Teacher Discipline vs. Evaluation

1. Teacher Discipline vs. Evaluation December 14, 2010 Presented by: Chris Williams Assistant Superintendent Human Resources Central Unified School District Robert V. Piacente Partner, Fagen Friedman & Fulfrost

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. • Examples • Profanity with students • Flings books or other objects

5. The Basics Likewise, a situation where a teacher’s 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 employee’s 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 District’s 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 District’s 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. Yes: “Four students in the back two rows of the classroom talked amongst themselves and passed a magazine back and forth while ignoring Teacher. Teacher did nothing to gain their attention and include them in the lesson for 20 minutes.” Yes: “The same three students were consistently called upon while the remainder of the class was not engaged.” No: “Not all students were engaged.”

15. No: “Classroom was loud, students were distracted.” Yes: “Teacher failed to impose corrective measures to focus students. Students in front rows were allowed to shout out answers and talk amongst themselves without interventions. Students in back of classroom could not hear Teacher due to excessive noise level.”

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 teacher’s 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 District’s 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. 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 Evaluation Standards California Standards for the Teaching Profession

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 isn’t written down, it didn’t 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 • Don’t 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. EFFECTIVE DOCUMENTATION Background Rule Analysis Directives Support Evaluation v. Progressive Discipline BRADS

44. BACKGROUND – The W’s • 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 employee’s 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 employee’s misconduct/unsatisfactory performance • Explain the district’s 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.