Managing for performance

1. Managing for performance Principal Meeting, Nov. 1, 2012

2. Types of Performance Issues • Unsatisfactory Performance • Catastrophic Performance Failure • Violation of Professional Norms, Policy, or Law

3. Unsatisfactory Performance • When a person has the basic skills, is putting forth the effort, needs help in particular area • Intervention = Evaluation Tool • Assessment • Demonstration of Support • Training • Regular Monitoring • Feedback • Re-assessment

4. Catastrophic Performance Failure • When the person is “blowing up,” is disruptive, doesn’t have the necessary basic skills to be successful, isn’t putting forth the effort, perhaps may even be presenting a safety risk … “harming” kids • Intervention = Progressive Discipline • Identify specific failing behaviors • Collect evidence • Assess severity – imminent danger? • Give very specific direction for immediate implementation • Follow-up to ensure compliance with directive

5. Types of Violation of Professional Norms, Policy, or Law • Insubordination – “disobedient to authority” – reasonableness test • Chronic absenteeism • Inappropriate physical contact • Contact that makes people uncomfortable • Felony Assault or Molestation • Everything in between • Professional misconduct • Yelling • Bullying • Inappropriate conversations • Use of Profanity • Off-duty Conduct * Not a complete list

6. Violation of Professional Norms, Policy, or Law • Intervention = Progressive Discipline • Identify specific infraction • Secure evidence • Assess level of infraction • Check record for previous discipline – same or similar • Give very specific direction for immediate implementation • Follow-up

7. Evaluation • Teacher • Long-term Substitute • Teacher Assistant • Clerical

8. Teacher - Evaluation • Non-tenured • “A better teacher” threshold • Finish the formal observation by February 8 if recommending non-renewal • Tenured • Two year process at PPSD; • Statewide: based on their evaluation ratings for five years that show effective practice –at least one evaluation rating of Developing or higher • Peer Assistance & Review

9. Peer Assistance and Review Goal • PPSD’s goal is to dramatically improve the professional culture by improving teacher effectiveness and quality across the district • Supports the district evaluation model • Provides the district an opportunity to increase and improve upon the quality of supports made available to staff

10. Peer Assistance and ReviewPPSD –General Structure • PAR Panel • 7 PAR Panel Members (4 union/3 administrators) • Responsible for oversight of PAR Program • Review reports from Consulting Teachers • PAR Consulting Teachers • 5 Consulting Teachers (Peer Mentors) • mentor, review, and report to PAR Panel Members • PAR Reporting Periods • Fall, Winter, Spring

11. Peer Assistance and ReviewEligibility • Pilot 2012-2013 • All new staff not eligible for RIDE Induction Services • All staff remaining at a Cohort 1 or 2 school who received an overall rating of I or D last SYR • Staff who have been referred into PAR (self, administrator) • School Year 2013-2014 • All new staff not eligible for RIDE Induction Services • All staff receiving an overall effectiveness rating of I or D • Referrals

12. Peer Assistance and ReviewGovernance: The PAR Panel • PAR is governed by a joint labor management team called the PAR Panel which consists of 3 administrative representatives and 4 union representatives. • PAR Consulting Teachers will provide reports to the PAR Panel 3 times per year. • The PAR Panel will be responsible for making recommendations for non-renewal of non-tenured teachers or termination of tenured teachers to the Senior Executive Director of Human Resources after the second and final reporting period. The PAR Panel • Craig Bickley, PPSD • Maribeth Calabro, PTU • Susan Chin, PPSD • Robyn Gormley-Jackson, PTU • Kathleen Mcdonough, PTU • Mellissa Parkerson, PTU • Nkolika Onye, PPSD

13. Peer Assistance and Review PAR Timeline

14. Peer Assistance and Review Resources • Providence Peer Assistance & Review • Peer Assistance and Review (Fall 2007) This article from the AFT’s quarterly journal, American Educator, describes the history of peer assistance and review from its beginning at the Toledo Federation of Teachers. www.aft.org/pdfs/americaneducator/fall2007/ae_fall07_PeerAssistance.pdf • Where We Stand: Teacher Quality (June 2003) This booklet contains resolutions on teacher quality issues, including PAR, that were passed at the 1998, 2000 and 2002 AFT national conventions. www.aft.org/pdfs/teachers/wwsteacherquality0603.pdf • Peer Assistance and Peer Review: An AFT/NEA Handbook (1998) Prepared for the AFT/NEA joint conference on teacher quality, this handbook is designed to assist affiliates interested in developing peer assistance and/or peer review programs at their local sites. www.aft.org/pdfs/teachers/paprhandbook0998.pdf http://www.calstate.edu/ier/reports/PARReport.pdf AFT - A Union of Professionals - Peer Assistance and Review http://www.aft.org/pdfs/teachers/fs_par0410.pdf

15. Long-term Substitute Evaluation Online LTSP Evaluation Form

16. Teacher Assistant - Evaluation * In contract since at least 2005

17. Clerical - Evaluation * In contract since at least 2004 ARTICLE 23 ANNUAL EVALUATION 1. The parties agree that the Providence School Department has the right to an annual evaluation of employees. 2. The evaluation shall be confidential and shared with the individual employee for the main purpose of evaluating and improving performance. 3. Such evaluations will be done in a fair and equitable manner. 4. Evaluations and responses thereto shall be made part of the employee’s personnel file. Employees will sign the evaluation as a matter of record of notification only and are entitled to respond in writing if so desired. They also have the right to appeal any evaluation if they believe there is bias or an unfair conclusion made by such report. Such appeal will first be made with the author of the report and then to the Superintendent and/or designee, and the decision of the Superintendent is final. At each level of appeal, modifications can be made in the evaluation if so determined necessary and correct. 5. Annual employee evaluations cannot be used for disciplinary purposes or presented in any grievance or arbitration hearing except where the employee has raised the issue of the evaluation or portion of it as part of his/her defense or proposes to introduce the evaluation in evidence.

18. Chronic Absenteeism • Teacher • Teacher Assistant • Clerical

19. Teacher - Absenteeism • No provision on absenteeism in labor agreement. • 4-1.1 In each case of absence for illness in excess of four (4) consecutive work days a member of the bargaining unit shall file with the Superintendent or other designated personnel a certificate from a physician certifying that said illness prevented him/her from performing his/her duties. The board shall reserve for itself the right to require medical examination by its own physician.

20. Teacher Assistant - Absenteeism

21. Teacher Assistant – Absenteeism cont.

22. Clerical - Absenteeism • No provision on absenteeism in labor agreement.

23. Addressing Chronic Absenteeism • Progressive Discipline • Can’t discipline if absence was covered by Family Medical Leave (FMLA) or work related injury (Worker’s Comp) or approved leave (CBA) • You can see how they are coded in AESOP • Medical documentation (req. beyond 4 days) • You can discipline for: • No Call • Egregious levels of all other absences • Patterns of absence

24. What is Progressive Discipline? • Clerical • Teacher Assistant • Teacher

25. Clerical - Discipline ARTICLE 15 DISCHARGE AND DISCIPLINE Discharge or discipline of any permanent employee may be made only for just cause and in accordance with the following: In the event the Employer suspends, disciplines, or discharges any employee, the Local Union President shall be notified in writing at once. The matter may then be referred to the Second Step of the grievance procedure. No hearing shall be open to the public except by mutual agreement of the Employer, the Union and the employee involved. Initial minor infractions, irregularities or deficiencies shall be privately brought to the attention of the employee. The School Administration has a right to keep a written record if it so desires of these minor infractions, irregularities or deficiencies.

26. Teacher Assistant - Discipline • No provision on progressive discipline in labor agreement. Adhere to traditional concepts of Progressive Discipline.

27. Teacher - Discipline 8-25 Fair Discipline Policy 1) A teacher may only be disciplined for good and just cause. A teacher shall be entitled to be provided with due process. Any sanction imposed upon the teacher shall be reasonably related to the seriousness and nature of the offense and the past record of the teacher. Disciplinary actions will include, but not limited to, the following measures: 1. Counseling 2. Oral reprimand 3. Written reprimand 4. Suspension 5. Termination 2) The principles of progressive discipline will be applied where appropriate and in relation to the nature and circumstances of the incident. The administration will not be prohibited by any language in this article from recommending suspension, termination or other action on a first offense where warranted.

28. Teacher - Issuance of Written Warnings 8-17.2 No material derogatory to a teacher’s conduct, service, character or personality shall be placed in the file unless the teacher has had an opportunity to read the material. The teacher shall acknowledge that he/she has read such material to be filed by affixing his/her signature on the actual copy, with the understanding that such signature does not necessarily indicate agreement with its content. The Director of Human Resources, or his/her designee, shall be the maker of the file and he/she must affix his/her signature to the material indicating that he/she has investigated the matter consistent with the Arbitration Award in Case Number 10-390-0254. Within thirty (30) school days or within a reasonable period of time if there are extenuating circumstances necessitating additional time for the investigation, the Director of Human Resources, or his/her designee, shall either place said material in the teacher’s official personnel file or seal it in a file solely for record keeping purposes. Such sealed records or documents shall not be used against the teacher for any purposes or reason whatsoever, and said sealed documents will be made available to anyone only upon an order of a court or with the written authorization of the teacher. The teacher shall be notified of the results of the investigation in a timely manner.

29. Meeting with a Teacher • Article 8.25(4): “… A teacher who is required to attend a meeting with a supervisor or Principal where the subject of the meeting can be expected to lead to the imposition of discipline or could lead to the teacher being charged with an infraction that could lead to discipline shall be advised that the teacher has a right to have a Union Representative present during the meeting. It is agreed that such notice will be given reasonably in advance of the meeting and the teacher shall not use said notice to delay the scheduling or holding of the meeting.” • Faculty members do not have the right to refuse a meeting where the building delegate has been made available. Nowhere in this language is the faculty member entitled to the representative of their choice. • Language only requires administration to suggest union representation if they “expect” the outcome will lead to discipline of the specific faculty member. • There are circumstances, such as in the case of egregious allegations, or terminal violations of Last Chance Agreements, where we would concede a brief delay to allow for representation by PTU central staff in the best interest of the process.

30. Progressive Discipline – Defined Progressive Discipline is a system of addressing employee behavior over time, through escalating penalties with the intention of correcting unacceptable employee behavior. Progressive Discipline reserves the imposition of discharge for instances of serious misconduct and repeated misconduct initially previously addressed through other forms of discipline. Forms of Progressive Discipline Include: • Oral Counseling • Oral Reprimand • Written Warning • Suspension and • Termination

31. Due Process - Defined • A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious. • Only unpaid suspension or termination take something away

32. What is Good and Just Cause … • The term 'just cause' means a real cause or basis for discipline as distinguished from an arbitrary whim or caprice; that is, some cause or ground that a reasonable employer, acting in good faith in similar circumstances, would regard as a good and sufficient basis for discipline of an employee

33. What is arbitrary and capricious? • Absence of a rational connection between the facts found and the choice made. A clear error of judgment; an action not based upon consideration of relevant factors and so is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law or if it was taken without observance of procedure required by law.

34. When do we remove someone? • Believe they’ve committed a violation that can result in termination • Only the Board can take away money or terminate employment • Considerations: • What is the allegation? • What evidence do we have? Firsthand witness that will testify to RIDE? • First offense, or multiple? History of discipline? • How long have they been employed? • Nobody ever was terminated for what they did while on Paid Administrative Leave

35. Tactics of opposing counsel … • Introduce doubt around just cause … • Show targeted attention; allege harassment and/or discrimination • Identify procedural error or discrepancy • Show lack of evidence • Show lack of supports • Discredit testimony of witness(es)

36. Strong defense is a good offense… • Clean investigation • Act timely • Identify and separate factual witnesses • Don’t bother with third party (hearsay) witnesses • Secure permission of parents when applicable, explain they need to testify • Ask consistent objective questions of witnesses • Avoid opinions • Collect evidence • Pictures, documents, written statements signed by witnesses, etc. • Secure Chain of Evidence • HR will redact student names

37. Avoiding Harassment & Discrimination Charge • Do you go into every classroom? “Yes, obviously I spend more time with those that are struggling” • What are you looking for? “Evidence of effective teaching” • How do you know you met that day? “Because I log every conversation on my (IPad, pocket calendar, desk calendar, notebook, smart phone, etc.) including who, what, why, etc.” • Be aware of patterns and demographics • Keep all documentation addressing performance (email is a public record) • Do not make comments that can be construed to show a bias against race, color, sex, religion, ancestral origin, disability, age, sexual orientation, or gender identity or expression

38. Documentation Templates

39. Questions