The procedure related to classification level reviews under § 313h of this title shall be as follows:
(1) Members of the teaching career shall request the review [of] their classification level on the date indicated by the Secretary in the Teaching Career Regulations issued to such effects. The application shall include a certified copy of the Professional Improvement Plan, which shall be issued by the Director of their school, as well as attesting documents as evidence that the applicant has satisfactorily completed the stage of the Plan on which he/she bases his/her claim. The applications for review shall be filed at the Office of the Director.
(2) The Director, together with a representative of the School Council, a regional facilitator for the specific stage, and the Union Delegate shall constitute an Evaluation Committee of Professional Improvement Plans. This Committee shall analyze the applications disregarding any considerations that are not related to the content of the Professional Improvement Plans of the applicants. Once the analysis is concluded, all files shall be submitted to the Secretary including a report with its recommendations indicating whether the candidate is qualified or not. The Directors shall report such findings to the applicants.
(3) The Secretary shall review the reports of the Directors and the Committee, and shall make the decisions that are in order according to the law. The decision of the Secretary shall be informed to the petitioners through the procedure established in the Teaching Career Regulations.
(4) The decisions of the Secretary may be reviewed through the complaints and grievances arbitration and procedures set forth in §§ 1451 et seq. of Title 3, known as the “Puerto Rico Public Service Labor Relations Act”, and in the collective bargaining agreement between the Department of Education and the exclusive representative of the employees concerned.
History —July 18, 1999, No. 158, § 3.10, renumbered as § 2.11 and amended on Aug. 28, 2002, No. 208, § 3.