Excerpts from a contract agreement between the school district of Rochester New York and the Rochester Teachers Association, 1992-1996

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THE
CONTRACTUAL AGREEMENT
BETWEEN
THE CITY SCHOOL DISTRICT
OF
ROCHESTER,NEWYORK
AND
THE
ROCHESTER TEACHERS ASSOCIATION
(NYSUT/AFr • AFL/CIO)
JVL Y 1, 1992 • JUNE 30, 1996


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SECTION 37
OBSERVATION ANI> EVALUATION


The following shall govern all teacher ohservatiolls and evaluations:

I.
Evaluations and ohservations shall he made hy personnel assigned to a position which
includes responsihilities for the evaluation and ohservation of staff.
Final evaluations of a teacher must he hased upon at least one or more ohservations
conducted hy one or more memhers of the City School District staff.

2.
By the end of (ktoher, or within two (2) months of a teacher's beginning service, the
administrator or his/her designee shall:
a. Inform the teacher of the purpose and procedures used in the evaluation of
teachers prior to ,my evaluation.
h.
Review the forms used in the evaluation process.
].
All ohservation of work performance of a teacher shall he conducted openly, with full
knowledge of the teacher. The use of puhlic address or audio systems and similar
surveillance devices shall not he used for this purpose.

4.
The formal ohservation hy huilding Jt:\'el personnel will he for a teaching segment of time
no less than thirty (3() minutes.
a. Formal ohservations hy huilding level personnel shall be reduced to writing
and delivered to the teacher ohserved within five (5) days of the date of ohservation. In
addition, a conference will be provided upon request of either party. The formal ohservation
may he amended hy the huilding level personnel at the time of the conference.
h. Formal ohservations hy huilding level personnel of non-tenured teachers unless
waived hy the teacher concerned shall he a minimum of three (3). The first ohservation shan
be no later than November 15; the second to take place between November 16 and January
15; and the last to take place hetween January 16 and March 15.
5.
A teacher shall he given a copy of the final evaluations prepared by his/her supervisor upon
request. No such report shall be suhmilled to central administration, placed in a teacher'S
file or otherwise acted upon without prior conference with the teacher. A teacher will he
entitled to have a representative of the Association present with him/her at the conference.
6.
Final ohservations will be submilled to and discussed with the .. teacher no later than April 15
unless the April 15 deadline is waived hy the teacher concerned. Such final evaluation
forms shall become part of the teacher's personnel file.
7.
Alt observation and evaluation forms shall require the signature of the evaluator or ohserver
and the teacher. These standard forms shalt contain the statement '" have read and (do/do
not) agree with the ahove," followed hy space for the teacher's signature.
The teacher shall also have the right to suhmit a wrillen reply to such material and allach it
to the file copy.

3()

8.
No ma!eri~1 derogatory to a teacher's conduct, service, character or personality sh,,11 be
placed m Ius/her pers~mnel file. unl~ss the teacher has signed such material indicating he/she
has had the opportunity to review II. This clause shall not apply to;

a.
Reference information supplied hy furmcr employers.
h.
Reference information supplied hy cnlleges and universities.
c.
Reference information as required hy the local prumotional procedure.
The tea~her shall also have the right to suhmit a writtl'n reply to such material and attach it

to the file wpy.

9.
No obs~rvati()n or evaluation form of any kind shall become part of a teacher's personnel file
unless II has met the ahove conditions.

10.
a. . A teacher shall have the right upon request and hy appointment to review the
contents of his/her personnel fi!e where~er maintained except information supplied hy
reference so~rces. A t~acher WIll be entllled III have a representative of the Association
accompany hnn/her durmg such review.

,b. No a~ency or group or Association representatives shall have access to a
teacher s personnel fde (wherever maintained) without prior consent of the teOlcher.

c, The Distri.ct shall maintain a list which shall \lecome part of the persunnel file
of all J?Cr~0!lnel who review the teacher's personnel file, which list shall cuntain the name
of the mdlvld~al and .the d.ate r~viewed. An individual not known to the custodian of the file
shall be reqUlr~ to Ide~tlfy himself/herself prior to gaining access to the file. No access
excep! as prOVided' herem to a teacher's personnel file shall be permiued.

It.

No individual?r group.(other than those designated in §37.1 of this Agreement) sll:lll enter
a classroom Without prior consent of the principal.

12.
A teacher may request. an ohse.rvation or evaluation he made oy an appropri,lIe ('entr ..1()Ilin:
staff member at any lime durmg the school year.

SECTION 38
DISCIPLINE AND DlSCIIARGE
NON-TENURED TEACIIERS


I,

Discipline and Discharge -Probationary Teachers (1st and 2nd years only)

a.
Eligibility
The provisions of this clause shall apply only to prohationary te..chers· in the
first, (1st) or second (2nd) year of the prooationary period or as provided in

Secllon 55.

b.
Discipline
(I) No eligihle teacher within the hargaining unit shall be
disciplined without good and sufficient calise.
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(1) Disciplinary action or measures may include hut not Ile limited
to the following:
(a) Oral reprimand
(h) Written reprimand
(c) Suspension (with or without pay)
(d) Discharge
Any disciplinary action or measure imposed may Ile subject to the grievance
procedure up to and including Level Three. except that in the case of such
action against a non-tenured teacher which is based on the results of a regular
evaluation. the provisions of this section shall not apply.

c. Discharge
The discharge of a probationary teacher during the first two (2) years of
service which is based upon the result of a regular evaluation shall he
governed by §3031 of the Education Law except that nothing in this clause
shall Ile constructed to deny said probationary teacher the opportunity of
discussing the dismissal with any appropriate supervisory personnel.

2. Discipline and I>ischarge -Probationary Teachers (3rd year only)
a. Eligibilit y
The provisions of this clause shall apply only to probationary teachers in the
third (3rd) year of the probationary period.

b. I>iscipline
( I) No eligible teachers within the bargaining unit shall Ile disciplined
without good and sufficient cause.
(1) Disciplinary action or measures may include. but not be limited to the
following:
(a) Oral reprimand
(b) Written reprimand
(c) Suspension (with or without pay)
(d) Discharge
(3) Except as specified elsewhere in dlis Section. any disciplinary action
imposed tipon any eligible teacher may be processed as a grievance through
dIe regular grievance and arbitration procedure.
c. Discharge
(I) No eligible teacher widlin the bargaining unit shall be discharged
without good and sufficient cause. If the City School District determines that
dlere is good and sufficient cause for discharge. the teacher and the
Association shall Ile nll!ified in writing. Such notification shall also include
whedler or not the teacher has Ileen suspended with payor without pay.
Suspension without pay prior to discharge shall not exceed a maximum of
sixty (60) paid days. Such notification shall be at least dlirty (30) days prior
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to the Board meeting at which such recommendation is to Ile considered. and
the date of the Board meeting at which it is to be considered. Not later than
twenty-one (21) days prior to such meeting. the teacher may request in writing
that he/she be furnished with a statement giving the reasons for such
recommendation and within seven (7) days after receipt of such request. the
District shall furnish such wrillen statement. Such teacher may file a written
response to such statement widl the District clerk not later dIan seven (1) days
prior to the date of the Board Meeting.

(2) If the Board sustains the recommended discharge. the teacher may
widlin ten (10) days of dIe Board determination file with dIe District a Notice
of Intent to arbitrate the mailer.
(3) If the teacher fails to notify the District within the allolled ten (It» day
period or if the teacher voluntarily waives the right to appeal to arbitration.
the decision of the Board shall stand.
(4) All arbitration procedures shallile governed by dIe arbitration section
of this Agreement and by the applicahle provisions of Article 75 of the Civil
Practice Law and Rules. .
SE(:TION 39
DISCIPLINE AND DISCHARGE
TENURED TEACHERS ONLY


I. Eligibility
The provisions of this clause shall apply only to tenured teachers.

2. Discipline
a. No eligihle teachers within the bargaining unit shall Ile disciplined without
good and sufficient cause.
b. Disciplinary action or measures may include hut not he limited to the
following:
( I) Oral reprimand
(2) Wrillen reprimand
(3) Suspension (with or without pay)
(4) Discharge
c. Except as specified elsewhere in this section. any disciplinary action imposed
upon any eligible teacher may be prncessed as a grievance through the regular grievance and
arbitration procedure.
3. Discharge
a. No eligible teacher within the hargaining unit shall be discharged without glKld
and sufficient cause. If the City School District determines dlat there is gOlld and sufficient
cause for discharge. the teacher and the Association shall be notified i~1 writing. N~)tification
shall also include whether or not the teacher has been suspended wldl payor wllhout pay
pending an investigation and recommendation by the Superintendent to the Board of
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Education. Suspension without pay after such initial not in: and prior to determination under
the hearing or arbitration procedures set forth helow shall not exceed a maximum of six~

(60) paid days. Within seven (7) days of Ihe initial notice. the SuperilllendellI of Schools
shall lIle with the clerk of the Board of Education a wrillen statement of charges. Upon
receipt of said charges. the clerk of the Board shall illlmediately nmify the Board. Within
five (5) days after receipt of the ch:trges. the Board shall meet in executive session u.
determinl!. by a majority of thl! Board of Educalion. whethl!f probable cauSI! exists 10 pursue
the recommended discharge. If the Board determines that probahle cause does exisi. a
wrillen statement specifying the charges in detail. and outlining the options available under
Ihis Agreemelll and under §3U20-a of Ihe Education Law shall he immedialely forwarded u.
Ihe leacher by cerlified mail. Within ten (10) days of receipt of the statement of charges.
the employee shall nmify Ihe Cily School t>istrict whether he/she desires to pursue (llle of
the following procedures:
( I ) 'No hearing
(2) Panel hearing -§302ll-a procedure
(3) Arbitration -CIlllIractu:11 procedure
b. Failure of the employee to notify the clerk of his/her desire for a hearing
widlin ten (IO) days of the receipt of charges shall he deemed a waiver of rigills to a hearing
or arhilration.
c. If the employee waives his/her right to the procedure provided in this
AgreemellI. the Board of Education shall proceed within fifteen (15) days. by a majority Vult
of all members of the Board to determine the case and tix the penalty or punishmellI.
d. It is understood dlat once the employee chooses one of dIe ahove procedures
he:/she: shall he hound hy the procedure chosen and shall not he permille:d to pursue: JIlOlt
than one procedure.
e. If the teacher chooses to pursue the statutory pfllcedure. all applicahle
provisions of §3020-a shall apply.
f. If the teacher chooses 10 pursue Ihe arhitration procedure all applicahle
provisions of the arhitration section of this Agreement and the provisions of Article 15 of tht
Civil Practice Law and Rules shall apply.
SAVINGS CI.AllSE

This Agree:melll and all provisions herein arc suhjeclto all applicahle laws. In the event :tII)'
provision of this Agreement is held to violate such laws. said provisions sh:11I nol hind either of Ihe
parties but Ihe remainder of this Agreemelll shall relllain in full force ami effect as if the invalid
provision had not heen a part of Ihis Agrel"llIenl.

SECTION S6
INTERVENTION, REMlmlATION ANI) PR(WESSIONAI. SlJPPORT


The IlIIervention and Remedialion component of Ihe CIT Plan is de:signe:d III offer all
available resources 10 help improve the perlimllance of experienced te:achers who are: having serious
difficulties in the performance of their professional dUlies.

A teacher can he recommended in writing for Imervention and Remedi,lIion hy a huilding
principal. other appropriale supervisor or leacher conslitllency of Ihe School-hased Planning le,nn
meeting as a separate group. Such wrillen reconnllendatioll is appropriate when :1 teacher's
performance is less than satisfactory. It is expecled that such recommendation shall he initiated after
reasonable efforts have been made to assist Ihe leacher. The refemll 1(lr Imervemion anti
Remediation may collIain a recommendalion as to a plan for remedi,lIion and indic:ue whether a
withhold of all or part of the total next salary increase or any olher action is warramed.

In acting upon the wrilleil referral. dIe Panel may avail 10 dIe referred teacher. and to Ihe
building principal and/or other appropriale supervisors. an opportunity to :Ippear hefore the panel
or its representatives 10 provide information germane to the rcconunendalion.

Ifthe Panel votes to acceptlhe referral. Ihe ",mel shall prescrihe a plan of remediation which
may include. but is not limiled to. assistance by a Ie:ld teacher. mandatory in-service. or other
professional studies. participation in the EAr. etc. The Panel shall have the authority to impose full
O[ partial salary widlllOld during the period of remediation and illlervelllion. When a reler!'al of a
teacher raled ·unsatisfactory· is supported hy the CIT Panel review. full salary wilhhold shall he
automatic.

The delermination. reasons dlerefore. the remedial plan. and the decision concerning salary
withhold shall be provided in writing to Ihe Superintendent of Schools. the le'leher. :lIId 10 the
huilding principal. or appropriate supervisor. .

The plan for remediation will be implemellled under Ihe direction of Ihe CIT Panel. The
plan will provide for the development of specific performance. and profl!ssional goals.

Teachers participating in Intervelllion and Rl!medialion will CIlntinue 10 receive assistance
ulllil dIe CIT Panel determines that no further assistance is needed or would he productive. or until
dIe teacher in ImervellIion and Remedialilln no longer wishes to participale. The duration of the
Intervention and Remediation program for any onl! teacher shall nlll extend heyond the start of one
third full semester from dIe date of the initiation of Ihe assistance program.

Teachers in Intervention and Remediation shall receive copies of all stalus reports and will
have dIe right to a\tach and submit a wrillen reply 10 the status report forms suhmilled to Ihe CIT
Panel by the lead teachers.

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The CIT Panel will review all status reports and other information that may he suhmilled to
the Panel. If the determination of the CIT Panel is that Intervention and Remediation was
successful. the CIT Panel will issue a report. in writing. to the Superintendent. the RTA President.
and the teacher in Intervention.

Participation in Intervention and Remediation is volunt.uy on the part of the referred teacher.
The Panel's determination relating to full or partial sal.try withhold and/or any sanction shall he
suhject to the grievance procedure ClIntained in Section 14. If a teacher refuses Intervention and
Remediation. nothing herein shall pruhihit the District from proceeding with further disciplinary
action after that refusal.

If the determination of the CIT Panel is that Intervention is not successful. the CIT Panel will
issue a report. in writing. to the Superintendent. the RTA President. and the teacher in Intervention.
Evaluation and/or discipline procedures. as outlined in sections of the current Contractual
Agreement. may then he instituted.

It is understood that the Panel's determination. reasons therefore. and testimony concerning
that determination shall be made availahle during all stages of the grievance and arhitration
procedure.

The Panel shall develop written procedures for this referral. intervention. and remediation
program.

Professional Support

The District and the Association recognize the need lilr more accessihle and more immediate
peer assistance and support. To that end. the parties agree to estahlish a formal Professional Support
program with the following features:

a. Professional Support may be recommended by a colleague. a huilding representative.
or a huilding administrator hut access to Professional Support is by self referral only.
Participation would be voluntary.
h. Participation in Professional Support activities will not he reflected in any personnel
materials unless the teacher includes such references.
c. Support shall be provided hy other Professional and Lead Teachers as indicated hy
the CIT Panel.
d. Support may include. hut shall not be limited to. counseling. ohservations of others'
classes. demonstration lessons hy lead teachers. in-service courses. workshops and
conferences.
e. Participation in Professional
IllIervelllion Service.
Support activities shall not prevelll referral for
r. Formal participation in Professional Support activities shall he limited to two full
semesters.

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