Transcript Slide 1

MANAGING FOR
PERFORMANCE
Principal Meeting, Nov. 1, 2012
Types of Performance Issues
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Unsatisfactory Performance
Catastrophic Performance Failure
Violation of Professional Norms, Policy, or Law
Unsatisfactory Performance
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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
Catastrophic Performance Failure
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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
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Types of Violation of Professional
Norms, Policy, or Law
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Insubordination – “disobedient to authority” – reasonableness test
Chronic absenteeism
Inappropriate physical contact
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Professional misconduct
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Contact that makes people uncomfortable
Felony Assault or Molestation
Everything in between
Yelling
Bullying
Inappropriate conversations
Use of Profanity
Off-duty Conduct
* Not a complete list
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
Evaluation
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Teacher
Long-term Substitute
Teacher Assistant
Clerical
Teacher - Evaluation
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Non-tenured
 “A
better teacher” threshold
 Finish the formal observation by February 8 if
recommending non-renewal
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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
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Peer Assistance & Review
Peer Assistance and Review
Goal
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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
Peer Assistance and Review
PPSD –General Structure
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PAR Panel
7
PAR Panel Members (4 union/3 administrators)
 Responsible for oversight of PAR Program
 Review reports from Consulting Teachers
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PAR Consulting Teachers
5
Consulting Teachers (Peer Mentors)
 mentor, review, and report to PAR Panel Members
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PAR Reporting Periods
 Fall,
Winter, Spring
Peer Assistance and Review
Eligibility
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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)
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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
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Peer Assistance and Review
Governance: The PAR Panel
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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 nonrenewal 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
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Craig Bickley, PPSD
Maribeth Calabro, PTU
Susan Chin, PPSD
Robyn Gormley-Jackson, PTU
Kathleen Mcdonough, PTU
Mellissa Parkerson, PTU
Nkolika Onye, PPSD
Peer Assistance and Review
PAR Timeline
October
November
February
• Initial Meeting – 10/9
• Begin One-on-One Visits – 10/10
• Consulting teachers (CT) begin to confer regularly with building administrator
• CT’s complete minimum of 5 visits, more if participant is considered at-risk
• First Reporting Period to PAR Panel – 11/30
• CT’s complete minimum of 5 additional visits, more if considered at-risk
• Principals complete formal and at least 2 informal observations on non-tenured staff considered for non-renewal
• Second Reporting Period to PAR Panel – 2/8
• March 1 – deadline for notification of non-renewal of non-tenured staff
March
May
• Complete minimum of 5 additional visits
• Principals complete all formal observations
• Final Reporting Period to PAR Panel – 5/31
Peer Assistance and Review
Resources
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Providence Peer Assistance & Review
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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
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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
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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
Long-term Substitute Evaluation
Online LTSP Evaluation Form
Teacher Assistant - Evaluation
* In contract since at least 2005
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.
Chronic Absenteeism
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Teacher
Teacher Assistant
Clerical
Teacher - Absenteeism
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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.
Teacher Assistant - Absenteeism
Teacher Assistant – Absenteeism cont.
Clerical - Absenteeism
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No provision on absenteeism in labor agreement.
Addressing Chronic Absenteeism
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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)
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You can discipline for:
 No
Call
 Egregious levels of all other absences
 Patterns of absence
What is Progressive Discipline?
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Clerical
Teacher Assistant
Teacher
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.
Teacher Assistant - Discipline
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No provision on progressive discipline in labor
agreement. Adhere to traditional concepts of
Progressive Discipline.
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.
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.
Meeting with a Teacher
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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.
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:
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Oral Counseling
Oral Reprimand
Written Warning
Suspension and
Termination
Due Process - Defined
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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
What is Good and Just Cause …
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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
What is arbitrary and capricious?
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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.
When do we remove someone?
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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?
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Nobody ever was terminated for what they did while
on Paid Administrative Leave
Tactics of opposing counsel …
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Introduce doubt around just cause …
 Show
targeted attention; allege harassment and/or
discrimination
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Identify procedural error or discrepancy
Show lack of evidence
Show lack of supports
Discredit testimony of witness(es)
Strong defense is a good offense…
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Clean investigation
Act timely
 Identify and separate factual witnesses
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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
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Avoid opinions
Collect evidence
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Pictures, documents, written statements signed by witnesses, etc.
Secure Chain of Evidence
 HR will redact student names
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Avoiding Harassment & Discrimination
Charge
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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
Tchr D 6
Tchr A 3
Principal
Tchr B 3
Tchr C 4
Documentation Templates
SCHOOL NAME
SCHOOL ADDRESS
Providence, RI ZIP
tel. xxx-xxxx
fax xxx-xxxx
www.providenceschools.org
ANGEL TAVERAS
Mayor
SUSAN F. LUSI, PH.D.
Superintendent
Emergency Procedures
CRITICAL INCIDENT REPORT
(Form E)
This document must be sent via e-mail to [email protected] or [email protected]
SCHOOL NAME
Date and time:
_________________________________________
Memorandum
To:
Andre E. Thibeault, Director of School Operations
To:
Teacher Name
From: Principal/Administrator Name
From:
School: ____________________________School phone #_____________
Date:
DATE
Name & Title:_________________________________________________
cc:
Craig Bickley., Level Director, Gail Hareld
Re:
Written Warning
Type of Incident: _______________________________________________________________
Date & Time of Incident: ________________________________________________________
Description: (Include FULL NAME, grade, gender, and school of any students that are involved):
I met with you on ________ to review the following allegations:
[List Allegations: i.e. throwing book at student, tearing page out of textbook, etc.]
Start typing here.
[Describe the results of that meeting, were the explanations credible? Also describe the findings of your
investigation. For example, the allegations were credible due to the consistency of student statements, the
physical damaged to the textbook etc., or that the teacher’s explanation was not credible due to
inconsistency with time/location etc.]
Consider this memorandum a written warning for ___[list reasons for written warning] [Outline how
employee should adjust behavior and the timeline for the behavioral adjustment]. Any further misconduct
or performance issues will be subject to additional discipline, up to and including dismissal.
In accordance with the collective bargaining agreement, you must sign below and return this letter to me
for placement in your personnel file. I am also enclosing an additional copy for your records.
Was anyone physically harmed as a result of this incident?
Notifications made (check all that apply):
Police/Fire/Rescue Action: type here
 Police
 Fire
 Yes
 Rescue
 No
______________________________________________ ________________
[Teacher’s Name]
Date
“I understand that my signing this letter does not necessarily indicate agreement with its
contents, but that I have had an opportunity to read this letter before it is placed in my
personnel file.”
Administrative Action: type here
_________________________________________________
[Human Resources]
__________________
Date
Additional Comments: type here
“My signature indicates the Office of Human Resources has conducted an investigation and has
determined that there is sufficient evidence for this correspondence to be placed into the teacher’s
personnel file.”
Questions