FAQ: Five-Year Evaluation

The contract language about the five-year evaluation is essentially a pass-through of a change in the Education Code law in regards to evaluations.  The law now allows for the option of up to a five-year evaluation cycle.  The inclusion of this option is a good first step in the expansion of teachers’ evaluation rights.  This right can be further strengthened and expanded through successive contract negotiations in coming years if SDEA members prioritize it and are willing to fight for it.

Do we automatically get placed on the five-year cycle?

No.  Extending the evaluation cycle is not a guarantee or blanket right granted to all union members.  There are a variety of eligibility requirements that have to be met in order to participate in this extended evaluation cycle.  For those who meet the eligibility criteria, there is an additional step that has caused some confusion.  There must be mutual agreement between the union member and the administrator in order to move to a cycle of up to five years (note: per Education Code, “up to five years” means that you will be evaluated every fifth year, not every sixth year after five full years have elapsed).

How do we reach “mutual agreement” to get placed on the longer cycle?

Because the law and our contract language call for “mutual agreement” between the member and administrator, this implies that there should be a dialogue between you and your evaluator.  As of 2015, new language goes beyond the Education Code requirements in two ways.  First, the new language mandates that these discussions must take place on a case by case, individual basis.  Secondly, the new language ensures that an administrator cannot deny a request on arbitrary or capricious grounds.  Each member wishing to request an extension of the evaluation cycle up to five years needs to approach the evaluating administrator and engage in a discussion.  Ideally, a written agreement should be produced as a result of this meeting – either a formal document written up and signed and dated, or an email confirming the conversation.

When can we speak with the evaluating administrator about extending our cycle up to five years?

This discussion can occur right now, regardless if it is the member’s evaluation year or not.  If you were evaluated two years ago, you can negotiate to extend your cycle for up to 3 more years.  If you were evaluated last year, you can negotiate to extend you cycle up to 4 more years.  Alternatively, if this is not your evaluation year, you can wait till next year to request the extended cycle.

How can we grieve this language?

Some principals have been issuing blanket denials of the right to request an extended evaluation cycle.  The right to request an extended cycle is an individual right.  Collective denials violate the spirit of the intent of the language, and are grievable.  SDEA members have actually won grievances, most notably at Encanto Elementary, guaranteeing this right.

Additionally, once on the cycle, administration cannot unilaterally remove union members from the agreed-to cycle or shorten it in an “arbitrary or capricious” way.  The language in our contract goes beyond the protections granted by the change in Education Code by ensuring that administrators do not remove us from the cycle for “arbitrary or capricious” reasons.  This protects us from retribution or retaliation.  However, a new administrator at your site would be able to call for a shorter cycle to establish a baseline, without mutual agreement from the union member, and this would not meet the bar of “arbitrary and capricious.”  This is based on discussions had at the bargaining table between SDEA’s and SDUSD’s bargaining teams over the meaning of arbitrary and capricious.

Here is the language from the agreement between the district and SDEA:

  • A unit member may be evaluated up to every five (5) years under the following conditions:
    • The unit member has permanent status;
    • The unit member has been employed by the District for at least 10 years;
    • The unit member is “highly qualified” under NCLB (if occupying a position that requires this status);
    • The unit member’s previous evaluation rating was effective;
    • The unit member and the member’s evaluator agree to a cycle of up to five-years.   Agreement on a five (5) year Evaluation shall be decided on an individual basis, and shall not be based on arbitrary or capricious reasons; and
    • Either the unit member or the evaluator may withdraw consent at any time, but the stated reason or cause shall not be arbitrary or capricious.

For additional information, ARs should call the SDEA office and speak with a Contract Specialist.