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Purpose of this Workshop. Distinguish between:evaluation process -- fostering improvement building strong disciplinary files -- support dismissal actions Understanding the overlap between evaluation and progressive discipline. The Basics. Ed. Code Section 44932 specifies the causes for dismissal of permanent teachers. Unsatisfactory Performance is generally documented through the evaluation process.Unprofessional Conduct DishonestyPersistent violation of district rules.
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2: Purpose of this Workshop Distinguish between:
evaluation process -- fostering improvement
building strong disciplinary files -- support dismissal actions
Understanding the overlap between evaluation and progressive discipline
3: The Basics Ed. Code Section 44932 specifies the causes for dismissal of permanent teachers.
Unsatisfactory Performance is generally documented through the evaluation process.
Unprofessional Conduct
Dishonesty
Persistent violation of district rules
4: The Basics A good, basic starting principle is to distinguish between intentional and unintentional conduct.
5: The Basics Likewise, a situation where a teachers class is normally loud and the students are distracted because the teacher, despite his or her best efforts, has poor behavioral management skills, will generally be addressed through the observation/evaluation process. The teacher is not intentionally allowing the classto run amok; he or she just lacks the skills to maintain a suitable learning environment.
6: When Evaluation and Disciplinary Processes Overlap If the district provided assistance and resources to improve classroom management skills, but, for example, a student is injured during a fight in the classroom that the teacher was unable to prevent or control, then disciplinary action against the teacher may be warranted.
7: Evaluations Intent It is the intent of the Legislature that governing boards establish a uniform system of evaluation and assessment of the performance of all certificated personnel
The system shall involve the development and of objective evaluation and assessment guidelines.
Ed Code section 44660
8: Why Evaluate? Recognize satisfactory and exemplary performance.
Correct/improve less than satisfactory performance.
Document an employees failure to improve despite notice, support and opportunity.
To defend claims that employee was victim of unlawful discrimination.
Legally and contractually required.
9: How Often Do I Evaluate? Probationary & Permanent
At least once each school year for Probationary Teachers
At least every other year for Permanent Teachers
10: Evaluating Permanent Employees Certificated employees with permanent status who have been employed by the District for at least 10 years may mutually agree:
to be evaluated only once every five years
if the employee is highly qualified under state and federal law
previous performance evaluation certifies that the employee meets or exceeds standards.
Either party may withdraw consent for this evaluation option at any time without cause.
11: Planning for an Evaluation Prior to setting goals and objectives, the teacher should be given a copy of existing relevant sections of the goals and objectives of his/her evaluator, school, or department.
TIP:
Check your Districts Collective Bargaining Agreement for specific procedural requirements.
12: Classroom Observations Evaluation should include at least one classroom/assignment observation.
Anytime you believe a DNMS or MMS is possible, we encourage at least two formal observations.
Informal observations?
Check Districts Collective Bargaining Agreement regarding number of observations and formality of observations
TIP: Are there any restrictions on the number of formal or informal observations?
13: Be Specific!
14: No: Not all students were engaged.
15: No: Classroom was loud, students were distracted.
16: Evaluations:Written & In Person Written evaluation must be given to teacher no later than 30 days before the last school day.
Before the last school day, a meeting shall be held between the teacher and the evaluator to discuss the evaluation.
Education Code section 44663
17: Response to an Evaluation Teacher has right to initiate a written response to evaluation.
Shall become attachment to the evaluation and placed in teachers personnel file.
18: Have A Support Plan What to do if an employee is not performing his or her duties in a satisfactory manner
19: If employee is not performing in a satisfactory manner: District must notify employee in writing
Describe the unsatisfactory performance.
District must confer with employee and make specific recommendations regarding performance improvement
Endeavor to assist the employee in performance.
If any permanent teacher has received an unsatisfactory evaluation, the district will annually evaluate the teacher until the employee achieves a positive evaluation or is separated from the district.
20: Practical Pointers Familiarize yourself with specific provisions in Districts contract.
Look for referral requirements to PAR because of an unsatisfactory evaluation in the area of teaching methods or instruction.
Many PAR programs not currently functioning because of lack of funding
21: Evaluation Standards Engaging and Supporting All Students in Learning
Creating and Maintaining Effective Environments for Student Learning
Understanding and Organizing Subject Matter for Student Learning Planning Instruction and Designing Learning Experiences for All Students
Assessing Students for learning
Developing as a Professional Educator
22: On Student Achievement Data The evaluation and assessment of certificated employee performance pursuant to this section shall not include the use of publishers' norms established by standardized tests. (Education Code section 44662)
STAR tests -- no longer contain normed sections.
Can be used when based on projected growth (or lack thereof) of individual student performance, not publishers norms.
23: 90-Day Notices of Unsatisfactory Performance Serves as the bridge between the evaluation and disciplinary processes.
District must provide 90 days notice to teachers before initiating dismissal proceedings based upon unsatisfactory performance. Ed. Code section 44938
Requirement only applies to unsatisfactory performance
The notice must be specific
24: 90-Days No hard and fast rules regarding when 90-Day Notice should be issued
With very limited exceptions, dismissal charges cannot be based upon causes more than four years old
Observation/evaluation information in 90-Day Notice should not exceed three and one half years
Administrator must exercise independent judgment when to issue 90-Day Notice
25: 90-Days Be diligent in conducting and preparing classroom observations and/or related disciplinary documentation.
If teacher demonstrates satisfactory performance during the 90 day remedial period, great! The process worked!
If teacher is making a good faith effort at improvement, but is not demonstrating satisfactory improvement, then the formal observation forms will serve as evidence in subsequent dismissal proceedings.
26: 90-Days If teacher is intentionally ignoring provided assistance/resources, then disciplinary documentation should be prepared during the remedial period. This documentation serves as evidence in subsequent dismissal proceedings.
27:
SMART TIPS BEST PRACTICES
28: PLAN AHEAD Consider applicable timelines
How many employees are on track for formal evaluation this school year?
Any employees in need of or currently under a Support Plan?
29: WRITE IT DOWN If it isnt written down, it didnt happen!
Daily/Monthly Planner Notes
Tell them what you want/need to see!
30: Provide constructive criticism Be objective, honest, concise, yet explicit in assessing job performance and formulating objectives
31: NO SURPRISES Talk to your employees
Dont hold back negative feedback
Communicate expectations
What will happen next
32: Practical Pointer
Create accurate documents that support personnel decisions, instead of inconsistent documents that undermine decisions
33: HOLD EVERYONE TO THE SAME STANDARDS
34:
WHERE DO ADMINISTRATORS GO WRONG AND HOW DO WE AVOID THESE PITFALLS?
35: MEET TIMELINES
Know and follow contractual requirements
Employee fails to show up to scheduled conference(s)- re-schedule and have paper trail showing employee is responsible for delay
You forgot to schedule a conference(s)
Written documentation not provided to employee in timely manner
36: LACK OF SIGNATURES
37: CONCERNS NOT DOCUMENTED
38: SUPPORTS NOT IDENTIFIED OR NOT PROVIDED
39: PARENT AND PUBLIC COMPLAINTS
40: Evaluation v. Progressive Discipline PURPOSES AND GOALS
Evaluation
Acknowledge excellence
Encourage professional growth
Support those needing assistance
Improve education in our schools
41: Evaluation v. Progressive Discipline PURPOSES AND GOALS
Progressive Discipline
Give the employee notice of and an opportunity to remedy unacceptable behavior or to improve unsatisfactory performance
Goal is not to punish but to strongly alert the employee
Corollary is that if the employee fails to improve, the district will have laid a foundation for more severe discipline
42: Know the Difference UNSATISFACTORY PERFORMANCE vsMISCONDUCT
Communication with employee
Documentation of concerns
43: Evaluation v. Progressive Discipline
EFFECTIVE DOCUMENTATION
Background
Rule
Analysis
Directives
Support
44: BACKGROUND The Ws
What happened?
Who is involved?
When did misconduct/incident occur?
Where did it occur?
Has this or similar misconduct occurred before?
45: RULE
Law
Policies
Previous directives or instruction
Collective bargaining agreements
Common courtesy and/or decency
46: ANALYSIS
Explain how the employees conduct violated the rules
Explain the impact or effect of the conduct on the worksite, school, district, etc.
Students
Other employees
Reputation
Potential liability
47: DIRECTIVES
Issue directives designed to correct the employees misconduct/unsatisfactory performance
Explain the districts expectations
Explain, specifically, what the employee needs to do (or not do)
Directives should be clear and understandable
Compliance with directives must be measurable
48: SUPPORT
Identify training opportunities, available assistance, who to talk to if the employee has any questions, etc.
Describe follow-up and consequences
How and when will you monitor, give feedback or follow up?
Set forth the anticipated action or discipline if the employee fails to follow directives or engages in similar misconduct
49: 45-Day Notices of Unprofessional Conduct The district must provide 45 days advance notice to teachers before initiating dismissal proceedings(Ed. Code section 44938)
Unprofessional Conduct can encompass innumerable types of behavior
Using profanity
Coming to work intoxicated
Refusal to follow directives
Assisting students while administering standardized tests
Failing to input student grade data in a timely manner
50: 45-Days The Notice must be specific in identifying the unprofessional conduct and affording the teacher the opportunity to improve.
Once 45-Day Notice is served, the supervising administrator must be diligent in conducting and preparing classroom observations and/or related disciplinary documentation.
51: 45 Days Serves same purpose as 90-Day Notice.
If employee improves during 45-Day remedial period and does not subsequently repeat the unprofessional conduct, then the process worked.
If employee repeats misconduct during the remedial period or after the remedial period expires, then the district can proceed with dismissal charges based upon unprofessional conduct.