GAE(3) - Evaluation Appeals

 Descriptor Code: GAE (3)
Evaluation Appeals

SECTION I.
PURPOSE: INFORMAL RESOLUTION
It is the purpose of this Policy to implement the provisions O.C.G.A. §20-2-989.7 et seq. In accordance with the foregoing, certified teachers of the Cherokee County School District will have the right to appeal ‘Unsatisfactory’ or ‘Ineffective’ performance ratings on a summative evaluation in accordance with the provisions hereof. The School District encourages all employees to resolve their complaints at the lowest organizational level possible and in an attitude of congeniality. The procedure provided hereby is available where such efforts are not successful or, where for any other reasons, the employee desires review of an unsatisfactory or ineffective performance rating in a summative evaluation.

SECTION II.
DEFINITIONS
A. Cherokee County School District Professional Standards Committee (“CCSD PSC”) is a committee appointed by the Superintendent of Schools comprised of certified educational leaders designated to conduct reviews, hearings and appeals in a variety of employment situations. CCSD PSC will be considered an Administrator in the system office for purposes hereof. B. Appeal is a request for review by a teacher which is filed pursuant to this Policy and which comes within the scope of the Policy.

SECTION III.
SCOPE OF APPEAL
A. Scope. Unless excluded by paragraph (B) hereof, this Policy applies to teachers who have accepted a school year contract for the fourth or subsequent consecutive school year and received summative performance rating of ‘Unsatisfactory’ or ‘Ineffective’ in their personnel evaluations conducted pursuant to O.C.G.A § 20-2-210, procedural deficiencies on the part of the local school district in conducting an evaluation pursuant to O.C.G.A § 20-2-210, and job performance will be subject to appeal pursuant to this paragraph. B. This procedure does not apply to: termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in O.C.G.A. §20-2-940; will not be subject to complaint under this part. C. A certified employee, who chooses to appeal under O.C.G.A. §20-2-1160, will be barred from pursuing the same complaint under this Policy.

SECTION IV.
APPEAL PRESENTATION; TIME; CONTENTS
The Appeal will be made in writing to the Chief Human Resources Officer (CHRO) within five calendar days (which may be extended if the last day falls on a weekend or holiday) of employee receipt of his/her summative evaluation. The appeal will include the following: 
A. The mailing address of the Complainant to which all notices and other documents may be mailed;
B. A detail of facts, witnesses and/or special circumstances related specifically to the summative performance rating of ‘Unsatisfactory’ or ‘Ineffective;’
C. A statement of the relief desired.

SECTION V.
HEARING AND DECISION
Upon timely written request, the CHRO will notify the Complainant of receipt. The CHRO or designee will have up to 20 business days to review the appeal. The review may consist of interviewing the complainant and person(s) with direct knowledge of information relating to the appeal. Upon completion of the review, the CCSD PSC will conduct a review and render a final decision. The CHRO will notify all parties in writing of the final decision within five business days of the review date.

SECTION VI.
REPRISALS PROHIBITED
No certified personnel will be subjected to reprisals as a result of filing any complaint under this Policy. Any reprisals may be referred to the Georgia Professional Standards Commission.

APPROVED: July 15, 2021