Transcript LEGAL ONE ADVANCED Summit and Westfield School Districts

Wayne Oppito, Esq.
Jay Doolan, Ed.D.
Art Firestone
Alan Sadovnik, Ph.D.
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Legal Requirements related to observation,
evaluation, supervision, discipline, increment
withholding, tenure charges
Evaluation system in transition—
recommendations from the NJ Educator
Effectiveness Task Force
Review of observation and evaluation best
practices
Review of research and policies that explore
how evaluation can improve schools and
teacher performance
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N.J.A.C. 6A:32-4.5
◦ Minimum of 3 observations required
◦ Minimum of 1 each semester
◦ Minimum of one class period in a secondary school
or one complete lesson in elementary school
◦ Consistent with Board policy
◦ Annual Written evaluation plan
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N.J.A.C. 6A:32-4.4
◦ Minimum of 1 observation required
◦ Minimum of one class period in a secondary school
or one complete lesson in elementary school
◦ Consistent with Board Policy
◦ Annual Written Evaluation
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Performance Areas of Strength
Areas Needing Improvement
Individual Professional Development Plan
Summary of Indicators of Student Progress
and Growth
NOT LIMITED TO ISSUES FROM OBSERVATIONS
– May incorporate other issues, such as student
performance data, ongoing classroom
management, parent communication, etc.
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Clear roles and responsibilities
Development of job descriptions and
evaluation criteria
Methods of data collection and reporting
Observation conferences between supervisor
and teaching staff member
Preparation of PIP
Preparation of annual written performance
report
Any changes in Board Policy distributed by
10/1
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Following each observation
No later than 10 days after observation
Right to rebuttal, must be done within 10
days
Purposes
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Improve performance
Identify deficiencies
Extend assistance
Provide basis for reemployment recommendation
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Verbal warning/reprimand, no writing
Written reprimand
– Right to binding arbitration (N.J.S.A. 34:13A-29)
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Increment Withholding
– May be disciplinary OR performance related
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Tenure Charges
– Conduct unbecoming, inefficiency, incapacity, other
just cause
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Cannot Transfer as form of discipline
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If performance based, burden on employee to
prove it was arbitrary and capricious – goes
before Commissioner of Education
If disciplinary, burden on district to prove it
had just cause – goes before arbitrator
Must take place prior to start of school year
(before Sept. 1 for teacher)
Has permanent impact on salary, pension
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All tenure charges require detailed notice,
right of employee to respond in writing
Board must determine there is preponderance
of evidence to support charges, and charges
are serious enough to warrant dismissal
If tenure charges for inefficiency, must first
provide 90 day improvement plan
– Include clear benchmarks for improvement
– Provide assistance, ongoing and clear feedback
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Discrimination Claims
Reasonable Accommodations
Sexual Harassment Claims
Retaliation Claims
Political lobbying
Grievances /Unfair Practice Charges
– Contract violations
– Targeting for Protected Union Activity
– Denying Access to Union Representative
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Member of protected class
Suffered adverse employment action
Adverse action was motivated by illegal bias
Any legitimate, non-discriminatory reason
given is a pretext for discrimination
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Reasonable person standard
Must show link between activity and gender,
sexual orientation, sexual identity, etc.
Two types
◦ Quid pro quo
◦ Hostile Work environment
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Must have engaged in protected activity
Adverse employment action linked to your
participation in protected activity
Examples of protected activity could include
◦ Reporting health or safety violation
◦ Filing grievance
◦ Reporting sexual harassment
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Know the contract
Avoid scheduling issues such as having staff
meeting go beyond contract day
Promote open communications with
association leaders, reps
Never taking filing of grievance personally
Understand the politics involved and seek
higher level support for controversial issues
Recommendations from NJ Educator
Effectiveness Task Force Report
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Schools in state of crisis
Achievement gaps are persistent and
growing
When compared internationally, US is
15th in reading, 23rd in science, and 31st
in math (PISA)
Teachers play a significant role in
improving achievement—now have
technical systems to identify poor
performing teachers
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NJ number 3 in the country on 4th grade
reading on latest NAEP—40% students
proficient vs. 31% US average
NJ number 3 in the country on 8th grade
mathematics on latest NAEP—44% students
proficient vs. 33% US average
NJ leads states in percent of high school
students who graduate—83% graduate vs.
69% US average
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Measure student growth
Design and implement rigorous evaluation
systems that take into account data on
student growth
Use the evaluation system to:
◦ Inform professional development
◦ Compensate, promote and retain staff
◦ Grant tenure
◦ Remove ineffective tenured and nontenured staff
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Provides alternatives to failing schools
(charters, choice, and Opportunity
Scholarship Act)
Rewards innovative, effective, and high
quality teachers (based on competency not
seniority)
Reforms teacher and school leaders
evaluation systems (student achievement and
merit pay)
Enhances NJSMART to measure learning in
classroooms and schools
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Student achievement appears to be
the most direct measure of teacher
quality and, by extension, principal
quality. Research strongly supports
the contention that effective
teachers and principals lead to
higher student achievement.
James H. Stronge
Recommendations to the Governor on
March 1
 Evaluation system implemented in 5-8
pilot districts in 2011-2012
 Evaluation system modified and ready
for broad implementation in 20122013
 Evaluation system used in making
personnel decisions in 2013-2014
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The needs of students are paramount—
public education exists for the benefit of
children
All students can achieve at the highest
levels—public education must lead to high
levels of achievement no matter where
students begin
Educators have the power to inspire,
engage, and broaden the life opportunities
of all students
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WHO—Recommendations are for teachers
and principals
PURPOSE—To assess the current
performance of teachers and principals and
provide feedback on how to improve
EFFECTIVENESS—To inform decisions about
hiring, tenure, compensation, dismissal,
etc.
SUMMATIVE CATEGORIES—Highly Effective,
Effective, Partially Effective, and Ineffective
Teacher Evaluation
100%
Student Achievement
50%
Teacher Practice
50%
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A recommendation that the system be
based on the new core teaching
standards developed by the Interstate
New Teacher Assessment and Support
Consortium (INTASC)
Ten standards focus on:
◦ The Learner and Learning
◦ Content
◦ Instructional Practice
◦ Professional Responsibility
Teacher Practice
100%
Classroom Observation
Tool
50% - 95%
Other Measures of
Teacher Practice
5% - 50%
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Conducted four times a year with one annual
summative evaluation
Based on a list of Commissioner-approved
measurement tools and protocols from which
districts can choose (eg. Danielson’s
Framework for Teaching)
Focused on the following essential
observation elements:
◦ Well-trained observers
◦ High quality rating rubrics
◦ Faithful administration of selected protocol
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Documentation logs/portfolios about student
learning and how well teachers adhere to
performance standards
Student surveys about classroom
environment and their teachers’ effectiveness
Assessments of teachers’ pedagogical
content knowledge, such as ETS’ assessment
of teachers’ general, specialized, and
pedagogical content knowledge
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Principals and other administrators
Peer Assistance and Review—a panel that
identifies underperforming teachers, provides
them a professional improvement plan, and
makes recommendations about contract
renewal, a second year in PAR, or contract
termination
Master Teachers—district teachers that
provide an additional set of suggestions for
improvement
Student
Achievement
100%
Student Growth
on Statewide
Assessment
70% - 90%
Schoolwide
Performance
Measure
10%
Other
Measures of
Performance
0% - 20%
Evaluation systems should use
multiple measures of student
achievement to determine teacher
effectiveness
 Growth models are best to measure
student performance—state will use
state assessment data from 20092010 to be available in fall 2011
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Status Model: Takes snapshot of student
proficiency at one point in time (current
system)
Growth Model: Measures progress by tracking
achievement scores from one year to next
Value-Added Model: Uses student
background characteristics, achievement, and
other data as statistical controls in order to
isolate the effects of the school, program, or
teacher on student progress.
 How
much did student
improve from 4th grade to 5th
grade relative to his academic
peers—students with the same
score in 4th grade?
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Ranking all students by scale scores for
year one
Placing students into academic peer groups
based on scores
Ranking and placing students into academic
peer groups for year two
Calculating student growth by comparing
student performance across years related to
academic peer group performance
State assessment information with
multiple years is available only in
grades 4 to 8
 Leaves out primary and high school
teachers and non-tested content area
teachers
 Also leaves out counselors, social
workers, and other educational
services personnel
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State assessments to be used for math and
language arts in grades 4 to 8
State to consider the development of
standardized assessments in as many nontested content areas and grades as
appropriate
State to approve the types of assessments
that are acceptable for use in non-tested
areas
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High school graduation rate increase
Promotion rates from 9th to 10th grade
College matriculation rate increase
Proficiency level increases for an underserved
subgroup
Advanced level increases for the school or
subgroups
Student attainment on nationally normed or
supplemental assessments
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Growth or attainment on nationally normed
tests—Iowa Test of Basic Skills
Growth or attainment on supplemental
assessments—Stanford 9
State-mandated end of course tests—biology
Student achievement goals or student
learning objectives
Grade and subject specific student
outcomes—graduation/college acceptance
rates
Measures of
effective
practice,
40%
40%
50%
Retention of
effective teachers,
10%
10%
Measures of
student
achievement,
50%
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Develop and implement a shared vision of
learning
Monitor and continuously improve teaching
and learning
Manage organizational systems and
resources for a safe, high-performing
learning environment
Collaborate with families and stakeholders
Be ethical and act with integrity
Advocate for teachers’ and students’ needs
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Performance indicators developed by the
state
Multiple data sources, including observations
of instructional meetings, PLCs, etc, used to
gather evidence of performance
Approved rubrics, templates and tools must
be validated
Evaluation performed by superintendents or
their trained designees
Review of leadership practice twice per year
with an annual summative evaluation
Principal’s effectiveness in improving
teacher effectiveness—growth of
teachers’ ratings
 Principal’s effectiveness in recruiting
and retaining effective teachers
 Principal’s effectiveness in exiting
ineffective teachers
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Evaluation based on the aggregated growth
of all students on statewide assessments
(all subjects and grades) (35%)
Growth Model: Measures progress by
tracking achievement scores from one year
to next
Evaluation also includes at least one
school-specific goal (15%) approved by the
Commissioner and district superintendent
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High school graduation rate increase
Promotion rates from 9th to 10th grade
College matriculation rate increase
Proficiency level increases for an underserved
subgroup
Advanced level increases for the school or
subgroups
Student attainment on nationally normed or
supplemental assessments
High quality training
 Awareness of all educators about the
new system
 Frequent observations and teacher
feedback
 Elimination of unnecessary mandates
to provide more time
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Valid and reliable measures of student
performance in all subjects and grades
High quality data systems
Need for additional observers
Principal authority over teachers, budgets,
etc.
Evaluations for all, including
superintendents, librarians, nurses, social
workers, secretaries, and custodians
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Using student assessment measures as a
high-stakes evaluation measure
Connecting test scores to teachers who teach
untested content areas (could be 70%)
Connecting test scores to principals
Identifying multiple measures to compare
across classrooms
Determining valid ratings for individual
teachers when multiple teachers are involved
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Defining the other half of the evaluation
system—best practices in teaching and
learning and leadership
Ensuring quality evaluators and training for
all—teachers and school leaders
Establishing appropriate weights and an
overall formula for evaluating both student
growth and best practices
Need for research that supports high stakes
evaluation systems
New CCCS and Common Core
 New Common Core Assessment
System
 Compensation/Promotion
 Merit-Based Bonuses
 Tenure
 Reductions in Force
 Professional Development
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Harrison School District, Colorado
State of Tennessee
(See Handouts)