A teacher filed a grievance regarding her summative appraisal in which she was rated “below expectations” in four domains. She argued that the below expectations scores were not supported by proper cumulative data because written summaries of observations and other appraisal data were not provided to her in a timely manner. The district’s board of trustees denied the grievance and the teacher appealed to the commissioner of education.

The commissioner noted that the PDAS rules require that cumulative data and observation reports be provided to a teacher within 10 working days. Many of the documents that the teacher complained about were not provided to her in a timely manner; however in this case, there was no evidence to suggest the documents influenced the summative appraisal. Therefore, those documents were not considered cumulative data subject to the 10-day disclosure rule. With respect to the observation report, however, the rules require that a teacher receive a summary of all walk-throughs and observations regardless of whether the appraiser uses the documents for the summative appraisal. Because this did not occur, the ratings the teacher received for three of the four domains in which she was rated “below expectations” were not valid.