How to Navigate an Unfair Teacher Evaluation

Spring semester is upon us, marking the busiest of times for educators. While the countdown to spring break is officially on, so is the season of state testing, contract renewals, Teacher Incentive Allotment designations, and evaluations. 

Formal observations and annual evaluations can be a source of great anxiety for educators, and understandably so. 

Teachers are assessed on the skills they practice day in and day out, but only for a short window of time, and sometimes only once or twice per year. In some cases, an appraiser may not be personally familiar with you, or they may not have any experience in your content area. And sometimes Murphy’s law strikes. Anything that can go wrong will go wrong, no matter how experienced you are or how diligently you have prepared.

So much can be at stake in an evaluation. Results may affect contract renewal and eligibility for the Teacher Incentive Allotment. But what if your appraiser evaluates you unfairly? How do you navigate a situation where you are not in agreement with your observation report?

Know your district or charter school appraisal system

The first step in ensuring the most positive teacher observation process possible is familiarizing yourself with your district or charter school’s appraisal system. Second, understand that you must act quickly upon receiving an observation report or evaluation that you believe is unfair or inaccurate. 

School districts and charter schools may choose which appraisal system to implement. They may adopt the state’s appraisal system, the Texas Teacher Evaluation and Support System (T-TESS), or a locally developed appraisal system.

T-TESS requires that new teachers, as well as teachers who have never been evaluated under T-TESS, receive training on the process at the beginning of the school year. All teachers should maintain any updated appraisal information distributed by their district or charter school for future reference. School boards must approve a list of certified appraisers and adopt an appraisal calendar each school year. Only persons on the certified appraiser list can conduct evaluations, and the appraisal calendar outlines when observations can occur and the timeline for completing the appraisal process.

Act quickly after receiving an observation report

Once a teacher receives an observation report, the clock starts ticking. The timeline to exercise your rights is short and is dictated by T-TESS policy or by your district or charter school’s local appraisal system policy. Under T-TESS, teachers have 10 working days to submit a rebuttal to an observation report and/or to request a second appraisal. 

Submitting a rebuttal is often wise when an observation report is unfair or inaccurate or lacks appropriate context. Requesting a second appraisal might sound like an attractive option when an appraiser has been unfair, but it can also be a gamble. A second appraisal is usually conducted by an administrator chosen by the superintendent or human resources administrator and is often someone from another campus or an upper-level administrator. The results of a second appraisal do not always replace the first. The scores are often averaged or calculated in a manner that gives the original appraisal greater weight.

These decisions are made locally, and it is important to be aware of your district’s or charter school’s process before committing to a second appraisal.

Understand timelines associated with the grievance process

The only formal way to dispute an unfair evaluation is through your district’s or charter school’s grievance process. Filing a grievance does not guarantee that your appraiser will change your evaluation; it only guarantees the district will hear your concerns and consider your requested remedies.

Even if you plan to pursue a grievance, it is important to submit a timely rebuttal. If the grievance is unsuccessful, you will still have your rebuttal and any supporting evidence on file. Grievance timelines are decided locally and can vary. Most timelines are very short, especially in charter schools. Although many districts and charter schools generally have a 10 to 15 working day grievance deadline, some charter schools impose deadlines as short as five or seven calendar days. Keep these timelines in mind as you consider your options.

Other considerations and available support

Before pursuing the more drastic options of requesting a second appraisal or filing a grievance, consider meeting with your appraiser to discuss your concerns. While this can be an unnerving proposition, appraisers should be open to hearing your concerns and reviewing any evidence you provide to refute negative scores or comments. Situations involving unfair evaluations are often resolved through communication and compromise, so consider this option as seriously as the others and make sure you are working within the allowable timelines.

If you are attempting to qualify for the Teacher Incentive Allotment, this adds another layer of significance to your appraisal. Teachers in this situation should review their district’s or charter school’s local Teacher Incentive Allotment designation plan and consult the administration with any questions. Participating districts and charter schools are required to designate an administrator to serve as a Teacher Incentive Allotment coordinator, and this individual should serve as a knowledgeable resource on the designation process.

All district and charter school employees are subject to performance appraisal. However, except for teachers and principals, there is no state-mandated appraisal process. Non-teacher and non-principal faculty and staff are evaluated using locally developed processes. These employees should receive training on their respective appraisal processes, and they can find information on their rights in board policy or in the employee handbook or can obtain it from their administrators and supervisors. Generally, all employees have the right to respond to and file a grievance regarding an unfair or inaccurate evaluation, subject to the applicable response and grievance timelines.

The ATPE Member Legal Services Department can provide advice to eligible members about how to navigate an unfair evaluation.