Revision Dates:

Descriptor Code:
GBIA

Proposed Policy GBIA

We would like to hear your comments regarding this proposed policy. Additions to the policy are underlined. Deleted material has strikethroughs. Input on this item may be made to policies@gcsnc.com or via courier or U.S. mail to Policy Development, Guilford County Schools, 900 English Road, High Point, NC 27262 no later than April 19, 2004.

ACTION PLANS FOR LICENSED EMPLOYEES

All licensed employees shall maintain high levels of performance. Employees not meeting these standards are expected to raise their performance to acceptable levels, with the active assistance of the Superintendent and his administrative staff. The Guilford County Schools recognizes that Action Plans are useful tools to identify deficiencies and improve employee performance. Action Plans shall be developed and implemented as provided in this policy.

MANDATORY ACTION PLANS FOR LICENSED EMPLOYEES

Each licensed employee who receives a rating of below standard, needs improvement, or unsatisfactory on any function in the employee's performance evaluation shall be placed on an Action Plan designed to improve performance, unless the Superintendent recommends dismissal, demotion or non-renewal of the employee.

ACTION PLAN COMPONENTS

An Action Plan shall include the following components, at a minimum:

1. Problem Statement(s): Problem statements should clearly identify every deficiency which gave rise to the employee's below standard or unsatisfactory rating, and any other deficiencies which the developer of the Action Plan determines should be included.

2. Goal(s): For each problem identified, the Action Plan shall include one or more goals, which state the expected level of performance.

3. Strategies: For each goal, the Action Plan shall set forth one or more specific strategies designed to correct the identified deficiencies and achieve the identified goal.

4. Evidence of Completion: For each strategy, the Action Plan shall specifically identify the date of completion and the evidence that will be used to determine whether the employee has completed the strategy.

DEVELOPMENT AND IMPLEMENTATION OF ACTION PLANS

1. Developer: For licensed employees not in low-performing schools, the employee's immediate supervisor or designee is responsible for development of the Action Plan.

For licensed employees assigned to a low-performing school, the Action Plan shall be developed by the person who evaluated the employee or by the employee's supervisor, unless the evaluation was conducted by an assistance team or an assessment team, in which case the team shall develop the Action Plan in collaboration with the employee's supervisor.

2. Involvement of Employee: The employee who is placed on an Action Plan shall have an opportunity to provide input or suggestions prior to the implementation of an Action Plan. Ultimate responsibility for developing the Action Plan must rest with the administration rather than the employee.

3. Review of Action Plan: Prior to implementation of an Action Plan, the employee's supervisor shall submit the Action Plan for review and approval by the Superintendent, or designee.

4. Duration of Action Plan: For a licensed employee in a low-performing school who received a below standard or unsatisfactory rating on an evaluation function related to instructional duties (functions 1-7 on the Teacher Performance Appraisal Instrument (TPAI)), the Action Plan shall be designed to be completed within 90 instructional days after implementation of the Action Plan, or before the beginning of the next school year following implementation of the Action Plan, whichever is determined to be appropriate by the developer of the Action Plan.

For other licensed employees, an Action Plan shall be designed to be completed within any time period reasonably calculated to correct the employee's performance.

5. Timelines for Implementation of Action Plan: Action Plans should be implemented within a reasonable time after the employee's evaluation.

6. Modification: An Action Plan may be modified at any time as deemed necessary or desirable by the developer of the Action Plan. The employee shall be given an opportunity for input or suggestions, and the modification shall be submitted for review and approval by the Superintendent, or designee.

REEVALUATION

Upon completion of an Action Plan, the licensed employee shall be reevaluated by the Superintendent or designee, or by an assessment team if the employee is assigned to a low-performing school.

If the licensed employee receives an unsatisfactory or below standard rating on any function on the reevaluation, the Superintendent shall consider that employee's dismissal, demotion or nonrenewal. If the employee is retained without demotion he shall be placed on a new Action Plan, which may be a continuation or modification of the prior Action Plan.

If the licensed employee receives an unsatisfactory or below rating on any function on the reevaluation, the Superintendent shall recommend that the employee be dismissed or demoted under GS115C-325.

If the licensed employee is in a low-performing school, and if the evaluation prior to the Action Plan contained a below standard, needs improvement, or unsatisfactory rating on an instructional duty, then, upon reevaluation, the Superintendent shall recommend dismissal or demotion if the employee receives one needs improvement or unsatisfactory or more than one below standard rating on any instructional duty.

APPEAL OF ACTION PLAN

The Superintendent shall provide administrative procedures for appeals of action plans or other performance plans.

The following shall not be a basis for appeal or challenge of an Action Plan:

1. The placement on an Action Plan of a licensed employee who receives a rating of below standard or unsatisfactory, since this is required by statute.
2. The ratings received on an evaluation, which result in the placement of an employee on an Action Plan.
3. The fact that an administrator does not meet every requirement set forth in an Action Plan, provided that there has been substantial compliance.

SUPERINTENDENT'S POWERS AND RESPONSIBILITIES

The Superintendent will ensure that all administrators who evaluate licensed employees are trained in the proper administration of employee evaluations, and in the development and implementation of Action Plans.

Nothing in this policy shall limit the Superintendent's authority or discretion to recommend dismissal, demotion, nonrenewal, or other appropriate personnel action, including placing an employee on any plan of improvement when an Action Plan is not mandated under this policy.

The Superintendent has developed procedures necessary or desirable concerning Action Plans and other performance plans as follows:

1. Performance Improvement Plans Operating Procedures: A performance improvement plan refers to any written strategy designed to help an employee improve or gain even greater competence. This includes professional development plans (PDPs), individual growth plans (IGPs), other state-recognized growth plans, and action plans. Not all performance improvement plans are required to follow a specified format and include specific elements the Office of Human Resources does provide recommended formats for PDPs, IGPs and action plans.

2. When Performance Improvement Plans Can be Implemented: A PDP or IGP shall be reviewed at least annually at the beginning of the school year. For first year ILTs and first year probationary teachers, PDPs or IGPs shall be developed after the first observation. Further procedures for the use of IGPs are outlined in GBI.

All other performance improvement plans may be developed and implemented at the discretion of the principal, or as may be required by law or Administrative Policy as a means of providing help to a certified employee in improving or gaining even greater competence. An employee who recognizes the need for help also may request that the principal or principal's designee assist in developing a performance improvement plan.

3. Process for Implementing Performance Improvement Plans: The process for implementing a PDP or an IGP is provided in GBI. Other less formal school-based plans may be implemented, and may include aspects of the formal plans. Action plans must be implemented according to the following procedures.

a. The principal or principal's designee shall develop a draft action plan, which shall be submitted to the Executive Director for Human Resources, or designee, for review and approval. The Executive Directors for School Improvement and Instructional Services may also be consulted as part of the review process.

b. The principal or principal's designee shall then schedule a meeting with the employee and meet to discuss the action plan. The meeting should address the purpose of the action plan and each element of the plan should be discussed. The principal should explain the basis for any concerns; however, the principal is not required to provide specific documentation. The principal also should make clear the expectations for improving or for gaining greater competence. The employee should ask any and all questions needed to clarify the purpose of the plan or the means for implementing the plan. Based upon the discussion, the principal has the discretion to change any element of the plan to make the plan more appropriate to the situation, subject to the review and approval of the Executive Director for Human Resources, or designee.

c. The principal or principal's designee shall request the employee to sign an acceptance of the action plan. This may be done at the same meeting, unless the employee requests time to consider the plan or the principal determines that it would be more appropriate to wait. The principal does not need to provide more than a twenty-four hour period before requesting the employee to sign the plan.

d. A copy of the action plan and any documentation regarding the meeting shall be submitted by the principal to the employee's central office personnel file, as required by N.C. General Statute ll5C-325(b).

e. The principal shall provide opportunities for interaction with the employee in regard to the action plan. This may be specified in the plan or discussed in the meeting with the employee. The principal should be sufficiently aware of the employee's efforts and progress in the plan to provide feedback and to revise the plan as necessary or appropriate to carry out the intent of the plan. The principal maintains the discretion to determine when the plan should be revised. Any revisions must be submitted by the principal to the Executive Director for Human Resources, or designee, for review and approval.

4. Appeal of a Performance Improvement Plan: Any performance improvement plan, including PDPs, IGPs and action plans, may be appealed for any of the following reasons:

a. The performance improvement plan is not designed to help an employee improve or gain even greater competence.

b. The PDP or IGP has not been developed in conformance with all of the mandatory procedures established in GBI.

c. Any type of performance improvement plan, other than a PDP or IGP, has not been developed in conformance with mandatory procedures (delineated by the word, "shall") established in GBIA.

d. The principal has abused his or her discretion in developing or implementing the performance improvement plan.

An appeal shall follow the following steps:

(1) Appeal to the principal

A performance improvement plan shall be appealed to the principal within three working days of being presented with the plan by the principal or the principal's designee. The appeal shall state in writing at least one of the bases for appeal identified above. The principal shall schedule a meeting within three days of receiving the request.

If a principal's designee was involved in developing the plan, the designee should be present, but the principal will be responsible for conducting the meeting. The employee may bring a representative to the meeting. The representative may have a participatory role so long as he or she does not interfere with the ability of the principal to have an open dialogue with the employee regarding the employee's concerns. If the representative becomes disruptive to this process, the principal may either continue the meeting without the representative or reschedule the meeting, taking into consideration the preference of the employee.

Every attempt should be made to resolve the appeal by the principal and the employee. Open communication is strongly encouraged. The principal shall either resolve the appeal or provide a written statement to the employee within three working days of the meeting that the appeal has been rejected.

(2) Appeal to the Associate Superintendent of Administrative Services Chief Human Resources Officer.

If the employee is not satisfied with the resolution of the appeal to the principal, the employee may submit in writing an appeal to the Associate Superintendent of Administrative Services Chief Human Resources Officer within five working days of receiving the decision by the principal. The appeal should state the same basis of appeal as presented to the principal. The employee also may submit any written statement and supporting documentation with the appeal. A copy of the appeal and supporting documentation must be provided to the principal.

The principal must submit any written response to the appeal to the Associate Superintendent of Administrative Services Chief Human Resources Officer within five working days of receiving notice of the appeal. A copy of the principal's response shall be provided to the employee.

The Associate Superintendent of Administrative Services Chief Human Resources Officer will review the appeal and make a decision within five working days of receiving the appeal and principal's response. If the principal has not submitted a response within the allowed time, the Associate Superintendent Chief Human Resources Officer may consult with the principal. The Associate Superintendent Chief Human Resources Offficer will make a decision based upon the written appeal and response and any accompanying supporting documentation or other relevant information. The Associate Superintendent Chief Human Resources Officer also may review the employee's central office personnel file. A hearing will be held only if the Associate Superintendent Chief Human Resources Officer determines that a hearing is necessary to obtain a full understanding of the appeal. The Associate Superintendent Chief Human Resources Officer will establish whatever hearing procedures are necessary for the particular appeal.

The decision will be in writing. The Associate Superintendent Chief Human Resources Officer may make any of the following decisions:

(a) reject the appeal and require that the plan be implemented as stated,
(b) require that the principal take steps mandated or recommended in the procedures (GBI for PDPs or IGPs, GBIA for all other plans) that either were not done or were done inadequately,
(c) determine that the plan will not help the employee improve or gain greater competence and require the principal to develop other strategies to help the employee, as necessary,
(d) determine that there is clear and convincing evidence that the principal abused his or her discretion and mandate appropriate action.

This is the final step in the administrative appeal.

LEGAL REFERENCE: N.C. General Statute ll5C-276, -288, -307, -325, -333, -334, l6 N.C.A.C. .050l.

NOTE: This Administrative Policy consolidates and replaces former Board Policy GBIA (April 13, 1999) and Administrative Procedure GBIA-P (April 25, 1994; August 17, 1999).

This Board of Education Policy replaces former Administrative Policy GBIA issued October 23, 2001.

Descriptor Term:
ACTION PLANS FOR LICENSED EMPLOYEES

Draft date:
March 25, 2004

Date Issued by Superintendent:

In compliance with federal laws, Guilford County Schools administers all educational programs, employment activities and admissions without discrimination because of race, religion, national or ethnic origin, color, age, military service, disability or gender, except where exemption is appropriate and allowed by law. Refer to the Board of Education's Discrimination Free Environment Policy AC for a complete statement. Inquiries or complaints should be directed to the Guilford County Schools Compliance Officer, 120 Franklin Boulevard, Greensboro, NC 27401; 336.370.2323.

All Guilford County Schools facilities, both educational and athletic, are tobacco-free learning environments.

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