Progressive Discipline

1. Progressive Discipline 1. Investigate 2. Reprimand verbally 3. Reprimand in writing 4. Withhold increment 5. Tenure charge 6. Suspension without pay (120 days) 7. Suspension with pay 8. Terminate

2. Intensive Assistance 1. Frequent and formal evaluations 2. Confirm with other supervisors 3. Give time to improve 4. Give help to improve 5. Give repeated reports of progress over time (if any) 6. Call in intensive assistance team

3. Intensive Assistance 7. Work on appraisee’s quality testing 8. Examine work samples of performance 9. Stress warranted learning theory 10. Conference with teacher and supervisors 11. Use directives (in Memo form) 12. Issue written reprimand if no improvement

4. Intensive Assistance 13. Conference with superior concerning discipline 14. Consult legal authorities 15. Begin dismissal process

5. Withholding an Increment • N.J.A.S.A. 18A:29-14 • “Any board of education may withhold, for inefficiency or other just cause, the employment increment or the adjustment increment, or both, of any member in any year…”

6. Withholding an Increment • Reasonable basis • Performance problem specified in evaluation • Unsatisfactory classroom skill • Poor student supervision • Striking a student • Taking a sick day to work somewhere else • Excessive absenteeism

7. Withholding an Increment • Prior Notice • Not required by statute • Fair Play - Teacher should be warned • Hearing by the board not required • Rice Notice required

8. Withholding an Increment • Roll call majority vote of the full membership of the board

9. Withholding an Increment • Notice • Within 10 days after action of the Board • Must include reasons for the action

10. Withholding an Increment • Appeals • Burden of proof on teacher • Majority uphold board’s action

11. Tenure Charge • N.J.S.A. 18A:6-10 • “No person shall be dismissed or reduced in compensation if he is or shall be under tenure … except for inefficiency, incapacity, unbecoming conduct or other just cause…”

12. Tenure Charge • Charges filed in writing • Accompanied by statement of evidence • Executed under oath • Copy served on employee within 72 hours • Employee has 15 days to respond

13. Tenure Charge • Board has 45 days to determine probable cause • Employee is not entitled to a hearing before the board • Board is not required to make any finding of fact or merit • Board deliberation and action must take place in a closed meeting

14. Tenure Charge • Board certifies charges to Commissioner • Board notifies employee • Board may suspend employee with or without pay • Hearing held before Commissioner (ALJ) who makes determination

15. Tenure Charge • Burden of proof is on the local Board • Appeals - State Board of Education

16. Inefficiency • N.J.S.A. 18A:6-11 • “… Provide, however that the charge is inefficiency, prior to making its determination as to certification, the board shall provide the employee with written notice of the alleged inefficiency, specifying the nature thereto, and allow at least 90 days in which to correct and overcome the inefficiency.”

17. Inefficiency • Provide employee with list of performance related deficiencies based on • Observations • Evaluations • PIP’s • Lesson plan reviews • Notice of inefficiency should be clearly identified

18. Inefficiency • Employee successfully corrects Inefficiency - charges withdrawn • No improvement - Board may certify charges

19. Inefficiency - Examples • Irregular attendance which precludes an efficient teaching program • Failure to submit lesson plans, provide meaningful learning experience, or provide structure for classes • Failure to demonstrate sound understanding of subject matter or provide factual data • Failure to maintain order and proper teaching decorum