Current through Register Vol. 33, No. 7, April 5, 2022
A. A school district shall adopt procedures
for permitting expedited review for the purpose of a licensed school employee
requesting an exemption from being rated during a given school year under the
school district's EES based only upon extraordinary circumstances.
B. The procedures shall require a written
appeal to be submitted to the appellate reviewer within no more than 15
calendar days of receipt of a written notice that the licensed employee's
performances deficiencies have not been satisfactorily corrected.
C. Appeals shall be received in a manner that
permits verification of the date of receipt.
D. The person who evaluated the licensed
school employee shall not be same person who receives and determines the
An exemption from the
provisions of this rule can only be granted for one school year based upon
extraordinary circumstances, which shall consist of:
(1) a licensed school employee's not having
performed services during an entire school year, excluding days out for
approved leave and school holidays or closure days, for reasons beyond the
(2) a licensed
school employee's not being able to perform services for extended periods
during a school year due to documented medical reasons of the employee or of
the employee's spouse, live-in partner or a child;
(3) a licensed school employee's not being
able to perform services for extended periods during a school year due to the
death of the employee's spouse, live-in partner or a child; or
(4) a licensed school employee's not having
been afforded a full 90 days to demonstrate growth in performance for any
reason including the employee's own illness, provided that it shall be the
employee's burden to provide verification of not being afforded the full 90
F. All decisions
on appeals rendered under this section shall be final and not further
reviewable by anyone else at the school district or by the PED.