If someone is on a performance improvement plan (PIP) and their evaluator has rated them unsatisfactory, the district can decide to place someone on probation, as long as state law and the collective bargaining agreement are followed. The probationary process is when the district believes performance is unsatisfactory or not meeting the performance schedule and implements interventions to assist with performance. They will closely monitor and document the performance to determine if the certificated employee has progressed in their practice to become proficient. If an employee is not proficient in all domains at the end of probation, the district can move to non-renew the employment contract. Below are frequently asked questions regarding probation and will assist with understanding the process.
Under what conditions is an employee placed on probation?
If an employee has an unsatisfactory evaluation, he/she is placed on a Performance Improvement Plan (PIP). The purpose of the PIP is to identify specific areas within the Danielson framework where the employee is considered unsatisfactory and present strategies to address those concerns along with identifying pieces of evidence and resources. Employees are allowed to give input into the PIP and the length of the PIP is determined by administration. At the end of the PIP time frame, if the administrator continues to rate the employee as unsatisfactory, the district can move to place the employee on probation.
How long is probation?
State law mandates at least sixty (60) student school days. Breaks and professional development days do not count towards the sixty days.
How early can someone be placed on probation?
The superintendent may, at any time after October 15, place an employee on probation if his/her performance is judged to be unsatisfactory based on the Evaluation Criteria.
What does the administrator have to do before placing someone on probation?
There must be at least two observations before winter break and an Evaluation Form completed no later than January 15.
Who places employees on probation?
The administrator makes the recommendation to the superintendent to place an employee on probation. The superintendent will then make the decision if probation will occur.
What happens to the PIP while on probation?
The law requires that at the beginning of probation the employee will be provided with a draft of the specific and reasonable program for improvement pursuant to RCW 28A.405.100. In our district, the PIP serves this purpose. The employee will meet with the principal/supervisor within five (5) working days following the receipt of the draft plan for the purpose of discussing and providing input to the plan. The principal/program manager has the responsibility to complete the final plan. The principal/program manager will provide the employee with the final plan within five (5) working days after that meeting. Any objection to the plan will be made at the time the final plan is provided to the employee. If there is a disagreement, an SEA representative will collaborate with a designee of the Chief Academic Officer to develop the parts of the plan in question.
What are the expectations of the evaluator?
During the probationary period, the evaluator shall meet with the employee at least twice monthly to supervise and make a monthly written evaluation of the progress made by the employee.
Will anyone else evaluate me?
Yes. The district will have a second evaluator from outside your school to visit your classroom multiple times to observe and critique your performance. The information collected through the second evaluator will also be used by the district to evaluate your performance at the end of probation. Second evaluators are current or retired SPS administrators.
In addition, WEA will provide an expert witness to observe your performance and assess your performance. This assessment of your performance will be used by SEA to advise or advocate on your behalf. Expert witnesses are specialists within their field and SEA usually provides a match in specialty for both the expert witness and member. Expert witnesses are usually professors, retired administrators, or current and retired certificated professionals that have demonstrated a strong understanding of their subject matter outside of the district.
How can I get off probation?
The probationer may be removed from probation if he/she has demonstrated improvement to the satisfaction of the principal/program manager in those areas specifically detailed in his/her initial notice of deficiency and subsequently detailed in his/her plan of improvement.
Upon recommendation of the evaluator, the superintendent may remove the employee from probationary status if satisfactory performance improvement has been observed and documented.
What happens if I am still rated below proficiency at the end of probation?
The district can move to non-renew your contract with the district. If this occurs, you will have an opportunity for a hearing with the superintendent to defend your performance and address any procedural errors. If the district chooses to not reverse its decision, you have the opportunity to a statutory hearing with a hearing officer to present your case against the district.
How will WEA and SEA support me through probation?
SEA will assign a UniServ Representative to advocate for a fair PIP that is reasonable, objective, and measurable. In addition, the UniServ Representative will also advocate for any other supports necessary, represent members at pertinent meetings, and provide guidance to help the member in successfully completing probation. We will provide a qualified expert witness to evaluate your performance and give feedback. If you are non-renewed by the district, with your permission, WEA legal will review your case and determine if it is meritorious to move forward with a statutory hearing and provide an attorney if it is approved. You must have signed a membership form in order to receive any legal services.
Long Term Leave Without Pay:
Do you plan to take a long-term leave without pay next year? If you plan to take a year of non-paid leave for 2013-2014 notification in writing is due to Human Resources by March 1. The contract allows members to take a year of non-paid leave for professional growth, education, employment opportunities (except teaching in another school district, state, or foreign country), serve public office, travel, and any other reason that is not covered in the contract. This leave is applicable for only one year, unless there is a valid exception (i.e. Peace Corps).
To be eligible for leave, you must have worked in the district at least two full years immediately prior to the request for leave. The leave is also available for any FTE status. However, people on a plan of improvement, probation, or currently subject to discipline are ineligible for this type of leave. You must intend to return back to the district and will return to the same position held before the leave. After the leave is granted, the employee must contact the district in writing by March 1 of the year they are out on leave if the intent is to return back to work in the district. Failure to send notification will constitute resignation.
More information regarding long-term leave without pay is available in the contract under the Other Long-Term Leaves Without Pay section, which is located under the Leaves article in each of our SEA contracts.
