Successful Remediation of the Unsatisfactory Teacher
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Successful Remediation of the Unsatisfactory Teacher

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Presentation by Dr. Voltz on teacher evaluation and remediation of tenured and non-tenured teachers.

Presentation by Dr. Voltz on teacher evaluation and remediation of tenured and non-tenured teachers.

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Successful Remediation of the Unsatisfactory Teacher Successful Remediation of the Unsatisfactory Teacher Presentation Transcript

  • Successful Remediation of the Unsatisfactory Teacher Administrator Academy #1011 Administrator Academy #1011
  • If some of the slide printing is too small you can view online at http://slidesha.re/IASARemediation http://slidesha.re/IASARemediation
  • http://illinoisasa.wikispaces.com /
  • Application/Dissemination
    • Make a presentation to staff
      • Summary of what you learned today
      • An agenda of the meeting
      • An attendee list
      • Date and time of presentation
      • Location of presentation
  • Goals for this academy
  • “Think of Students First”
  • To be able to know, describe and inform teachers what is effective instruction
  • Resources for Teacher Evaluation
    • Danielson, Charlotte. Enhancing Professional Practice, A Framework for Teaching . Virginia, ASCD, 2007.
    • Elder, Chet. Dismissal Doesn’t Have To Be Difficult . New York: Rowman & Littlefield Education, 2004.
    • Esquith, Rafe. Teach Like Your Hair’s On Fire . New York: Penguin Group, 2007.
    • Lemov, Doug. Teach Like A Champion . San Francisco: Jossey-Bass, 2010.
    • Wise, Joseph, and David Sundstrom. Power of Teaching – The Science of the Art . Florida: Atlantic Research Partners, 2010.
  • Small Group Activity
    • Break out into groups of 5
    • Allow each person 2 minutes to tell about the best teacher lesson they every observed.
    • As a group choose the best example
    • Report out to the group the best example of teaching
  • “Fundamental Fairness”
  • What to do with Unsatisfactory Teachers
  • Successfully terminate poor teachers
  • NJ Governor message was as much to school leaders as to teachers. "We have done a spectacularly lousy job when it comes to teacher evaluation," he said
  • Learn how to use technology to enhance classroom walkthroughs and teacher evaluation
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  • What is your reaction to these statements?
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  • Teacher Evaluations Typically Look Like This
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  • Teacher evaluations should look like this.
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  • What ideas do you have to make administrators more effective as teacher evaluators?
  • Administrators will be far more effective when their classroom evaluation visits are:
  • Unannounced, so they see everyday reality
  • Short, frequent, and systematic, so every teacher is visited at least 10 times a year and all aspects of instruction are sampled
  • Followed each time by a short, face-to-face conversations in which the principal and teacher focus on curriculum, methods, and results (struggling teachers would get more intensive supervision and support and an improvement plan)
  • Summed up in end-of-year evaluations with two dimensions: a rubric that gives detailed ratings at four levels — highly effective, effective, improvement necessary, and does not meet standards — and a report on each teacher team’s September-to-May student learning gains measured by high-quality during-the-year assessments.
  • How can principals find the time to do all of this?
  • Routine tasks need to be done routinely
  • What do principals actually do?
    • Wallace Foundation Study
      • 66.7% on management functions
        • Student discipline, student supervision, employee discipline, office work/prep, building management, dealing with parents, attending management meetings
      • 29.7% on instruction
        • Working with students, observing teachers, conducting classroom visits, providing feedback to teachers, talking to parents about student learning, teaching/modeling, participating in professional development, planning curriculum, assessment
  • Management Functions
    • Student discipline
    • Student supervision
    • Employee Discipline
    • Office work/prep
    • Building management
    • Dealing with parents
    • Attending management meetings
  • Instruction
    • Working with students
    • Observing teachers
    • Conducting classroom visits
    • Providing feedback to teachers
    • Talking to parents about student learning
    • Teaching/modeling
    • Participating in professional development
    • Planning curriculum
    • Assessment
  • Teachers Want
    • Specific feedback on the observation and also what they need to do to improve
    • A professional relationship with the coach/administrator that builds trust and confidence over time
    Reference Parini, J. (2005). The art of teaching . New York: Oxford University Press.
  • Discipline
    • Teachers need to learn to handle their own discipline.
    • Before a teacher sends a student to the office the teacher must prove they have tried at least three interventions.
    • Teachers need to be able to send students to neighboring class with work to do to calm both down.
  • Parents
    • Generally need to have an appointment, secretary schedules all appointments around principal visitation schedule.
    • What gets scheduled gets done.
  • Managerial Tasks
    • Assign to others
    • Digitize
    • Podcast
    • Develop PLC’s
  • SAMS Research
    • Schedule instructional work ahead of time to meet/exceed goal.
    • Print calendar for principal, secretary, staff each morning.
    • Justify or reconcile the calendar for the day prior at TimeTrack daily meeting.
    • Discuss the impact on teacher practice and student/parent engagement each day.
  • Do mini-observations
    • Get into classrooms daily, record observations for future use
    • Give teachers meaningful feedback
    • Make the school a culture for continuous improvement of teaching and learning (PLC)
    • Synthesize and analyze data for year end review
  • Mini-observations
    • Short visits
    • Unannounced
    • At least 10 for each teacher
    • Provide some feedback every time
    • Concentrate on ineffective teachers
    • These become “random sample” of teaching
  • What would your teachers think of these mini-observations?
  • Factors for success
    • Common definition of “good teaching”
    • Stay long enough to get key information
    • Make enough visits
    • Know what to look for
    • Capture “info” and provide feedback teachers respect
    • Willing to point out criticisms
    • Make the “call” for unsatisfactory teachers
    • Making sure everybody understands mini-observations are “evaluative”
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  • Classroom Walkthroughs
    • Gather data points on teacher performance and discuss with all teachers.
    • Look for active engaged student learning.
    • Look for teachers who require students to read, discuss, and write about what they have read.
    • Checking for understanding is very important.
    • Have a common core curriculum and common quarterly assessments.
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  • Choose Documents from the drop down “more” menu.
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  • Choose “Form” from the “Create New” menu
  • Name the form, whatever you name the form that is what it will be saved as. You can include text below name to explain purpose of the form.
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  • What are you looking for? Do you need to explain the question? Click on pencil to edit. Click here to make recorder answer this question. Question possible answers.
  • To add items click on “Add item” in upper left corner.
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  • When sending form make sure you do it from “Form” drop down box, and then “Send form.” Do not send from spreadsheet.
  • Enter email addresses here
  • Smartphones iPads or Tablets
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  • Feedback
    • Face to face is best
    • Time may not allow, thus send some written but try to follow up with face to face
    • Form
    • Email
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  • Important teaching attributes
  • Common Curriculum Sound Lessons Authentic Literacy Authentic Literacy Authentic Literacy (Schmoker, Mike. Focus . 2010)
  • Schools need a coherent curriculum, with topics and standards collectively selected by a team of teachers that is actually taught . (Ainsworth, 2003)
  • The pivotal feature of effective lessons is the conscientious effort, throughout the lesson, to ensure that all students are learning each segment of the lesson before moving to the next one. (Schmoker, Mike. Focus . 2010)
  • Teachers need to work in teams, in a true “professional learning community” where curriculum and lessons are continuously developed, tested and refined on the basis of assessment results. (DuFour, DeFour, Eaker, & Many, 2006; Schmoker, 2006)
  • Authentic Literacy, purposeful reading, writing and discussion as the primary modes of learning both content and thinking skills. (Schmoker, Mike. Focus . 2010)
  • What do students want?
  • Students’ Perspective of Effective Teaching
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  • Do all your teachers?
    • Check for understanding?
    • Teach the adopted district curriculum?
    • Utilize common assessments on a regular basis?
    • Provide remediation based on data?
    • Engage students?
    • Teach bell to bell?
    • Have students read, write, and discuss?
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  • Teacher self rating using video
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  • Tim Daly: In schools it's almost the opposite. [Video] is almost never used for making adjustments in the near term. There are not many conversations in general between administrators and teachers about what's happening in the classroom and how to adjust quickly. When we did the "Widget Effect" [report in 2009], we found that most teachers got zero, one, or two periods of observation over the year. In some districts, we found that veterans were not even observed every year. It's not a priority in policy, and many collective bargaining agreements limit evaluation.
  • Conversely, in high-performing schools we see that administrators and other teachers are frequent visitors to classrooms. Instead of zero, one or two [observations], it's 30 to 40 per year in those schools.
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  • Education Reform Law mandates teacher and principal evaluation include 50% for student academic achievement
  • Education Reform
    • Hire teachers based on performance instead of seniority being the primary factor
    • Change in RIF to keep the highest rated teachers
    • Grant tenure based on performance
    • Dismiss unsatisfactory teachers, final decision to school board
    • Publicly release final offer after sides reach impasse and before strike
  • Tenure
    • Requires two “Proficient” or “Excellent” performance evaluations during the last 3 years
    • Accelerated tenure for 3 “excellent”
    • Tenure portability for those who have earned tenure in previous district with two “excellent”
    • Certificate action, state superintendent can revoke or suspend if 2 “unsatisfactory” in 7-year period
  • Data Systems for Using Student Achievement
  • Value added
    • A growing number of school districts have adopted a system called value-added modeling
    • The system calculates the value teachers add to their students’ achievement, based on changes in test scores from year to year and how the students perform compared with others in their grade.
    • William L. Sanders, a senior research manager for a North Carolina company, SAS, that does value-added estimates for districts in North Carolina, Tennessee and other states, said that “if you use rigorous, robust methods and surround them with safeguards, you can reliably distinguish highly effective teachers from average teachers and from ineffective teachers.”
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  • Teachers cannot teach the same way with high class sizes.
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  • Do you need some inspiration to act courageously?
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  • Full Lesson Observations
  • The “Voltz” Way
  • One Superintendent’s Expectations of Principals
    • Visit one classroom at least 80% of the days school is in session
      • Formal evaluation
      • Drop ins
      • Visit student work
      • Ask for invitations to see special presentations in classrooms
    • Be willing to pull the plug on questionable non-tenured teachers .
  • Great Teacher – Bad Employee
    • Just because the teacher has good methodology does not mean they are good for the organization
  • Non-Tenure Decisions
    • When in doubt dismiss…
    • “If you cannot predict that the teacher will rate excellent, do not put the teacher on tenure.”
    • Do you want your own child having this teacher? If not dismiss…
    • Get rid of the poor or questionable non-tenured teacher in first year if possible.
  • Teacher Evaluation Process
    • Principal evaluates whole unit of instruction.
      • At all grade levels
    • Evaluation normally lasts five to seven days
    • Some principals meet with the teacher daily following each observation.
    • Teachers receive daily feedback from principal.
    • Feedback contains suggestions for improvement.
  • Advantages of Whole Unit
    • Principal is present from beginning to end.
      • Principal must make this a priority
    • Principal is not a factor for classroom climate (student discipline).
    • Principal sees all aspects of instruction with assessment being very important.
    • Principal develops an on-going communication system with teachers about instructional strategies and curriculum improvement.
  • Disadvantages of One Observation
    • Anybody should be able to teach one class if he/she knows the principal is coming.
    • The public, parents and students know that the teacher can “con” the principal in this process.
    • It is very important to make the correct decision for non-tenure teachers and two thirty-minute observations is not enough.
  • Look at the graded assessment and ask teacher how they will address those that did not learn.
  • When visiting classrooms ask students what the objective is for the class.
  • Do teachers give common assessments?
  • Does your school district consider teacher evaluation an important part of a principal’s responsibilities?
  • Remember you are the boss not the buddy.
  • Other strategies for school improvement
    • Peer Coaching
    • Mentoring
    • Action Research
    • Data-driven Decision Making
    • Group Analysis of Student Work
  • Difference between “Walkthroughs for PD” and “Walkthroughs for Evaluation” “Walkthroughs for Evaluation”
  • Doug Reeves
    • Classroom walkthroughs can be valuable if they
      • Are not judgmental
      • Have the fingerprints of local teachers and administrators all over them
      • Provide timely and effective feedback to teachers
      • Are used primarily for improving teaching and learning
  • Meet with your teachers to determine what works in your schools.
  • Observe Classrooms
  • Debrief and present objective evidence to staff
  • Brainstorm the next level of work
  • Student motivation and engagement are important
  • Feedback by students is important
  • Professional Development must have “deep implementation”
  • Leave naysayers behind.
  • Coaches who monitor and measure get results.
  • Direct modeling by teachers is best way to improve teaching.
  • It is our job to train teachers via professional development
  • Just Do It!
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  • Danielson Framework For Teaching
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  • Dismissal doesn’t have to be difficult
    • Chet H. Elder
  • You’re fired
  • is it possible to dismiss a tenured teacher?
  • dismissed employees
    • Leave with a feeling of relief
    • They end up with better paying jobs elsewhere
    • A more satisfying career
    • New sense of enthusiasm and contentment
  • say what you mean. mean what you say. but don’t say it mean.
  • keep in mind that you’re taking this action to improve the quality of education for kids.
  • important rules
    • Keep the union informed
    • Communicate, communicate, communicate
    • Straightforward observation and evaluation reporting will guarantee that no teacher is ever shocked and surprised when he or she receive the final word.
  • actual evaluation
    • Keep words to a minimum so they are easy to translate and defend.
    • Do not confuse the teacher when you are at the “summative” position, be direct and easy to understand.
    • Have a “Plan”
    • Execute the “Plan”
  • insubordination
    • Administrators cannot tolerate insubordination.
    • Employees must follow orders.
    • Employees must follow school policy.
  • Is behavior teaching related? Is behavior work rule related? Remedial Non-Remedial Three Progressive Steps Possible Termination Teacher Evaluation Process
  • school reform
    • Student test scores
    • Principal is held accountable and will be fired under all four reform models.
    • Must have competent teachers.
  • teacher tenure
    • It takes the recommendation of the superintendent, via a recommendation by the building principal to place a teacher on tenure after 4 years of “successful” teaching experience.
    • ...and whose fault is it we have incompetent tenured teachers?
  • “would i want my own son or daughter exposed to this teacher.”
  • five easy calls
    • Lateness
    • Failure or refusal to report child abuse
    • Violation of confidentiality
    • Sexual harassment in the workplace
    • Ethnic slurs, lying, stealing, cheating, and illegal acts
  • documentation
    • “If it ain’t in writing, it don’t exist.”
    • Document as soon as possible.
    • Be clear, be concise, use simple language, use simple sentences.
    • Communicate the problem in the first paragraph, then support with other information.
    • Share file with teacher and union.
  • Consistency is critical
    • Union will “burn” you for inconsistencies.
    • When in doubt dismiss non-tenured teachers.
    • Make sure all administrators know the “game plan.”
  • Carroll R. daugherty’s Just cause test Just cause test
    • Did the employer give the employee forewarning or foreknowledge of the possible or probably disciplinary consequences of the employee’s conduct?
    • Was the employer’s rule or managerial order reasonably related to the orderly, efficient, and safe operation of the employer’s business?
    • Did the employer, before administering discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or rule of management?
    • Was the employer’s investigation conducted fairly and objectively?
    • At the investigation, did the “judge” obtain substantial evidence or proof that the employee was guilty as charged?
    • Has the employer applied its rules, orders, and penalties to all employees in an even-handed manner and without discrimination?
    • Was the degree of discipline administered by the employer in a particular case reasonably related to (1) the seriousness of the employee’s proven offense and (2) the record of the employee in his or her service with the employer?
    • Do not miss these.
    • Know
      • Contract
      • School Board Policy
      • Administrative Procedures Manual
      • Teacher Handbook
    time limits & deadline dates
  • you are the expert!
    • You have earned the Type 75 Certificate
    • You have successfully completed the teacher evaluation required state workshop
    • You have an advanced degree in Educational Leadership
    • You are the school administrator
    • “ Just Do it”
  • teaching function
    • If you expect teachers to put the daily objective(s) on the board in student-centered language, look for it, measure it, note it, hold the teacher accountable for it.
    • If you expect teachers to consistently and often to check for understanding then look for it, measure it, note it, hold the teacher accountable for it.
    • If you expect student engagement then look for it, measure it, note it, hold the teacher accountable for it.
  • if a teacher offers to quit, say ok, get out a piece of paper right then and have them write a letter of resignation.
  • if you cannot predict the non-tenure teacher to be excellent, do not put that teacher on tenure.
  • It is hard to hide ineffective teachers because they come in contact with students on a daily basis.
  • When should principals communicate to their supervisor?
    • When behavior will result in discipline action against the teacher.
    • Principal should share with the superintendent copies of all formal documentation regarding a poor teaching performance or other unacceptable teacher behavior.
    • Principal should involve the teachers’ union if formal discipline is taken against the teacher.
    • The school board must be kept up-to-date on all teacher discipline and possible “unsatisfactory” rating.
  • The principal must be able to do the following:
    • Know and recognize effective teaching strategies.
    • Know and recognize effective teacher evaluation instruments.
    • Be able to make an “educated” final decision on a tenured teacher’s employment.
  • Proper Evaluation Process Job Description Evaluation Steps Evaluation Instrument Induction & Mentoring Staff Development Remediation Strategies
  • Classroom observation form… beginning of lesson
    • What is actually observed.
    • This half of the paper is what the evaluator actually observes.
    • Analysis and Suggestions
    • Beginning of lesson
    • Begins lesson promptly
    • Review
    • Statement of student centered objectives
    • Measures student knowledge
    • Prepares appropriate materials
    • Actual suggestions for improvement will be stated here for observations.
  • Actual Classroom Observation
    • 2:10 p.m. Students are talking
    • What is a force?
      • Push and pull
    • What is work?
      • Use force, energy is needed
    • When you apply force to an object, what happens?
      • Force is used to move an object
    • Next unit is machines
    • What machines have you used this morning?
      • Toaster, stove, microwave, car, bus, alarm, fan, clock, bike, TV, computer, toilet, light, super-nintendo
    • Simple machines have none or one working part
    Teacher calls on students who have hands raised Calls on Natalie but she offers no answer and teacher goes to another student, next time use the “wait” concept and stay with student and give clues until student answers. Anecdotal Notes Analysis & Suggestions
    • Yes – begins lesson promptly
    • Yes – reviews
    • No – gave no student objectives
    • Yes – measures student knowledge
    • Yes – prepares appropriate materials
  • Classroom observation form… middle of lesson
    • What is actually observed.
    • This half of the paper is what the evaluator actually observes.
    • Analysis and Suggestions
    • Middle of lesson
    • Teaches to objectives
    • Uses guided practice
    • Re-teaches when appropriate
    • Uses independent practice
    • Varies teaching technique
    • Actively engages all students
    • Involves students equitably
    • Demonstrates appropriate proximity
    • Demonstrates knowledge of subject matter
    • Uses proper transition between activities
    • Actual suggestions for improvement will be stated here for observations.
  • Actual Classroom Observation Student makes comment and teacher ignores. Teacher could have offered to all class or could have re-directed student to task on hand. You should never embarrass a student in front of all the other students. This was not the only student with an unorganized crayon box. You should have taught organizational skills earlier Anecdotal Notes Analysis & Suggestions
    • Simple machine has no or few moving parts
    • Amanda – can I write all items that are simple machines in my home for extra credit.
    • Teacher asks students to get out supplies for assignment in class.
    • Several students do not have supplies.
    • Teacher becomes aggravated at students for not having materials and goes up to one girl’s box of crayons and dumps the crayons on the floor and tells the girl that she had previously been told to better organize her box and to start over now to organize.
    • Yes - Teaches to objectives
    • No - Uses guided practice
    • No - Re-teaches when appropriate
    • No - Uses independent practice
    • No - Varies teaching technique
    • Yes - Actively engages all students
    • Yes - Involves students equitably
    • No - Demonstrates appropriate proximity
    • No - Demonstrates knowledge of subject matter
    • No - Uses proper transition between activities
  • Classroom observation form… end of lesson
    • What is actually observed.
    • This half of the paper is what the evaluator actually observes.
    • Analysis and Suggestions
    • End of lesson
    • Assesses student progress
    • Summarizes main points
    • Provides appropriate homework
    • Utilizes full period for instruction
    • Uses consistent and equitable praise
    • Maintains rapport and respect with students
    • Actual suggestions for improvement will be stated here for observations.
  • Actual Classroom Observation This student consistently interrupts you, corrects your teaching and you cannot control her behavior. You need to have a personal conference with her and explain your expectations and hold her accountable and apply consisted discipline for infractions. You could have made this unit much more interesting by bringing in simple machines, by demonstrating the use of a lever, pull nail from wood, etc… Anecdotal Notes Analysis & Suggestions
    • What is a machine?
    • What is a simple machine?
    • What is a moving part?
    • Tess – I didn’t know you had a screwdriver in your kitchen.
    • What did you learn today?
    • Simple machine
    • 3 parts to a lever
    • Asks several different students what they learned in calls.
    • For extra credit you need to make a lever from this handout.
    • This will not work with paper, you will have to use cardboard.
    • Reminds students to take science papers home tonight.
    • No - Assesses student progress
    • Yes - Summarizes main points
    • No - Provides appropriate homework
    • Yes - Utilizes full period for instruction
    • No - Uses consistent and equitable praise
    • No - Maintains rapport and respect with students
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  • Fist to Five – Do you like the T-Square Scripting Technique?
  • Tips
    • You can place tenure teachers on yearly or more frequent evaluation cycles
    • If assessment is the problem then collect all tests and evaluate the materials
    • If discipline is the problem then document problems
    • If lesson plan development is a problem review lesson plans on a weekly basis
  • When considering how far to go with a teacher…
    • Does the principal have enough time available to participate in process?
    • What input will the school attorney have?
    • Should you use the services of a consultant?
    • What about timing in the school year?
    • What will be the role of the union?
    • Will the consulting teacher come from inside the school district or outside?
    • Do you feel the teacher can remediate his/her deficiencies?
    • In the end, will all this make a difference?
  • Potential Activities To Improve Teacher Performance
    • Could require observation of master teachers in or out of the district
    • Have “Excellent” teacher observe poor or average teachers and offer suggestions for improvement
    • Require poor teacher to enroll in courses, workshops or seminars
    • Require teacher performance to be videotaped
    • Self appraisal
    • Appraisal by other ‘Excellent” teacher
    • Require practice of specific teaching methods
    • Require teacher to read references or view videotapes
    • Require teacher to submit lesson plans, grade book, homework assignments, tests or other materials
  • Questions you might hear
    • This teacher has been evaluated for years as excellent.
    • This teacher has taught for “X” number of years, why are you just discovering his/her unsatisfactory status now?
    • This will destroy the teacher.
    • This will upset the teachers’ union.
  • Is the school board willing to...
    • Support the administrative recommendation to dismiss a tenured teacher?
    • Spend substantial sums of money on attorney fees, consultant fees, and eventually “buy out” for the teacher?
    • Put the tenured teacher through an extremely emotional situation?
    • Do what is best for STUDENTS?
  • If the administration decides to evaluate the teacher as unsatisfactory then the district needs legal advice…
  • Rx For Success Six months prior to issuance of UNSATISFACTORY RATING CAREFUL REVIEW AND ANALYSIS Collective Bargaining Agreement Board Policies & Practices Four weeks prior to issuance of UNSATISFACTORY RATING Consulting Teacher Outside Evaluator Consult with Union Board Attorney Evaluation Plan Board Approval Amend Plan Within 30 calendar days after UNSATISFACTORY RATING is reduced to writing Development and Initiation of Remediation Plan Board Approval Consulting Teacher Qualified Administrator Teacher STOP Get House in Order
    • THE SPANGLER DECISION
    • MARCH 19, 2002
    • 1st Dist. App. Ct–2 nd Div., specifically held:
    • 1. A school board possesses ONLY an investigatory/charging function in tenure dismissal case.
    • 2. The hearing officer possesses the authority to decide all issues with respect to a dismissal decision, including the gravity and seriousness of the charges.
  • POINTS TO PONDER
    • QUALIFICATIONS OF HEARING OFFICERS
    • Most Hearing Officers are practicing arbitrators. As such, they may have little if any legal training. Tenure dismissal cases are a combination of factual as well as legal issues. Consequently, Hearing Officers will be called upon to make many interpretations of court decisions as well as statutory interpretations - a task unfamiliar to most Hearing Officers.
  • POINTS TO PONDER
    • BIAS OF HEARING OFFICERS
    • Because Hearing Officers are by trade mainly private sector arbitrators, they seldom decide dismissal cases. Typically arbitrators are called upon to decide discipline issues which are far less complicated. Dismissal in the private sector is viewed by arbitrators as “industrial capital punishment.”
  • POINTS TO PONDER
    • LACK OF UNDERSTANDING OF EDUCATIONAL THEORY, TEACHING METHODOLOGY AND EVALUATION PHILOSOPHY AND TECHNIQUES
    • Hearing Officers will have to be educated during the hearing process on these very important concepts.
  • POINTS TO PONDER
    • EVIDENCE PROBLEMS
    • The State Board Rules and Regulations do not require Hearing Officers to follow the rules of evidence as would be the case in a courtroom. Consequently, there is no way to predict what evidence will be allowed or disallowed. Generally, arbitrators let everything remotely related to the issues into the record.
  • POINTS TO PONDER
    • IMPORTANCE OF FUNDAMENTAL FAIRNESS AND DOCUMENTATION
    • Experience tells us that demonstrating fundamental fairness towards the effected teacher is an absolute must. Proper documentation is essential to this end.
  • Fundamental Fairness Doctrine
    • Concept of 90 school days
    • Have to prove to hearing officer that you have given teacher “fundamental fairness”
    • Puts administration under the gun to demonstrate “fairness” in 90 days
  • Procedure for actual dismissal
    • After 90 day remediation process if evaluator decides on “unsatisfactory” rating then the teacher is suspended without pay by the school board
    • Hearing is scheduled with hearing officer to make final decision
    • May take as long as two years
    • If district is not successful then teacher gets back pay with interest and position back
  • TO SETTLE OR NOT TO SETTLE?
    • Teacher is 48 years old and the teacher’s classroom is out of control with no education going on for the students. The Union is somewhat supportive of the teacher because of its duty of fair representation.
  • Costs of Winning 1. Administrator Time ? 2. Expert Witness Fees $10,000-$15,000 3. Attorney Fees $75,000-$135,000
  • Costs of Losing 1.    Administrator Time ? 2.    Expert Witness Fees $10,000-$15,000 3.    Attorney Fees $75,000-$135,000 4.    Back Pay with Interest $110,000 5. Reinstatement to teaching position for remainder of career $300,000+
  • Costs of Settlement 1.    Administrator Time Minimal 2.    Settlement Amount $55,000 3. Attorney Fees $13,000
  • After listening to the attorney, is the process worth the effort?
  • What happens after termination?
  • Weathering a termination
    • Maintain a good relationship with the teachers’ union.
    • Give the teacher every opportunity to fix the problem.
    • Keep good records.
    • Appoint a coordinator.
    • Work with your insurance carrier.
    • Don’t hesitate to act if children are endangered.
  • Dealing with the aftermath
    • Community and press reaction
    • Burden of protecting the teacher’s confidentiality rests entirely with the employer.
  • Documentation Required
    • Evaluations
    • Remediation Plan
    • Written notes of classroom observations
    • Written summaries of pre-observation and post-observation conferences
    • Evidence of participation in prescribed remediation activities
    • Copy of completed consulting teacher log
    • Copies of completed required observations
  • Remediation Plan
    • http://bit.ly/IPAremediate
  • Teacher Remediation Plan
  • Dismissal
    • A teacher can be dismissed for failure to complete a remediation plan with a “satisfactory” or better rating...
  • “Unsatisfactory” Evaluation
    • Within 30 days after completion of an evaluation rating a teacher as “unsatisfactory,” development and commencement by the district of a remediation plan designed to correct deficiencies cited, provided the deficiencies are deemed remediable.
  • Participants
    • Qualified district administrator
    • Consulting teacher selected by the participating administrator who rated the teacher “unsatisfactory.”
      • 5 years teacher experience
      • reasonable familiarity with the assignment of the teacher being evaluated
      • “ Excellent rating on last evaluation
  • Process
    • Evaluations and ratings once every 30 school days for the 90-school-day remediation plan.
    • Done by participating administrator
    • Must provide advice on “unsatisfactory” ratings
    • Consulting teacher must participate
    • Final decision by administrator
  • Reinstatement
    • Reinstatement of a schedule of biennial evaluation for any teacher who completes the 90-school-day remediation plan with a “satisfactory” or better rating
  • Dismissal
    • Dismissal in accordance with the School Code of any teacher who fails to complete the remediation plan with a “satisfactory” or better rating.
  • Incompetency is remediable
    • Incompetency is a remediable offense.
    • A school board is required to attempt to cure incompetency by evaluation and the adoption of a remediation plan prior to dismissal.
  • What is irremediable conduct?
    • Conduct is irremediable when the damage that has been done to students, faculty, or the school is irreparable.
    • Consideration is also given to whether or not the conduct could have been corrected had the employee been warned.
  • Actual Remediation Plan
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