Last fall we wrote about an alarming development where the Department of Education was bringing incompetence charges against tenured teachers in dismissal hearings who have never been rated ineffective. The teachers had been rated developing. The union said that a developing rating would only lead to a Teacher Improvement Plan. They never hinted that teachers would face dismissal if rated developing.
Two people contacted me this past weekend about challenging developing ratings through the appeals process. While I make no claim to be any kind of expert on the current teacher evaluation system or the one going into effect in the fall, I see nothing that says we can appeal a developing rating. I don't know if there is anything that says we cannot either.
I put this out to our readers: Does anyone know if a developing rating has been appealed?
Can we set a precedent?
If the DOE is violating the spirit of the education law by charging people with developing ratings with incompetence in dismissal hearings, then certainly we should be able to appeal these ratings.
It seems the DOE has been given a double victory here. For teachers rated ineffective twice, the burden of proof is on the teacher to prove they are not incompetent in dismissal hearings. These teachers are guilty until proven innocent. At the same time the DOE is still charging people with incompetence the traditional way, with the burden of proof on the Board of Ed, who have never been rated ineffective.
Don't you wish you had a union that wouldn't stand for this?