REMEDIATING INADEQUATE PERFORMANCE
Of Probationary and Contract Teachers
April 13, 2015
Nancy and Brian Hungerford
THE HUNGERFORD LAW FIRM
I.
OBJECTIVES AND INTRODUCTION
* Administrators will know how to implement the evaluation process
in compliance with legal and contractual requirements.
* Administrators will be able to focus the evaluation process on
teacher skills and practices that enhance student achievement.
• Administrators will understand the basic requirements for data
collection to support judgments about meeting/ not meeting standards
* Administrators will be able to develop and implement an
appropriate Plan of Assistance when less structured remedial efforts are not
successful.
SCHEDULE
9-10:15
Basic knowledge of law, collective bargaining requirements.
and procedures
10:30-noon Basic skills in observing, other data collection, feedback
Initial remedial steps
12:30-2:15 Developing plans of assistance
Conferencing regarding initiation of POA
2:30-3:30
Implementing the POA to ensure success
Anticipating roadblocks and detours
3:30 --
Additional individual or small group assistance
1
HOMEWORK #1:
Describe in one paragraph your biggest performance
concerns:
PROBATIONARY TEACHER: _____________________
_______________________________________________
_______________________________________________
_______________________________________________
Standard(s) closely aligned?________________________
CONTRACT TEACHER __________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
Standard(s) closely aligned?________________________
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II.
LEGAL AND CONTRACTUAL REQUIREMENTS
A. O.R.S. 342.815 and .850
• Definition of a Program of Assistance for Improvement
• The “regular evaluation process”
• The process when deficiencies are noted
B. O.R.S. 856 (S.B. 290) and the Framework
• Impact of new standards and Matrix
• Integrating student L&G goals with evaluation for struggling
teachers
C.
Your collective bargaining provisions for teachers
• “Employee Evaluation” article
• “Programs of Assistance for Improvement”
• Representation rights in the evaluation process
• Personnel files and working files
• Complaint Procedure
D.
Additional requirements in your Evaluation Handbook
• Frequency, timing of observations and evaluations
• Requirements for feedback (oral and/or written)
• Additional steps if deficiencies are identified?
3
HOMEWORK #2:
What does your COLLECTIVE BARGAINING
AGREEMENT and EVALUATION HANDBOOK say?
• FREQUENCY/KIND OF OBSERVATIONS ______________________
____________________________________________________________
• FREQUENCY/KIND OF CONFERENCES ABOUT PERFORMANCE:
____________________________________________________________
• GOAL SETTING FOR PROFESSIONAL
PRACTICE/RESPONSIBILITY?
____________________________________________________________
• ANY PRE-CONDITIONS TO A PLAN OF ASSISTANCE?
____________________________________________________________
• REQUIREMENTS REGARDING A PLAN OF ASSISTANCE?
____________________________________________________________
____________________________________________________________
____________________________________________________________
• RIGHT TO APPEAL A DISMISSAL OR NON-RENEWAL DECISION?
____________________________________________________________
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III.
GOAL-SETTING TO ENHANCE STUDENT ACHIEVEMENT
A. How do Student Learning and Growth goals relate to your
concerns about teacher performance deficits, known or
suspected (if at all)?
RECENT SL&G GOAL AREAS:_____________________
________________________________________________
RELATED PP/PR GOAL AREAS: ___________________
________________________________________________
________________________________________________
B. Goal-setting in Professional Practice and/or Professional
Responsibilities
May be connected to SL&G goals or completely separate
May be administrator-directed
May focus on adult-adult relationships and communication
EXAMPLES
 Ask teachers to develop at least one goal in professional practice
that will address the challenges in reaching a SL&G goal, based on
preliminary data collection, classroom observation.
 Ask teachers to focus on skills in organization, leadership in
collaborating with parents, other staff, classified employees
 Write a goal to address observed impediments to success for lowachievers (i.e., lack of positive reinforcement, low expectations for
student work, lack of engagement, etc.).
 Write a goal to address instructional practice with high achievers
who may not be challenged by regular instruction.
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IV.
INITIAL REMEDIATION STEPS
A.
Observations of Performance: Classroom Observations
1. Initial observations
• Can be a formal observation (pre-scheduled) OR several miniobservations or an informal observation of 20-30 minutes
• Review prior evaluation, goals to determine area(s) of focus
• Review your areas of concern, based on all information you have
• Determine best opportunity (class, time of day, activity) for
gathering useful information
• Review lesson plans for the week/unit to determine where this lesson
fits in.
• Choose an observation time based on your questions about
effectiveness (test scores in certain subjects, classes with many ESOL
students, etc.)
• Determine in advance your data gathering method(s):
Anecdotal (but focused):
On-task data collection:
Selective verbatim:
Interaction analysis (focused):
Other:
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OBSERVATION REPORTS: TITLE 1 READING SPECIALIST
Your concerns about the Title I Reading Specialist have included (1)
lack of individualized instruction, (2) lack of varied and appropriate
activities, and (3) failure to assess pupils’ progress daily and to reteach
as necessary. You ask both assistant principals to do drop-in
observations and write up observation reports to use in conferencing:
“The classroom was disorganized and you couldn’t find materials you were
looking for. You attempted to provide an anticipatory set, but it didn’t come
off. You failed to provide any individualized instruction. It didn’t seem to
me that the students understood the direct instruction, but you didn’t try to
reteach. They appeared bored with the lesson, probably because you didn’t
use any activities except the workbook. The students weren’t behavior
problems, but they didn’t seem involved in the lesson.”
- Doris Knight, Assistant Principal
“I entered the classroom at 9:05. Seven students were seated at two tables.
You were looking through piles of paper on your desk. At 9:08 you told
students that they were to turn to page 15 in their workbooks. Several
students said they had not brought their workbooks with them, so you went
to a filing cabinet and after a few minutes found additional workbooks for
them. You placed the letters “c”, “ch” and “k” on the board and asked
students to sound them out. You then wrote a number of words on the
board, including “cease” and “cedar” and asked students to pronounce
them. Some students attempted to pronounce the words with a hard “c”
sound; others gave correct pronunciation. You asked students to think why
the “c” was pronounced like an “s” in these words. None of the students
came up with the correct answer, so you supplied it.
“You then told students to do pages 15-16 in their workbooks and you would
come around and correct their pages when they were through. Students
were quiet, but two of the boys were doodling on pieces of paper and stating
around the room. When Esther raised her hand, you got up from your desk
and answered a question for her. Several students finished the pages in five
minutes. The other students were still working when you told them to get
ready to go back to their classroom. The students left at 9:25.”
--Donna Dey, Assistant Principal
What suggestions will you give to Dey and Knight about their
observation techniques and observation summaries?
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2.
Setting the stage for the next observation/data gathering:
--“I’d like to see another lesson from later on in this unit. . .”
--“I see from your lesson plans that you are planning a cooperative
learning activity in this same unit for Thursday. I may drop in. . .”
--“I’m going to plan to do a drop-in observation sometime in the next
month. I’ll be specifically looking to see you use the strategies we’ve
talked about to bring all students to attention before proceeding, and
reducing the “down time” during the period.”
--“I would like to see the final papers the students produce as a result
of this writing project, after you have scored and graded them”
--“We’ve talked about your overall plans for this unit, some things
that went well and other things that didn’t. I’d like to see how you
revise your lesson plans based on this first day of instruction and also
see how you’re going to differentiate instruction.”
3.
Planning for a subsequent observation(s)
--Generally plan to do a drop-in observation for most of the period.
--If the first observation was satisfactory, plan to see the teacher in a
different class, subject matter, or instructional format.
--If first observation was unsatisfactory, plan a return in a few weeks
--If the first observation was unsatisfactory in some respect(s), do a
second observation with the same class, same subject matter, same
activity and tell the teacher you want to see implementation of 3-4
suggestions or directions you have given in the first post-observation
conference.
--If continuity or sticking to the curriculum is an issue, drop in the day
after a formal observation to see if the next day’s lesson is comparable
or there is a “let down” or disconnect.
--If there’s a specific concern such as teacher not interacting with
students, lost time at the beginning or end of classes, etc., plan a
number of five- or ten-minute drop-ins, with a consolidated
observation report.
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4.
Writing the classroom observation report
--Note the data, class period (or time of day), number of students in
class, and any unusual situations.
--Include an objective summary of the events of the observation
period.
--Include a section of analysis and judgment about how the teaching
performance met or did not meet specific District standards.
--Include specific suggestions for improvement.
--Recognize areas of strength or good performance, but be sure that
the overall tone and impression is not misleading to the teacher.
--Attach your actual in-class notes or make them available if you do a
short summary observation report.
--Provide your observation report either as a draft, or write in changes
if teacher brings additional information to you.
--File observation reports in your working file but attach to final
evaluation (or have a system good enough to maintain them for years).
B.
Observations in non-classroom settings
•Let the teacher know that you may be observing in non-classroom
settings as needed to determine performance on some standards
• Examples: IEP meetings, PLC and other small group staff
meetings, parent meetings
• Prompt feedback is a must
• Use email to identify major points and invite a meeting
• Keep in working file along with other data
C.
Other data collection
• Use verified complaints that have been processed through the
complaint procedure
• Use file reviews (IEP files, grade books, communications with
parents)
• Review selected lesson plans, corrected and graded student work
• Give feedback, ask for corrective action
9
HOMEWORK #3:
Given performance concerns identified in #1, in the next
observation WHAT SPECIFIC DATA WILL YOU
FOCUS ON AND HOW WILL YOU GATHER IT?
Standard Descriptor #1: ___________________________
_______________________________________________
_______________________________________________
Observation Method?_____________________________
Standard Descriptor #2: __________________________
_______________________________________________
_______________________________________________
_______________________________________________
Observation Method?______________________________
_______________________________________________
Other types of Data Gathering_______________________
_______________________________________________
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HOMEWORK #4:
V.
SIGNALING AN “ESCALATION OF CONCERN”
A. Clearly communicating, “This lesson did not meet standards in the
following areas.”
B. Revising, adding “directed goals”
_____________________________________
_____________________
_____________________________
_____________________________
_____________________________
C. Involvement of Association at this point? Representation rights?
D. Assistance at this point?
E. Addressing potential need for POA
F. Be prepared to defend your level of concern and specific concerns
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VII. WRITING THE EVALUATION
A.
Make a statement about whether the teacher met all District
standards:
“In his first probationary year, the focus of the evaluation was Jerry’s
success in meeting District standards on classroom management, lesson
planning, and instructional techniques. He met standards on lesson planning
and instructional techniques. Based on my four observations, especially the
observations of 12/5 and 2/7, Jerry does not consistently meet our standards
on classroom management; he needs to keep students on task throughout the
class period and to enforce his classroom rules from the very beginning of
the class period, so that students are immediately brought back to task.”
“Julie is a veteran teacher who continues to meet all District
standards. Julie excels in motivating students and in establishing
relationships with many at-risk students. During this evaluation period, I
gathered information particularly about her assessment strategies and
activities. While she meets standards in this area, I would like to see her use
the results of her daily and unit assessment more to shape subsequent
instruction so it meets the needs of the diverse learners in her classrooms.”
B.
Make a statement about progress on goals, but don’t forget the
standards!
C.
Make a statement about areas for improvement and growth with
specific suggestions.
D.
Determine numeric ratings for each area of PP/PG standards.
E.
Determine numeric ratings for Student L&G goals.
Complete Matrix; determine final rating
Determine Professional Growth Plan model for next evaluation period
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CASE STUDY: CONTRACT TEACHER (MIDDLE SCHOOL
SPECIAL EDUCATION)
Eleanor R____ is finishing her fourth year as a special education teacher in
the district, assigned to a middle school as a Resource Room teacher.
During her first year the principal’s evaluation said:
“Eleanor faces the same challenges all of us in special education face:
keeping up with the changes in the law and the changes in federal and state
regulations. Eleanor can continue to improve in writing PLOP’s (Present
Levels of Performance), annual goals, objectives and the other aspects of the
IEP process.”
During her second year, as the result of the ODE special education audit, she
and other teachers were given a list of corrective actions to be taken to
ensure that her record-keeping met state requirements. Her principal noted
in her evaluation that she was “gaining a better understanding of the laws
and regulations which govern special education,” but stated that “Eleanor
must become more involved with regular ed language arts and math
teachers so as to teach those skills needed by students to meet proficiency
standards by 8th grade, if possible.”
In her third year, a new special education coordinator was assigned to work
with Eleanor; the coordinator provided very close supervision and much
assistance and saw growth. Eleanor was marked as meeting all performance
standards, but it was noted that “Eleanor has made progress but continues to
struggle in meeting all legal requirements and record-keeping requirements
for IDEA. Eleanor must ensure that IEP goals and instruction in reading,
writing and math are tied to state requirements.” Eleanor was moved to
contract status.
In her fourth year, Eleanor wrote Student L& G goals as follows: “(1) To
create a safe classroom environment that meets the needs of students with a
variety of learning differences (ED, LD, ADHD, Asperger’s) and to promote
their ability to focus attention on academic issues. (2) To use regular data
collection to assess students’ progress and to modify instruction to enhance
student progress on IEP goals, especially those related to state curriculum
requirements.
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In keeping with your District practice, Eleanor also wrote this PP/PG goal:
To increase parent volunteer time in my classroom, including recruiting and
training volunteers.
In October of the fourth year, Eleanor was notified by the principal of
concerns about her in-classroom performance: “This fall I will observe you
teaching both informally and formally and offer specific suggestions for
improvement; we may need to discuss a plan of assistance for
improvement.” Also beginning in October, the director began checking
some of Eleanor’s more recently written IEPs and communicated in a note
that they did not meet expectations for goals and objectives and “at least
informal measurements of student progress.”
The principal observed that much of students’ time in the Resource Room
was used to complete homework from other classes. The principal noted, in
several drop-ins, that Eleanor was reading at her desk or working on her
computer, while the students were working independently or with an
instructional assistant. The principal wondered whether any data was being
kept about progress on IEP goals.
What steps should be taken, by the principal and special education
coordinator, to document and utilize data-gathering in the areas of
concern?
Can anything be done about the Student L&G goals now? What should
happen now and at the end-of-year L&G goal conference?
Knowing that Eleanor does not typically agree with any criticism of her
teaching or record-keeping, what steps will the administrators need to
take to be ready to move to a Plan of Assistance if they do not see any
improvement occurring in the next few weeks?
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RAGING RIVER SCHOOL DISTRICT
PROGRAM OF ASSISTANCE FOR IMPROVEMENT
Teacher: Eleanor R____________
Date: ________________
Assignment: Middle school resource room
STATEMENT OF AREAS NEEDING IMPROVEMENT
1.
Student Instruction
Eleanor does not consistently plan and implement specially
designed instruction that is linked to completion of goals on the IEPs,
especially goals tied to academic achievement, and does not maximize
the use of direct instruction while students are in the Resource Room.
2.
Meeting Legal Requirements and Record-Keeping
Eleanor’s files do not consistently meet all of the requirements of
IDEA, as required forms are often missing or incomplete, the PLOPs on
IEPs are often too vague to guide planning of goals, and the goals and
objectives are not measurable or specific. Regular progress reporting,
based on data collected regarding progress on the goals, is often missing
or inadequate.
EXPECTATIONS:
1.
Student Instruction
a.
b.
c.
d.
e.
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2.
Meeting Legal Requirements and Record-Keeping
a.
b.
c.
d.
e.
ASSISTANCE TO BE PROVIDED:
HOW SUCCESSFUL COMPLETION WILL BE MEASURED:
TIMELINE:
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RAGING RIVER SCHOOL DISTRICT
DRAFT
PROGRAM OF ASSISTANCE FOR IMPROVEMENT
Teacher: Eleanor R____________ Date: ________________
Assignment: Middle school resource room
STATEMENT OF AREAS NEEDING IMPROVEMENT
1.
Student Instruction
Eleanor does not consistently plan and implement specially
designed instruction that is linked to completion of goals on the IEPs,
especially goals tied to academic achievement, and does not maximize
the use of direct instruction while students are in the Resource Room.
2.
Meeting Legal Requirements and Record-Keeping
Eleanor’s files do not consistently meet all of the requirements of
IDEA, as required forms are often missing or incomplete, the PLOPs on
IEPs are often too vague to guide planning of goals, and the goals and
objectives are not measurable or specific. Regular progress reporting,
based on data collected regarding progress on the goals, is often missing
or inadequate.
EXPECTATIONS:
1.
Student Instruction
a.
When writing IEPs for LD students, academic goals and
objectives will be tied to the PLOP statement regarding the student’s success
in meeting state proficiency standards in reading, writing and/or math.
b.
Lesson plans will including specially designed instruction for
each student, focused on the goal areas, for the full amount of time listed on
the IEP (cover sheet).
c.
Eleanor and the instructional assistant will spend at least 90%
of their time during each class period productively engaged in specially
designed instruction directly to students that is related to the goals.
d.
Students in the classroom shall be productively engaged in
learning activities related to their IEP goals for the amount of time specified
on the IEP. Any additional time in the class period can be used for
homework completion.
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e.
Data will be collected at least once a trimester to document
students’ progress on each of their IEP goals.
f.
This data will be used to monitor and adjust student instruction.
2.
Meeting Legal Requirements and Record-Keeping
a.
All student special education files shall include all of the
required paperwork completed in an accurate and timely manner.
b.
Eleanor will review the file prior to each student’s IEP meeting
to ensure that the files are organized and complete and will ensure that
required forms are completed before and during the meeting.
c.
Student files shall contain progress reports for each trimester,
based on objective data, for every annual goal for each student in special
education.
d.
Goals shall be written in measurable terms, and developed
using objective baseline data, for each area of need identified in the PLOP.
ASSISTANCE TO BE PROVIDED:
a.
The principal and special education coordinator will observe
instruction in the classroom at least two times each for at least the majority
of the period (30 minutes), will collect data on the Student Instruction
expectations, will share that data with Eleanor and give suggestions for
improvement.
b.
The principal will also do brief (5-10 minute) drop-in
observations to document compliance with Expectations 1 (c) and (d) above.
This information will be shared in writing.
c.
The principal and director will meet with Eleanor every other
week at a regular, mutually-agreed upon day and time, to (1) discuss file
reviews and other work products, (2) discuss observation reports, (3) share
any complaints or commendations from others, (4) answer any questions
Eleanor has about the expectations on this Plan, and (5) address any other
relevant issue brought up by Eleanor.
d.
Eleanor may choose to access peer assistance from another
member of the staff in this building or another building in the District. The
principal must approve the teacher’s choice of a peer if any District support
in the form of released time, visitations, etc. is to be approved.
e.
Eleanor will be involved in training by the Oregon Dept. of
Education about meeting legal requirements, along with other District
teachers, on __ [date] ___.
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f.
The director will review 10 of Eleanor’s files, chosen at
random, during the beginning month of the plan, and will provide a written
indication of problem areas, which the director will review with Eleanor at a
regular meeting.
g.
Eleanor will be provided two days of released time to observe
in the classrooms in our school where reading, writing and math are taught.
Eleanor shall provide a written record of her observations to the principal
and identify how she will use what she observed in her teaching students to
meet the students’ goals in the areas of reading, writing and math.
h.
The principal will consider any other request for assistance
from Eleanor during the first three months of the Plan.
HOW SUCCESSFUL COMPLETION WILL BE MEASURED:
a.
Observation reports will confirm that the expectations under
Student Instruction are being met.
b.
Log notes and records will show that students are receiving
services to address their IEP goals. These records shall also demonstrate the
effectiveness of the instruction, with adjustments as indicated by the data.
c.
Of ten (10) randomly chosen post-IEP-meeting files reviewed
at the end of November, 100% will have the required items as indicated on
the attached file checklist, and eight (8) of the 10 shall contain no major
errors. Records should be in the permanent special education file within one
week of the meeting at which the record was completed.
d.
All IEPs completed within the first trimester will show clear
baseline data, with measurable objectives which are connected to such data.
TIMELINE:
An interim progress report will be completed and shared with Eleanor on or
before _________ and a final assessment will be made by ______. Failure
to improve to a satisfactory level may result in extension of the plan or a
recommendation for dismissal.
Teacher signature________________________ Date__________
Evaluator signature ______________________
c:
Personnel file (with attachments)
Date__________
19
SUMMARY – PROGRESS ON PLAN OF ASSISTANCE
To:
From:
Date:
Eleanor R___________
_________________, Principal
_________________, Special Education Coordinator
_____________, 20__
Eleanor was placed on a Plan of Assistance for Improvement on
__________, 20___. Based on the attached observation reports, file
reviews, and other data, Eleanor has failed to meet the expectations for both
Student Instruction and Legal Compliance and Record-Keeping at a
satisfactory level:
1.
Student Instruction
With the assistance of the special education teacher at another middle
school (Jane), selected by Eleanor to provide peer assistance, Eleanor’s
wrote two new IEPs during the first month of the PAI that included PLOPs
that referenced objective data for each academic goal area (reading, writing
and/or math). The four IEPs written or revised since that time have had
incomplete or inaccurate PLOP statements, at least in part, and inappropriate
goals and objectives in the academic areas (see attached meeting summaries
for [date] and [date]).
Utilizing a day of release time during the second month of the PAI,
Jane and Eleanor wrote sample lesson plans for two of students in Eleanor’s
case load. However, when lesson plans were spot-checked during
subsequent observations, they were too general and not directly related to
the goals for each student. Some students were observed to be working in
groups on goal areas not even included on their own IEPs (see observation
reports for [date] and [date]).
During the formal (pre-planned) observation, Eleanor and the assistant
were working with students at least 90% of the period. However, during the
6 drop-in visits (ranging from 5 to 20 minutes in length), during 5 of the 6
Eleanor was observed to be working on her computer or alone at her desk
when the observer came into the room (see attached observation reports).
Students have expressed surprise and displeasure when they are required to
work on specially designed instruction in their goal areas instead of working
on homework from other classes. It appears that if an observer is not in the
room, students are allowed to work on homework instead of working on
skills identified as missing through the IEP process.
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Eleanor was given samples of three different methods recommended
by the Special Education Director for efficient collection and retrieval of
data regarding students’ progress on their IEP goals. However, Eleanor has
not used any of the methods to collect objective data that can support the
statements made in progress reports, which are often too optimistic about
attainment of goals and are not confirmed by subsequent testing. I have not
seen Eleanor consistently use objective collected data to monitor and adjust
student instruction.
2.
Meeting Legal Requirements and Record-Keeping
An outside consultant (retired ESD supervisor) reviewed 6 IEP files
with Eleanor during the second month of the PAI and helped Eleanor rewrite
the IEPs as necessary before subsequent IEP meetings. Since then, only four
IEP meetings were held (for annual IEP revisions or newly identified
students) where Eleanor was the case manager. A review of those four plus
two other student special education files selected at random during the past
month showed that three of the 6 had major errors, two of the 6 were
missing required forms that should have been included in the file, and two
other files had less serious omissions or inaccuracies (see summary of
compliance review).
Based on the above-cited evidence of lack of substantial compliance with the
expectations listed on the Plan of Assistance, I am continuing Eleanor’s plan
for another two months, to __[date], 20__. Failure to satisfactorily meet the
expectations on the plan by that date shall result in a recommendation for
dismissal.
Teacher signature ___________________________ Date___________
Principal signature __________________________ Date___________
c:
Personnel file (with attachments)
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LEGAL STEPS TO DISMISSAL – PROBATIONARY TEACHER
FOR NONRENEWAL
FOR DISMISSAL
Recommendation
From Principal to
Superintendent
By early March
Anytime
Pre-dismissal hearing
By Superintendent or
Designee?
Not necessary
Yes
Action by school
Board
Yes, with notice to
teacher by 3/15
Yes
Possible appeal
On merits of decision
School board hearing
Same
Standard
“Any cause deemed in good faith sufficient by the
board.”(ORS 342.835)
Any other possible
remedy
Possible grievance if CBA provisions not met
(such as evaluation, complaint procedure)
Arbitrator review of
merits of decision
No
No
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LEGAL STEPS TO DISMISSAL – CONTRACT TEACHER
FOR NONEXTENSION
FOR DISMISSAL
Recommendation
from Principal to
Superintendent
By early March
Anytime
Pre-dismissal hearing
by Superintendent or
designee?
Not necessary (lst year of contract)
Recommended (2nd year)
Yes
Recommendation by
Superintendent
Must list facts which substantiate one or more of
the statutory grounds for dismissal (also for
nonextension in second year of contract).
* * * 20 days between recommendation and school board action * * *
Action by school
Board
Yes, with notice to
teacher by 3/15
Yes (no
deadline)
Possible appeal
On merits of decision
None (1st year of contract)
FDAB (2nd year of contract)
FDAB
Standard
Alleged facts must be substantiated by district.
Established facts must support grounds for
dismissal.
Dismissal must not be arbitrary, unreasonable or
clearly an excessive remedy.
Any other possible
remedy
Possible grievance if CBA provisions not met
(such as evaluation, complaint procedure)
Arbitrator review of
merits of decision
No
(unless just cause applies)
No
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