Rating (of teachers)
Pennsylvania statutes and regulations require the rating of the competence and teaching performance of employees. Temporary professional employees are to be rated once a semester for a minimum of two ratings each year for the first three years of employment, which is prior to becoming a professional employe when commencing the fourth year of employment. Professional employees are to be rated a minimum of once each year. [Comment: Statute requires that a temporary professional employes be rated at least twice a year during the probationary period (24 PS § 11-1108(a) and that a professional employe have two consecutive unsatisfactory ratings to be dismissed on the grounds of unsatisfactory teaching performance (24 PS § 11-1122); the regulations of the Pennsylvania Department of Education at §§ 351.24(b) and 351.24(c) require that a temporary professional employee be rated once a semester and that a professional employee be rated a minimum of once each year. However, the requirements in § 351(b)(c) are placed under "Standards For Alternative Rating Forms" rather than under § 351.22, "Additional Standards for Use of the PDE-5501."]
An approved rating system must be used, which gives consideration to personality, preparation, technique, and pupil reaction. The PDE -5501 , which was prepared by the Pennsylvania Department of Education, or an alternative rating form may be used.
24 PS § 11-1123 concerns the rating system and describes the requirements of the rating process:
Rating shall be done by or under the supervision of the superintendent of schools or, if so directed by him, the same may be done by an assistant superintendent, a supervisor, or a principal, who has supervision over the work of the professional employe or temporary professional employe who is being rated: Provided, That no unsatisfactory rating shall be valid unless approved by the district superintendent.
The Pennsylvania Department of Education has also issued regulations regarding the rating of employees that are published in Chapter 351 of 22 PA Code. Both case law and these regulations detail the rating process that is to be used for either temporary professional employes or professional employes.
In general, ratings must be "….substantiated by anecdotal records and discussed with the employee within 5 working days after the final observation preceding the rating. The discussion may take place before or after the rating is approved by the superintendent. The 5 day limitation may be extended only because of emergency or extenuating circumstances." 22 PA Code §§ 351.22(g) and 351.24 (d) [identical language]. After the rating, the employee must be given an opportunity to sign the rating form; if the employee refuses to sign the form, the refusal must be recorded and dated and the employee must be notified of the notation within ten days. 22 PA Code §§ 351.22(h)(j) and 351.24(e)(f) [identical language] See BEC attachment, Employe Rating Form, 24 PS Section 11-1123.
School Code 24 PS §§ 11-1108 and 11-1123
Regulations of the State Board of Education 22 PA Code §§ 351.26
Basic Education Circular Attachment, Employe Rating Form 24 PS Section 11-1123