Decision 0347E – Modesto City Schools
Decision Date: September 27, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14259
602.03000 – Contract Repudiation or Breach
Contract is ambiguous as to number of evaluations that might be performed, so past practice is examined to ascertain authority of employer.
602.05000 – Impact and Extent
Employers insistence on consecutive evaluation for teachers considered substandard is policy of generalized application and continuing effect.
602.06000 – Change in Past Practice
Past practice evidence supports employer's contention that back-to- back evaluations for unsatisfactory performance is not unilateral change.
608.05000 – Past Practice; Maintenance of Status Quo
Employer's evaluation of teachers in successive years is consistent with past practice.
1000.02045 – Evaluations
Teachers' evaluations are within scope of representation.