Decision 0347E – Modesto City Schools
S-CE-402
Decision Date: September 27, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14259
Decision Headnotes
602.03000 – Change in or Deviation from Written Agreement or Policy
Contract is ambiguous as to number of evaluations that might be performed, so past practice is examined to ascertain authority of employer.
602.05000 – New Policy or Application or Enforcement of Existing Policy in New Way
Employers insistence on consecutive evaluation for teachers considered substandard is policy of generalized application and continuing effect.
602.04000 – Change in or Deviation from Unwritten 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.
602.06000 – Generalized Effect or Continuing Impact
Employers insistence on consecutive evaluation for teachers considered substandard is policy of generalized application and continuing effect.