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

Purpose of this Workshop

• Distinguish between: 1. evaluation process -- fostering improvement 2. building strong disciplinary files -- support dismissal actions • Understanding the overlap between evaluation and progressive discipline

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

The Basics

• A good, basic starting principle is to distinguish between

intentional

and

unintentional

conduct.

Examples • Profanity with students • Flings books or other objects

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 class to run amok; he or she just lacks the skills to maintain a suitable learning environment.

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.

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

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.

How Often Do I Evaluate?

 Probationary & Permanent  At least once each school year for Probationary Teachers  At least every other year for Permanent Teachers

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.

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.

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?

Be Specific!

No : “Not all students were engaged.” 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: “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.”

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

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.

Have A Support Plan

 What to do if an employee is not performing his or her duties in a satisfactory manner

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.

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

Evaluation Standards

   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 California Standards for the Teaching Profession

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.

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

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

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.

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.

SMART TIPS – BEST PRACTICES

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?

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!

Provide constructive criticism

Be objective, honest, concise, yet explicit in assessing job performance and formulating objectives

NO SURPRISES

• Talk to your employees • Don’t hold back negative feedback • Communicate expectations • What will happen next

Practical Pointer

Create accurate documents that support personnel decisions, instead of inconsistent documents that undermine decisions

HOLD EVERYONE TO THE SAME STANDARDS

WHERE DO ADMINISTRATORS GO WRONG AND HOW DO WE AVOID THESE PITFALLS?

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

LACK OF SIGNATURES

CONCERNS NOT DOCUMENTED

SUPPORTS NOT IDENTIFIED OR NOT PROVIDED

PARENT AND PUBLIC COMPLAINTS

Evaluation v. Progressive Discipline

PURPOSES AND GOALS

Evaluation • Acknowledge excellence • Encourage professional growth • Support those needing assistance • Improve education in our schools

Evaluation v. Progressive Discipline PURPOSES AND GOALS

Progressive Discipline • Give the employee

notice

of

and

an

opportunity

employee to remedy unacceptable behavior or to improve unsatisfactory performance • Goal is not to punish but to strongly alert the • Corollary is that if the employee fails to improve, the district will have laid a foundation for more severe discipline

Know the Difference

UNSATISFACTORY PERFORMANCE vs MISCONDUCT

Communication with employee Documentation of concerns

Evaluation v. Progressive Discipline

EFFECTIVE DOCUMENTATION

• • • • •

B

ackground

R

ule

A

nalysis

D

irectives

S

upport

B

ACKGROUND – The W’s

– What happened?

– Who is involved?

– When did misconduct/incident occur?

– Where did it occur?

– Has this or similar misconduct occurred before?

R

ULE

– Law – Policies – Previous directives or instruction – Collective bargaining agreements – Common courtesy and/or decency

A

NALYSIS

• 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

D

IRECTIVES

• 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

S UPPORT

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

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

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.

45 Days

• Serves same purpose as 90-Day Notice.

• If employee improves during 45-Day remedial period and does not subsequently repeat the unprofessional conduct, then the process worked.

• If employee repeats misconduct during the remedial period or after the remedial period expires, then the district can proceed with dismissal charges based upon unprofessional conduct.

Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice. We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances.

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Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice. We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances.