Transcript Document
Middle Georgia RESA Legal Update for Administrators September 28, 2009 Cory O. Kirby Harben, Hartley & Hawkins, LLP 1 Legislation From the Gold Dome Parental Choice Within the School District HB 251 O.C.G.A. § 20-2-2131 (a)(1) Beginning in school year 2009-2010, the parent of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school. HB 251 O.C.G.A. § 20-2-2131 (a)(1) Beginning in school year 2009-2010, the parent of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school. HB 251 O.C.G.A. § 20-2-2131 (a)(1) Beginning in school year 2009-2010, the parent of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school. HB 251 O.C.G.A. § 20-2-2131 (a)(1) Beginning in school year 2009-2010, the parent of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school. HB 251 O.C.G.A. § 20-2-2131 (a)(1) Beginning in school year 2009-2010, the parent of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school. Intradistrict Choice – HB 251 Took effect 7/1/09 Universal streamlined process developed by the District, including, at a minimum, the process developed as model by SDOE Notice to parents by July 1 every year HB 251 – Student Transfers NCLB/State Accountability Provisions Unsafe School Option Systems under court supervision Other court orders IDEA/Special Ed placements Medically Fragile students Placement of homeless students Placement of migrant students Inter-district contracts DHR & DJJ placements SB 10 students Students in foster care Local tuition policies: student currently enrolled & future enrollees Students in newly annexed areas Emancipated Students Open campus schools Magnet schools System implementing student choice Enrollment of siblings Enrollment of twins Enrollment of employee’s children Proximity/distance enrollments Curriculum transfers Seniors who move to another zone but remain in current school Parent requests for transfer due to lack of available permanent classroom space Student transfer requests as victim of violent crimes School Attendance Protocol Committee findings 2 year old pre-enrollment Enrollment of students with discipline problems Discipline & suspension issues SDOE Model Each district will define “classroom space available” Uses SB 10 definition of available space as model Must give priority to desegregation orders, IDEA, NCLB May define other priorities with the district plan Nepotism – HB 251 No person with relative on the board or employed as superintendent, principal, assistant principal or system administrative staff is eligible to serve on the BOE Relative: spouse, child, sibling, parent(or spouse) Applies only to BOE members elected or appointed after 7/1/09 “Nothing… shall affect the employment of any person employed on or before 7/1/09 … or when immediate family member becomes a board member” 12 And Superintendents too… No person with relative on the board or hired or promoted to principal, assistant principal or system administrative staff is eligible to be employed as Superintendent “Nothing… shall affect the employment of any person employed on or before 7/1/09 … or when immediate family member becomes superintendent” 13 HB 455 May 15 deadline Teachers who earn leadership degrees after 7/1/10, but who are not employed in a leadership position (as defined by SBOE), will not be paid for the leadership certificate Stay tuned for interpretations 14 HB 229 – SHAPE 2011-2012 – annual fitness assessment program, as approved and funded by SBOE, 1X /year for students in 1-12, only through a PE course taught by certified PE teacher in which student is enrolled Measure level of physical fitness, report to parent and aggregate by school to SBOE SHAPELIEST SCHOOL – state recognition 15 HB 243 – National Board Certified Any person enrolled on 3/1/09 shall be eligible for salary increases, subject to appropriation After 7/1/09, only those shall be eligible 2010 appropriation based on 10% of base salary for T4, 1st year 16 HB 193 – New definition of “school year” Changes requirement for 180-day school year for students and allows “equivalent determined in accordance with SDOE guidelines” 17 SB 114 – Children of Military Families Policies Affected School Admissions Transfer & Withdrawals Absences and Excuses Transferring Credits Graduation Requirements Student Records Immunization Promotion & Retention Entrance Age Extracurricular Activities Scheduling for Instruction SB 8 – Epi Pen Administration Each local board of education shall adopt a policy authorizing a student to carry and self-administer prescription auto-injectable epinephrine. Such policy shall provide that in order to carry and selfadminister prescription auto-injectable epinephrine, the student’s parent shall provide a written statement from physician and release to consult with physician and from liability Provisions to protect the safety of all students from misuse or abuse Federal Legislation The New Americans with Disabilities Act (Effective Jan. 1, 2009) A disability is defined as: (this is not a change) – A physical or mental impairment that substantially limits one or more major life activities; – A record of such an impairment; or – Being regarded as having such an impairment. Shift in Focus Is there a disability? Is there a reasonable accommodation? Shift in Focus Is there a disability? Is there a reasonable accommodation? Shift in Focus Is there a disability? Is there a reasonable accommodation? Major Life Activity Performing manual tasks Working Reading Bending Thinking Breathing Eating Hearing Lifting Communicating Concentrating Standing Seeing Caring for one’s self Speaking The operation of a major bodily function Sleeping Walking Learning Major Life Activity Performing manual tasks Working Reading Bending Thinking Breathing Eating Hearing Lifting Communicating Concentrating Standing Seeing Caring for one’s self Speaking The operation of a major bodily function Sleeping Walking Learning Major Life Activity Performing manual tasks Working Reading Bending Thinking Breathing Eating Hearing Lifting Communicating Concentrating Standing Seeing Caring for one’s self Speaking The operation of a major bodily function Sleeping Walking Learning New ADA and Section 504: Both Effective 1/1/09 Personnel Issues Importance of job descriptions and documentation Is every employee entitled to accommodation plan? Retaliation claims and recent RIFs Student Issues Section 504 made consistent with ADA What about response to intervention? Can RTI save us from IEP for every child? When is a RIF Policy NOT NOT Needed? At Will Employees Nonrenewal of Nontenured Teachers Normal Attrition and Reassignment What about Fairness & Politics? 29 Fair Dismissal Act 1. Incompetency; 2. Insubordination; 3. Willful neglect of duties; 4. Immorality; 5. Inciting, encouraging or counseling students to violate any valid state law, municipal ordinance, policy or rule of the board; 6. Reduction Reduction of of staff staff due due to to loss loss of of students students or or cancellation cancellation of of programs; programs; 7. Failure to secure and maintain necessary educational training; or 8. An other good and sufficient cause. 30 Challenging the Decision to RIF "A reduction in force involves the efficient administration of the school system and the need to adjust how the school system is operated, regardless of when the need arises." State Board of Education “Decisions such as whether to institute a RIF are legislative in nature and will not be overturned by the courts unless they amount to a gross abuse of discretion.” Georgia Court of Appeals 31 “nothing in this policy shall be construed to extend to any employee substantive or procedural rights not required under state law. Specifically, nothing in this policy shall extend to professional personnel any expectation of re-employment or due process rights greater than are available under the Fair Dismissal Law of Georgia. This policy is not to be construed to mandate the promotion or transfer of an employee to any other position with the School District, even though the employee who is to be terminated may be qualified or certified for a higher or other position.” 32 “When the Superintendent determines that the application of this reduction in force policy is necessary, it shall be his or her primary responsibility to prepare for presentation to the Board of Education a plan for reduction in force (RIF) in the affected program area(s).” 33 “In making recommendations for termination, nonrenewal or downgrading of employee positions, the Superintendent may determine the group of employees to which the RIF will be applied or may consider any position or employee of the Board of Education.” 34 “Factors to be considered by the Superintendent in devising a RIF plan shall include, first and foremost, the professional expertise, effectiveness and overall job performance of individual employees. Only where demonstrated competence and expertise are equal among employees shall other factors such as tenure status, level of certification, and length of continuous service with the Board by considered in order to make recommendations for the termination, nonrenewal or downgrading of an employee’s position.” 35 Right to Recall Illegal Discrimination or Other Federal Claims Issues after the RIF Unemployment References 36 Teacher Evaluation: It’s Not Just for Tenured Teachers 37 Documentation & Evaluation in Light of Education Reform Legislation What has been the impact of education reform acts on evaluating teacher performance? Significant shift from evaluating teacher performance to evaluating student achievement. History of evaluating teachers focused on whether teachers had mastered certain discrete techniques. 38 QBE and Teacher Evaluation 20-2-210: All personnel…shall have their performance evaluated annually by appropriately trained evaluators. [Educators] who have deficiencies and other needs shall have professional development plans. Progress relative to completing the [PDP] shall be assessed [ as part of ongoing evaluation]. “Cumulative evaluative record” 39 QBE: Assessing Teacher Performance Identify competencies associated with effective teaching Assumption: If teacher can demonstrate these competencies, students will learn Evaluation: Observing teacher performance & determining whether teacher complies with duties and responsibilities 40 QBE: Assumptions about Evaluations All teachers in all school districts would be evaluated using the same criteria if administrators received the same training Fundamental purpose of teacher evaluation to improve instruction—not to document failure to perform Teachers would model techniques, methodologies teacher training programs touted as effective 41 What Results from QBE Evaluations? Many administrators were not well trained to evaluate teachers Teachers learned the expected routine Evaluations became paper work burden— not an effective teacher improvement program Satisfactory = minimally acceptable 42 QBE Evaluations: Results Minimum time spent in observing teachers GTDRI seldom used effectively Evaluations were not accurate reflection of teacher performance or adherence to duties and responsibilities Evaluations could not be used for documentation 43 More Results of QBE Evaluations Evaluations became barriers to adverse employment decisions Evaluations were a teacher’s best defense Teachers resented any “needs improvement” indicators GTEP evaluations regarded as a “joke” Over 95% of all teachers did not need improving in any area 44 Legislative Response to QBE Evaluations 1995: Legislature struck requirement that SBOE shall adopt regulations and standards. New language: local units of administration are authorized to use the models developed by the State Board of Education. School systems now decide how much—if any– of the GTEP procedures to retain 45 The A+ Education Reform Act of 2000 and Evaluations 20-2-210 amended again by the omnibus HB 1187 to address teacher evaluations. Act mandates that annual teacher evaluations must “at a minimum take into consideration” seven discrete factors. School leaders must use these factors and other relevant factors in assessing quality of instruction and effectiveness of teachers [and other employees]. 46 The Steps in the Evaluation Process Identification Remediation Confrontation Documentation 47 ARE STUDENTS LEARNING? 1. The role of the teacher in meeting – The school’s student achievement goals – The academic gains of students assigned to the teacher 48 ARE TEACHERS TEACHING? 2. Observations of the teacher by the principal and assistant principals – During the delivery of instruction – At other times as appropriate 49 IS THE TEACHER LEARNING? 3. Participation in professional development opportunities – Application of concepts learned to classroom and school activities 50 HOW DOES THE TEACHER RELATE TO OTHERS? 4. Communication and interpersonal skills – Interaction with students and parents – Interaction with other teachers, administrators and other school personnel 51 DOES THE TEACHER COME TO WORK AND ON TIME? 5. Timeliness and attendance for assigned responsibilities – Showing up and on time is essential to be effective 52 DOES THE TEACHER FOLLOW RULES? 6. Adherence to school and local school system procedures and rules This would include – Special education IEP’s and procedures – SST plans and procedures – Discipline procedures – Assessment of students 53 DOES THE TEACHER BEHAVE? 7. Personal conduct while in the performance of school duties – Does the teacher behave in a professional manner at all times With students especially, but also With parents, other teachers and administrators? 54 HOW TO DETERMINE IF STUDENTS ARE LEARNING Evaluators should make every effort to – Utilize wide range of student achievement assessments – Utilize the teachers’ own testing of students – Assessments set by the local board – Assessments required by state law or rule 55 EVALUATING TEACHERS BASED UPON STUDENT PERFORMANCE Student assignments and tests as a measure of student achievement Teachers’ grades as a guide to assessing teacher performance Student achievement as measured by CRCT, other standardized assessments Promotion/Retention and Teacher Effectiveness 56 WHEN EVALUATIONS MUST BE COMPLETED? The evaluator must complete evaluation for each professional person by April 1 of each year, and The superintendent is accountable to ensure this is done 57 Which Teacher Falls Below the Acceptable Standard? Which teacher am I longing for his/her retirement? Which teacher’s students do other teachers not want because they didn’t learn anything the previous year? Which teacher would I not let teach my child? 58 Beginning with the Principal’s Principles Improving teacher performance is the most important responsibility of the school leader Allocation of time for evaluating teacher performance: The 90/10 and 10/90 rule Goal: To ensure that each child has a competent and effective teacher, and To support and enable each teacher for whom the leader is responsible to become fully proficient 59 Enlisting Support for the Process Do you have the support of the best teachers? How effective teachers can assist in implementing teacher improvement strategies Developing a team approach to teacher evaluation and improvement plan Keeping the Board and Superintendent Informed (The Teachers Will) 60 What is effective documentation? Clear, concise and unambiguous language Language that conveys the intent of the writer What message will the unintended reader receive? Documentation as the most effective witness 61 Is Documentation Harassment? Legal v. Illegal harassment? How to deflect allegations of harassment The boss is not always right—but is always the boss 62 How Much and How Long? How thick must the file be? How long must we document? Quality vs. Quantity How long must students endure? Tying documentation to student achievement 63 A Review of Sample Documentation that Worked The ineffective teacher and how to direct effectiveness The chronically absent or tardy teacher The ineffective communicator Enlisting the help of others The rule breaker Get a commitment from the teacher 64 Inspiring a resignation Counseling or Coercing? Advising or Intimidating? Accepting resignations Can you make a deal? When do you need the lawyer? 65 US Supreme Court: Safford Unified v. Redding Strip search of middle school student was too intrusive given the threat imposed by the pills and the lack of information they would be found Watch out for the footnote about bookbags Does a clear notice to the student and parent help? Involvement of the SRO 66 Decision of the Georgia Supreme Court Supreme Court finds a ministerial duty and upholds Court of Appeals in Smith v. McDowell A principal’s directive creates a ministerial duty What effect does the admission of the secretary that she had no discretion have? Why does it matter? 67 Your Turn: What Questions Did Not Get Answered? 68 ADJOURN 69