1. (a) Each school corporation shall develop or adopt a plan for annual performance evaluations for each certificated employee. A plan must include performance evaluations for all certificated employees, conducted at least annually.

2. (b) A plan under this section must include an annual designation of each certificated employee in one (1) of the following rating categories:

   1. (1) Highly effective.
   2. (2) Effective.
   3. (3) Improvement necessary.

   4. (4) Ineffective.

      The requirements for designation in each rating category must be determined by the school corporation.

3. (c) The plan must:

   1. (1) be in writing; and

   2. (2) be explained to the governing body in a public meeting;

      before the evaluations are conducted. Before explaining the plan to the governing body, the superintendent of the school corporation shall discuss the plan with teachers or the teachers' representative, if there is one. This discussion is not subject to the open door law ( IC 5-14-1.5 ). The plan is not subject to bargaining.

4. (d) The evaluator shall discuss the evaluation with the certificated employee.
5. (e) After a school corporation has assigned an evaluator to perform a certificated employee's evaluation, the certificated employee may request the school corporation to assign an evaluator other than the evaluator assigned to perform the certificated employee's evaluation.

As added by P.L.90-2011, SEC.39. Amended by P.L.239-2015, SEC.7; P.L.275-2019, SEC.7; P.L.150-2020, SEC.1; P.L.200-2023, SEC.18.