Educator Appraisal Waivers : Can a district use information gathered during the 2019-2020 school year appraisal process to justify non-renewal of an educator even if the appraisal process, under the waiver, was not completed in accordance with appraisal rule or law?
Yes. Under a waiver, a school district could still evaluate and determine an appraisal and appraisal rating for a teacher based on completed aspects of the appraisal process and use such an appraisal or appraisal rating in making a decision to renew or not renew a teacher's contract. That said, the lack of completed steps in the appraisal process would not deprive the teacher of the option to respond to, appeal, or otherwise challenge the appraisal, appraisal rating, or the nonrenewal decision. The use of a waiver does not prohibit a teacher from filing a challenge in accordance with a district's local policy. The right to appeal or otherwise challenge a district's decision to not renew a teacher's contract would occur upon the teacher's receipt of notice from a district of the district's decision to not renew the teacher's contract.
From TEA webpage: https://tea.texas.gov/texas-schools/health-safety-discipline/coronavirus-covid-19-support-and-guidance
- Guidance on Educator and Staff Issues and Educator Evaluations and Non-renewal (PDF) March 26 2020