates the extent to which employee is on task, at the assigned location completing satisfactory work with minimal supervision Attendance and punctuality are not the sole drivers of this factor Approved benefit days must not be counted against an employee s dependability Professionalism (20%)- evaluates ability to maintain a service-oriented approach and treat all with respect. This is not intended to measure an employee s likeability, friendliness or the quality of their relationship with their supervisor. CANNOT CANNOT FILE GRIEVANCES ON THIS BUT CAN ARGUE IN DISCIPLINE OR DISMISSAL FILE GRIEVANCES ON THIS BUT CAN ARGUE IN DISCIPLINE OR DISMISSAL PROCESS PROCESS THAT THESE WERE NOT FOLLOWED IN THE EVALUATION PROCESS. THAT THESE WERE NOT FOLLOWED IN THE EVALUATION PROCESS.

PSRP EVALUATION RATINGS TOTAL TOTAL WEIGHTED WEIGHTED- - EVALUATION SCORE EVALUATION SCORE EVALUATION EVALUATION RATING RATING 3.5-4.0 2.7-3.4 2.0-2.6 1.0-1.9 EXCELLENT PROFICIENT DEVELOPING UNSATISFACTORY PERFORMANCE PERFORMANCE FACTOR Effectiveness Dependability Professionalism Total Weighted Evaluation Score FACTOR SCORE SCORE 3 3 4 WEIGHT WEIGHT 0.5 0.3 0.2 WEIGHTED SCORE WEIGHTED SCORE 1.5 0.9 0.8 3.2

LAYOFF AND RECALL (Article 9-10 and Appendix I) The BOARD s ESP Layoff and Recall Policy will be applied to include criteria for determining bargaining unit employees to be laid off. Except when bargaining unit employees are laid off due to school actions, employees shall be laid off by school unit in the following manner: The school principal or unit head shall determine the number of positions and which classification(s) within the unit shall be affected. Employees within those classifications will be laid off in the following order: 1. Employees who do not possess the highly qualified status or who do not hold necessary certifications or other qualifications; 2. Employees rated unsatisfactory (i.e., below 1.9 points on current system) in their most recent performance rating. 3. Employees rated developing (i.e., 2.0-2.6 points on the current evaluation system) in their most recent performance rating. 4. All other employees by seniority. For purposes of this policy only, seniority with regard to layoff and reappointment of full-time accumulated service in any career service/ESP position any career service/ESP position, with such seniority accruing from the date of initial appointment to a career service/ESP position with the Board. This definition of seniority shall apply only to those ESP employees who are represented by a bargaining unit at the time of their layoff. layoff and reappointment shall mean the length

PSRP DISCIPLINE PROCESS Article 29 of the CBA applies to PSRP s Discipline process is the same for PSRP s as it is for Teachers with an EXCEPTION Same: Same: In all steps of discipline the member will be accompanied by a field rep, if requested, at the pre-meeting. Step 3 final warnings are submitted to Med-Arb Exception/Difference Exception/Difference A warning resolution is not required for a PSRP and often times not issued

PSRP PSRP DISMISSAL PROCESS Removed from school- given a presuspension hearing. Not removed from school but Issued Dismissal Charges THE BOARD HAS 60- SCHOOL DAYS TO ISSUE DISMISSAL CHARGES. Provided a dismissal hearing at the Board Suspended pending the outcome of the dismissal hearing. Not suspended. (Very rare instances). After dismissal hearing the Hearing Officer will make a determination The hearing officer will recommend dismissal. The Board will vote on whether to accept this recommendation. Bad Act Cases will have attorney representing the Board Unsat Cases- Board Attorney acting as hearing officer and Board Attorney The Board will reinstate- sometimes this comes with conditions (ie. last chance agreements, suspension without pay). If the Board accepts the recommendation which they almost always do then we can advance to Med-Arb or Arbitration

PSRP DISMISSAL PROCESS EXAMPLES BOARD LEVEL TA accused of arguing and threatening a teacher in front of preschool children. It is alleged that she called teacher a stinkin ass and told her I will kill you. I will slice your throat and if you think you ll ever be able to walk to your car safely, think again! Board hearing officer recommended that she be reinstated and credited with a time served suspension because there was not enough evidence to substantiate that she threatened the teacher but there was to support the allegation that she engaged in a verbal altercation in front of students. TA was rated unsatisfactory for the 2016-2017 school year and issued dismissal charges. Board hearing officer recommended that she be reinstated, if she signs a last chance agreement, because there was enough evidence to support the unsat. rating but based on the evidence provided at hearing TA had the potential to obtained a proficient rating for 17-18. MED ARB TA that was rated unsatisfactory for the 2016-2017 school year and issued dismissal charges. She was not successful at the Board level so we appeal the case to Med-Arb. At Med-Arb the arbitrator took the case under advisement to review the Performance Guidelines and issued a written decision reinstating TA. The arbitrator did not discuss provisions for back pay or what would happen to the rating so that was discussed with the Board and a settlement agreement was executed. ARBITRATION TA that was dismissed for unsatisfactory work performance. We were not successful at the Board level so we advanced the case to Arbitration. The Board argued that the grievance was not arbitrable because it was filed 10 days late and alternatively, the Board argued that it complied with all the procedural requirement related to the evaluation process. We argued that although the demand was filed late the Board waived the ability to assert a timeliness objection by waiting until the date of the hearing to raise the issue. Further, the Board failed to follow the procedural guidelines for dismissing PSRP s for performance because there was no proof that Grievant had an orientation meeting or a mid-year evaluation. Although the arbitrator agreed with the Union that the grievance was arbitrable, he denied the grievance because he determined the issues rest on the credibility of the grievant and the Principal. Finding the Principal more credible the arbitrator held, the Board proved the dismissal charges by a preponderance of the evidence, and that the grievant did have an orientation and a mid-year evaluation.