Teacher Dismissal and the New Teacher Evaluation System (TESS)

1. Teacher Dismissal and the New Teacher Evaluation System (TESS) Kristen Craig Gould, Staff Attorney, ASBA Special Thanks to Dr. Karen Cushman, Arkansas Department of Education

2. What is TESS? • Arkansas Teacher Excellence Support System (TESS) • Provide a transparent and consistent teacher evaluation system for public school districts and public charter schools • Support teachers' roles in improving students' educational achievements

3. Phrases you will hear • Charlotte Danielson • TESS is largely based the work of this educator and author of Enhancing Professional Practice, A Framework for Teaching. • Domain(s) • Danielson breaks teaching down into four areas or domains, and this structure is embedded in TESS.

4. What does TESS replace?

5. Instruments and RubricsSOME CURRENT INSTRUMENTS………

6. Under TESS:

8. “Good” teachers will get some scores in the Unsatisfactory and Basic categories. TESS raises expectations for teachers and administrators. Get Ready!

9. What is it supposed to do? • Provide an integrated system to improve student learning that links evaluation procedures with • curricular standards • professional learning activities • targeted support to encourage teachers in improving their knowledge and instructional skills

10. Who gets evaluated? • Licensed teachers willbe evaluated under the new system--including guidance counselors and media specialists. • “Teacher” also includes a non-licensed classroom teacher employed at a public charter school granted by the state board. • Pre-school teachers are not required to be evaluated under this system; however, a district/co-op can choose to include them.

11. Who does the evaluation? • Principals are expected to be instructional leaders • Any administrator who evaluates teachers MUST pass the certification test; central office administrators must complete the training but are not required to test unless they also evaluate teachers.

12. How do administrators get certified? • Administrators watch videos of lessons being taught, and are taught to score the job performance based on the Danielson domains. • “Double Check Marks” indicate a passing score for administrators

13. Some principals may not pass the test. Eventually, getting the TESS credential will be a standard expectation of the job of school administrator. Get Ready!

14. Time Frames

15. Arkansas Teacher Excellence Support System (TESS) Training Timeline – Revised March 2013 Evaluator Support Training 150 participants chosen by co-ops and large districts 3 Day Training Administrator/Evaluator Training One Day Face-to-Face Training for administrators was focused on law, training and evaluation process, certification test, and the Teachscape software. Teacher Support Training One Day Face-to-Face & 1/2 Day in Buildings One person from each school building will attend a 1 day face-to-face training at their local co-op to prepare for facilitating group sessions using modules of the Teachscape software at their school. Full Implementation All teachers must be evaluated using the TESS model 2014-15 Full Implementation Summer 2013 2013-2014 Year Mar-April 2013 December 2012 Jan – Mar 2013 Support in local districts and cooperatives. FFTPS training and proficiency test will be completed by December 31, 2013. Teachers must complete ½ day training and begin online training in FFTES by August 31, 2013. Schools may use the 2013-2014 school year to complete the training for all teachers. Schools are encouraged to provide group facilitated sessions led by the trainers through the modules and additional focus on the Framework in faculty meetings and other trainings. Teachers must complete the Teachscape modules by May 31, 2014. *Central office staff are not required to pass the certification test; however, they are required to complete training. *Summative evaluators of teachers must pass the certification test; current evaluators must pass by December 31, 2013. *Teachers must complete ½ day training by August 31, 2013, and Teachscape modules by May 31, 2014.

16. When? • TESS piloting with 11 schools was conducted in the 2012-2013 school year. • All schools will pilot TESS during the 2013-2014 school year. • The first full year of implementation is 2014-2015. • Data will be reported on the 2017 School Performance Reports.

17. Wait! Don’t we need a POLICY? • Yes, you need a policy. Yes, Model Policy Service will send you a policy. • Act 709 of 2013 made substantive changes to TESS which triggers exemption from the May first adoption deadline prescribed under A.C.A. 6-17-204. • We will send you a “policy kit” with different, optional paragraphs for the policy and districts can choose the one(s) that most directly align with their level of implementation for the pilot year.

18. What will this mean?

19. Change is good.

20. Change is good. You go first!

21. What will this mean to principals? • The job of principal will radically change in some schools. • Principals will spend more time in classrooms, less time in the office. • Support staff need to say, “Ms. Principal is observing in classrooms” not “Ms. Principal is away from her desk.” • Impact on who handles student discipline.

22. Hey! What about principal evaluation? • They are supposed to be evaluated under TESS, too. • ADE will eventually let us know how all that will work • Stand by for updates on this.

23. What will this mean to teachers? • This will challenge the existing cultural expectations concerning teacher evaluation • The job of teacher will be looked at in a very different way

24. What will this mean to board members? • Some teachers will be unhappy. • Some teachers may complain to you. • Consider reading Enhancing Professional Practice, a Framework for Teachers, by Charlotte Danielson. • Remember your statutory role to provide a due process hearing.

25. Track 2 Interim Teacher Appraisal Process Track 1 *Probationary/ Novice AR-TESS Teacher Tracks Year 3 Summative Evaluation on all components; formative can focus on targeted growth areas, PGP developed following first formative. 2A: Summative Evaluation Summative evaluation on all components once every three years; formatives can focus on targeted growth areas. PGP is used throughout the year. Track 3 Intensive Support Status Summative Evaluation Intensive Professional Learning Plan Multiple formal and informal observations Multiple conferences between teacher/evaluator May remain in track 2 semesters. 2 additional semesters may be added if improvement is observed. Year 2 Summative Evaluation on all components; formative can focus on targeted growth areas, PGP developed following first formative. 2B: Interim Appraisal Process 2B2:Observations focus on targeted areas of PGP. A modified evaluation is based on specific components of the rubric included in the PGP over the two year cycle. 2B1: Observations focus on targeted areas of PGP. A modified evaluation is based on specific components of the rubric included in the PGP over the year. Year 1 Summative Evaluation on all components; formative can focus on targeted growth areas, PGP developed following first formative. *"Probationary teacher" means a teacher who has not completed three (3) successive years of employment in the school district in which the teacher is currently employed. A teacher employed in a school district in Arkansas for three (3) years will complete the probationary period. *An employing school district may, by a majority vote of its directors, provide for one (1) additional year of probationary status – District Policy is required to place all new employees incoming to the district from another district /state on a one-year probationary status. *A first year teacher will be considered both a novice and probationary teacher. Revised 3/13/13 **

26. 3 Year Cycle Process Cycle 2 • Year 1 2B1 • Year 2 2A • Year 3 2B2 Cycle 1 • Year 1 2A • Year 2 2B2 • Year 3 2B1 Cycle 3 • Year 1 2B2 • Year 2 2B1 • Year 3 2A 2A-Formatives, PGP, summative with pre, formal observation, post, artifacts, reflection, and new PGP. This is all minimally on a three year cycle. 2B2-Conversations about PGP and observations focused on PGP goals during the year; reflection on PGP in spring. This may be for two years. 2B1-Conversations about PGP and observations focused on PGP goals during the year; reflection in spring conference on PGP. This is used for one year. Novice and Probationary have formative and summative cycle each year of their track.

27. How does TESS change things? So, how do you terminate or non-renew a teacher?

28. Teacher Fair Dismissal Act Still Applies! • If the reason for termination is serious misconduct (like slapping a student) the evaluation is not relevant—the job action isn’t based on classroom performance, but on doing something really bad. • If the reason for nonrenewal is a Reduction In Force or RIF, then TESS has nothing to do with it, because a RIF has to be based on objective criteria. (Evaluation is supposedly “subjective.”)

29. Where will TESS impact Teacher Termination?

30. Answer: If the teacher is being recommended for job action based on classroom performance problems that are identified by means of the TESS evaluation system. Where will TESS impact Teacher Termination?

31. Track 2 Interim Teacher Appraisal Process Track 1 *Probationary/ Novice AR-TESS Teacher Tracks Year 3 Summative Evaluation on all components; formative can focus on targeted growth areas, PGP developed following first formative. 2A: Summative Evaluation Summative evaluation on all components once every three years; formatives can focus on targeted growth areas. PGP is used throughout the year. Track 3 Intensive Support Status Summative Evaluation Intensive Professional Learning Plan Multiple formal and informal observations Multiple conferences between teacher/evaluator May remain in track 2 semesters. 2 additional semesters may be added if improvement is observed. Year 2 Summative Evaluation on all components; formative can focus on targeted growth areas, PGP developed following first formative. 2B: Interim Appraisal Process 2B2:Observations focus on targeted areas of PGP. A modified evaluation is based on specific components of the rubric included in the PGP over the two year cycle. 2B1: Observations focus on targeted areas of PGP. A modified evaluation is based on specific components of the rubric included in the PGP over the year. Year 1 Summative Evaluation on all components; formative can focus on targeted growth areas, PGP developed following first formative. *"Probationary teacher" means a teacher who has not completed three (3) successive years of employment in the school district in which the teacher is currently employed. A teacher employed in a school district in Arkansas for three (3) years will complete the probationary period. *An employing school district may, by a majority vote of its directors, provide for one (1) additional year of probationary status – District Policy is required to place all new employees incoming to the district from another district /state on a one-year probationary status. *A first year teacher will be considered both a novice and probationary teacher. Revised 3/13/13 **

32. Track 3—Intensive Support Status • Summative Evaluation • Intensive Professional Learning Plan • Multiple formal and informal observations • Multiple conferences between teacher/evaluator • May remain in track 2 semesters. 2 additional semesters may be added if improvement is observed.

33. What triggers Intensive Support Status under TESS? • An evaluator may place a teacher in intensive support status if the teacher has a rating of “Unsatisfactory” or “Basic” in a majority of descriptors (or worse, like 100% unsatisfactory) in a teacher evaluation category. • This is “teacher distress” like fiscal, academic or facilities distress. • In MISS

34. What does “Unsatisfactory” mean? • “Unsatisfactory” means that actual educational harm is being done to students.

35. What does “Basic” mean? • “Basic” means that a teacher is meeting minimum expectations.

36. What does “Proficient” mean? • Proficient is the desired standard—just like with student testing. • When you think back about your own educational experience, the outstanding teachers you remember probably would score “Proficient” in most subcategories. • Most teachers will have to work hard to score “Proficient in most categories.

37. Four Evaluation Categories • Planning and Preparation • Classroom Environment • Instruction • Professional Responsibilities • If in any one of these categories, all scores (100%) are Unsatisfactory or Basic (or a mixture of Unsatisfactory and Basic), mandatory intensive support status (MISS) is triggered, and that has a time limit.

38. (Proficient is the target, and if you don’t hit it, you miss!) MISS!

40. Four Evaluation Categories • Planning and Preparation: 6 total, 4 is majority • Classroom Environment: 5 total, 3 is majority • Instruction: 5 total, 3 is majority • Professional Responsibilities: 5 total, 3 is majority If a teacher scores Unsatisfactory or Basic in majority (or worse, like all or 4/5) of any one category, in any one of these areas, mandatory, statutory intensive support (MISS) may be triggered at district option.

41. Mandatory Intensive Support Status • MISS (mandatory intensive support status) cannot last for more than two consecutive semesters; however, if substantial progress is documented, it may continue for an additional two semesters at option of evaluator. • Evaluator works with teacher to establish goals for MISS

42. Mandatory Intensive Support Status • Evaluator determines whether or not goals met and tasks accomplished • Superintendent MUST recommend teacher on MISS, to be terminated or non-renewed, in compliance with TFDA, if performance not improved at end of time period.

43. Two Types of MISS MISS by law MISS at district option Majority of scores in any single category are Unsatisfactory or Basic District not forced; has choice to trigger MISS or handle another way If MISS triggered at option of district, same as MISS triggered by law. • All scores in any category are Unsatisfactory or Basic • District has no choice • Teacher has 2 semesters; if progress, district has option to continue for additional 2 semesters. • If inadequate improvement, superintendent MUST recommend term/nonrenewal.

44. Why the two semester limit? • The first purpose is to trigger intense support and resources on the teacher to help improve performance. • If a teacher shows signs of improvement, but needs more structured support, two additional semesters can be added at district option. • Ultimately, either the teacher will perform at the desired level, or . . . . else.

45. What if the teacher doesn’t trigger Mandatory Intensive Support? • A teacher may have serious classroom performance problems, but not trigger the law on MISS or the district may not wish to be tied to the MISS timeline. • This teacher can still and should be placed on something like Intensive Support, such as an Improvement Plan. (Call to attention in writing, document efforts to assist.) • Time limits do not apply to Improvement Plans by law (but can be imposed by the district). • TFDA still applies

46. Why would a district trigger MISS? • MISS gives additional legal protection to the district in a termination or non-renewal for poor teaching. • MISS documentation is considered to meet the requirements of TFDA documentation 6-17-2807(g)(3)(a). • MISS compliance creates a rebuttable presumption that school district has substantive basis for just cause for termination or non-renewal.

47. How can we all get ready? • Board members: • Read Charlotte Danielson • Become familiar with the evaluation form and the language of the new TESS • Understand that change is hard, and many people will not enjoy something new and demanding.

48. How can we all get ready? • Board members (continued) • Understand your statutory role in providing employee hearings is to get 100% of your information at the hearing • Consider staffing needs for student discipline and instructional leadership and teacher support • Help the public understand the new system, and the new demand on principals and administrators

49. How can administrators get ready? • Get “double check marks” • Explain domains to board members, and let them learn with the rest of the school community • Consider staffing priorities, and alternative student discipline models to free up administrator time for classroom observation and TESS documentation and meetings

50. How will ASBA provide support • You will get a model policy from us, with choices. • This will assist you in your “ramp up” phase next year. • We will develop administrative support strategies and activities to satisfy teacher MISS and Danielson focused Improvement Plans plans.