Workplace Issues with Teachers and Principals

1. Workplace Issues with Teachers and Principals Virginia Middle and High School Principals Conference June 25, 2017 Bradford A. King bking@sandsanderson.com (804) 783-7263

2. Topics for Discussion • Principal Evaluations - Timing, method, and student academic progress • Teacher grievances • Human Resources Issues • Hiring practices • HR policies • E-mailand social media

3. Principal Evaluations

4. Virginia Code § 22.1-294 • B. Each local school board shall adopt for use by the division superintendent clearly defined criteria for a performance evaluation process for principals, assistant principals, and supervisors that are consistent with the performance standards set forth in the Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents as provided in § 22.1-253.13:5 and that includes, among other things, an assessment of such administrators' skills and knowledge; student academic progress and school gains in student learning; and effectiveness in addressing school safety and enforcing student discipline. The division superintendent shall implement such performance evaluation process in making employment recommendations to the school board pursuant to § 22.1-293. Principals and assistant principals who have achieved continuing contract status shall be formally evaluated at least once every three years and evaluated informally at least once each year that they are not formally evaluated. Probationary principals and assistant principals shall be evaluated each school year.The division superintendent shall consider such evaluations, among other things, in making recommendations to the school board regarding the nonrenewal of the probationary contract of any principal or assistant principal.

5. § 22.1-253.13:5. Standard 5. • “Quality of classroom instruction and educational leadership” • B. Consistent with the finding that leadership is essential for the advancement of public education in the Commonwealth, teacher, principal, and superintendent evaluations shall be consistent with the performance standards included in the Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents. Evaluations shall include student academic progress as a significant component and an overall summative rating.

6. Evaluation Guidelines • “Guidelines for Uniform Performance Standards and Evaluation Criteria for Principals” • http://www.doe.virginia.gov/teaching/performance_evaluation/guidelines_ups_eval_criteria_principals.pdf • Effective July 1, 2013 • Revised July 23, 2015

7. Rationale for Principal Evaluation • “Principals have a challenging task in meeting the educational needs of an educationally diverse student population, and good evaluation is necessary to provide the principals with the support, recognition, and guidance they need to sustain and improve their efforts.” • “Because principals are so fundamentally important to school improvement and student success, improving the evaluation of principal performance is particularly relevant as a means to recognize excellence in leadership and to advance principal effectiveness.”

8. History of Principal Evaluation • Often focused on management, external environment and personal traits • Very seldom focused on leadership behaviors that ensured rigorous curriculum and quality instruction, which are linked with schoolwide improvement for student learning – the ultimate purpose of schooling. • Often lacked documentation and empirically supported information about best practices. • Frequently failed to advise regarding impact and consequences of evaluation – and created confusion for principals regarding what they should focus on.

9. Purposes of Principal Evaluation • Optimize student learning and growth • Contribute to the successful achievement of the goals and objectives defined in the vision, mission and goals of the division • Provide a basis for leadership improvement through productive principal performance appraisal and professional growth • Promote collaboration between the principal and evaluator and promote self-growth, leadership effectiveness, and improvement of overall job performance

10. Elements of Uniform Performance Standards • Performance Standards and Indicators • Proper Documentation of Principal Performance • Connecting Principal Performance to Student Academic Progress • Rating Principal Performance • Improving Principal Performance

11. Performance Standards • Instructional Leadership (10%) • School Climate (10%) • Human Resources Management (10%) • Organizational Management (10%) • Communication and Community Relations (10%) • Professionalism (10%) • Student Academic Progress: “The principal’s leadership results in acceptable, measurable student academic progress based on established standards.” (40%)

12. Student Academic Performance • Sample indicators: • Collaboratively develops, implements, and monitors the school improvement plan that results in increased student academic progress. • Utilizes research-based techniques for gathering and analyzing data from multiple measures to use in making decisions related to student academic progress and school improvement. • Communicates assessment results to multiple internal and external stakeholders. • Collaborates with teachers and staff to monitor and improve multiple measures of student progress through the analysis of data, the application of educational research, and the implementation of appropriate intervention and enrichment strategies.

13. Student Academic Performance • Sample Indicators • Utilizes faculty meetings, team/department meetings, and professional development activities to focus on student progress outcomes. • Provides evidence that students are meeting measureable, reasonable, and appropriate achievement goals. • Demonstrates responsibility for school academic achievement through proactive interactions with faculty/staff, students, and other stakeholders.

14. Student Academic Performance • Sample Indicators • Collaboratively develops, implements, and monitors long- and short-range achievement goals that address varied student populations according to state guidelines. • Ensures teachers’ student achievement goals are aligned with building-level goals for increased student academic progress and for meeting state benchmarks. • Sets benchmarks and implements appropriate strategies and interventions to accomplish desired outcomes. • NOTE: Recommends that evidence of progress be reviewed and considered throughout the year and that trend analysis be used where applicable.

15. Documentation of Performance • Self-Evaluation • Information Observation/School Site Visits • Portfolio/Document Log • Teacher/Staff Survey • Goal Setting • Not all sources will be necessary in your local school division evaluation system.

16. Part 4: Connecting Principal Performance to Student Academic Progress • Principals have an indirect, but powerful, influence on student achievement. The effect is most apparent through principals’ influence on those who directly interact with students in instructional settings. • Principals influence student achievement through their leadership style and their influence on school climate. • Principals of schools with high student achievement empower teachers to focus on student achievement and to make their own decisions in the classroom. • A strong leader committed to education is a common element in schools with at-risk population that exceed expectations for student achievement.

17. Methods for Connecting Student Performance to Principal Evaluation • For elementary and middle school principals: • At lease 20% of the evaluation is comprised of progress (value) data in the school as provided by VDOE when the data are available and can be used appropriately. • Another 20% of the evaluation should be measured using Student Academic Progress Goals with evidence that the alternative measure is valid. When possible, the second progress measure should be grounded in validated, quantitative, objective measures, using tools already available in the school.

18. Methods for Connecting Student Performance to Principal Evaluation • For high school principals, the entire 40% should be measured using Student Academic Progress Goals with evidence that the alternative measure is valid. As with elementary principals, this should include improvement in achievement measures (e.g., Standards of Learning assessment results, benchmarks) for the school.

19. Examples of Student Academic Progress Measures • Pattern of improvement in SOL assessment pass rates • Pattern of improvement in subgroup achievement on SOL assessments • Pattern of improvement across grade levels on SOL assessments • Decrease in achievement gaps between and among subgroups on SOL assessments • Decrease in the percentage of K-2 retentions by demonstrating more students are meeting or exceeding grade-level expectations • Pattern of increased percentage of middle school students taking high school level courses • Increase in the number/percent of students with disabilities meeting their Individualized Education Plan (IEP) goals • Increase in the percent of students taking the SATs

20. Teacher Grievances Part II of the Procedure for Adjusting Grievances

21. Purpose • “To provide an orderly procedure for resolving disputes concerning the application, interpretation, or violation of any of the provisions of local school board policies, rules and regulations as they affect the work of teachers, other than dismissals.” 8 VAC 20-90-20

22. Definitions • Teacherfor Part II means all employees of the school division involved in classroom instruction AND all other full-time employees of the school division except those employees classified as supervising employees. • Supervising employee means any person having authority to • (i) hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, and (ii) direct other employees, or • (iii) to adjust the grievance of other employees, or • (iv) recommend any action set forth in (i), (ii) or (iii) • PROVIDED that the authority requires the exercise of independent judgement and is not merely routine and clerical in nature.

23. Definitions – Cont’d Grievance – a complaint or a dispute by a teacher relating to his employment, including but not necessarily limited to • the application or interpretation of personnel policies, rules and regulations, ordinances, and statutes; • acts of reprisal against a teacher for filing or processing a grievance, or participating as a witness in any step, meeting, or hearing related to a grievance; or • complaints of discrimination on the basis of race, color, creed, political affiliation, handicap, age, national origin, or sex.

24. The Process • The Process is established at 8 VAC 20-90-30. • Grievance must be initiated within 15 business days following the event giving rise to the grievance or within 15 business days following the time the employee knew or reasonably should have known of its occurrence. • Step 1 – Informal. Conference between teacher and immediate supervisor. Mandatory. • Step 2 – Principal. Teacher must file a written grievance specifying the relief expected. • Meeting held within five business days. • No attorneys permitted. • Principal responds in writing within give business days.

25. The Process – Cont’d • Step 3 – Superintendent. • Teacher must file notice of appeal within five business days of receiving Step 2 answer. • Meeting within five business days. • The teacher and superintendent may be represented by counsel. • Superintendent responds in writing within five business days of meeting. • If not resolved, teacher may request a Step 4 decision by the school board (fact-finding panel option removed).

26. The Process – Cont’d • Step 4 – School Board • Teacher requests decision of school board by making written request within five business days after receipt of Step 3 answer. • School board may: • hold a hearing on the grievance; • elect to have the hearing conducted by a hearing officer; or • make a determination on the basis of the written evidence presented by the teacher and the recommendation of the superintendent.

27. The Process – Cont’d • Step 4 hearing: • Shall be set within 30 days of the school board’s receipt of the notice, and the teacher must be given at least 15 days’ written notice of the date, time and place of the hearing. • Other hearing provisions similar to those for a dismissal hearing (e.g, right to counsel, presentation of evidence, recording required, counsel/superintendent excluded from deliberations, etc.)

28. Human Resources Issues Hiring Practices HR Policies Social Media

29. Hiring Practices • § 22.1-295. Employment of teachers. • B. School boards shall adopt employment policies and practices designed to promote the employment and retention of highly qualified teachers and to effectively serve the educational needs of students. Such policies shall include, but need not be limited to, incentives for excellence in teaching, including financial support for teachers attending professional development seminars or those seeking and obtaining national certification.

30. Nondiscrimination in Hiring • Nondiscrimination: The School Board is an equal opportunity employer, committed to nondiscrimination in recruitment, selection, hiring, pay, promotion, retention or other personnel actions affecting employees or candidates for employment. Therefore, discrimination in employment against any person on the basis of race, color, religion, national origin, ancestry, political affiliation, sex, gender, gender identity, age, marital status, genetic information or disability is prohibited. Personnel decisions are based on merit and the ability to perform the essential functions of the job, with or without reasonable accommodation. • Many school boards have policies requiring the advertisement of all job postings internally and externally.

31. Anti-Nepotism • Sample Anti-Nepotism Provisions • The School Board may not employ or pay, and the superintendent may not recommend for employment, any family member of the superintendent or of a School Board member. This prohibition does not apply to the employment, promotion, or transfer within the school division of any family member who • has been employed pursuant to a written contract with the School Board or employed as a substitute teacher or teacher’s aide by the School Board prior to the taking of office of the superintendent or any School Board member, or • has been employed pursuant to a written contract with the School Board or employed as a substitute teacher or teacher’s aide by the School Board prior to the inception of the family relationship, or • was employed by the school board at any time prior to June 10, 1994, and had been employed at any time as a teacher or other employee of any Virginia school board prior to the taking of office of any member of the school board or division superintendent of schools.  • A family member employed as a substitute teacher may not be employed to any greater extent than he was employed by the School Board in the last full school year prior to the taking of office of such board member or division superintendent or to the inception of such relationship. • No family member of any employee may be employed by the School Board if the family member is to be employed in a direct supervisory and/or administrative relationship either supervisory or subordinate to the employee.  The employment and assignment of family members in the same organizational unit is discouraged.

32. Felons Need Not Apply • Can’t hire felons. Butler v. Fairfax County School Board(VA Supreme Court, December 2015) - Virginia Code Section 22.1-296.1 prohibits a school board from hiring an applicant who has been previously convicted of a felony.

33. Interview No-Nos • Do not ask disability-related or medical questions. • Do not ask about marital status or plans for family. • Make no promise of employment; only the school board can confirm employment. • Explain hiring process (e.g., if your school division utilizes an application process, committee interview process, scoring process, etc. – this should be well-scripted so coordinate with HR professionals) • Make no promise of salary. • Make no promise of specific job assignment.

34. Human Resources Policies • Know policy and follow policy. • Confirm with HR Director/Professionals. • Confer with legal counsel, WITH APPROVAL OF DIVISION SUPERINTENDENT – where necessary. • Frequent Issues with: • Employee evaluation and discipline • FMLA • ADA • Workers’ Compensation • Other leave: sick, annual, sick leave bank, etc. • Interaction with each of these leave types.

35. Social Media • Teachers and administrators are considered role models. • Free speech rights, generally. • May be restricted if/when a nexus exists with the school and the employees’ responsibilities as role models. • Social media frequently presents such a nexus. • Google “Teacher fired for Facebook Post” and see what you get! • Confer with HR Director and legal counsel when appropriate.

36. Questions?