Embed Size (px)
Citation preview
MANAGING FOR PERFORMANCE
Principal Meeting, Nov. 1, 2012
Types of Performance Issues
Unsatisfactory Performance Catastrophic Performance Failure Violation of Professional Norms, Policy, or
Law
Unsatisfactory Performance
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
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
Types of Violation of Professional Norms, Policy, or Law
Insubordination – “disobedient to authority” – reasonableness test
Chronic absenteeism Inappropriate physical contact
Contact that makes people uncomfortable Felony Assault or Molestation Everything in between
Professional misconduct 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
Teacher Long-term Substitute Teacher Assistant Clerical
Teacher - Evaluation
Non-tenured “A better teacher” threshold Finish the formal observation by February 8 if
recommending non-renewal 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
Peer Assistance & Review
Peer Assistance and Review Goal
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 ReviewPPSD –General Structure
PAR Panel 7 PAR Panel Members (4 union/3
administrators) Responsible for oversight of PAR Program Review reports from Consulting Teachers
PAR Consulting Teachers 5 Consulting Teachers (Peer Mentors) mentor, review, and report to PAR Panel
Members PAR Reporting Periods
Fall, Winter, Spring
Peer Assistance and ReviewEligibility
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) 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
Peer Assistance and ReviewGovernance: The PAR Panel
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 non-renewal 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 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
•Initial Meeting – 10/9
•Begin One-on-One Visits – 10/10
•Consulting teachers (CT) begin to confer regularly with building administrator
November
•CT’s complete minimum of 5 visits, more if participant is considered at-risk
•First Reporting Period to PAR Panel – 11/30
February
•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
•March 1 – deadline for notification of non-renewal of non-tenured staff
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
Providence Peer Assistance & Review
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
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
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.pdfAFT - A Union of Professionals - Peer Assistance and Reviewhttp://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
ARTICLE 23ANNUAL 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.
* In contract since at least 2004
Chronic Absenteeism
Teacher Teacher Assistant Clerical
Teacher - Absenteeism
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
No provision on absenteeism in labor agreement.
Addressing Chronic Absenteeism 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)
You can discipline for: No Call Egregious levels of all other absences Patterns of absence
What is Progressive Discipline? Clerical Teacher Assistant Teacher
Clerical - Discipline
ARTICLE 15DISCHARGE 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 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
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 – DefinedProgressive 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: Oral Counseling Oral Reprimand Written Warning Suspension and Termination
Due Process - Defined
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 … 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? 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? 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?
Nobody ever was terminated for what they did while on Paid Administrative Leave
Tactics of opposing counsel … Introduce doubt around just cause …
Show targeted attention; allege harassment and/or discrimination
Identify procedural error or discrepancy Show lack of evidence Show lack of supports Discredit testimony of witness(es)
Strong defense is a good offense… Clean investigation
Act timely Identify and separate factual witnesses
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
Avoid opinions Collect evidence
Pictures, documents, written statements signed by witnesses, etc.
Secure Chain of Evidence HR will redact student names
Avoiding Harassment & Discrimination Charge
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
Principal
Tchr D - 6
Tchr C - 4
Tchr B - 3
Tchr A - 3
Documentation Templates
Emergency Procedures
CRITICAL INCIDENT REPORT (Form E)
This document must be sent via e-mail to [email protected] or [email protected]
Date and time: _________________________________________
To: Andre E. Thibeault, Director of School Operations
From: School: ____________________________School phone #_____________
Name & Title:_________________________________________________
Type of Incident: _______________________________________________________________
Date & Time of Incident: ________________________________________________________
Description: (Include FULL NAME, grade, gender, and school of any students that are involved):
Was anyone physically harmed as a result of this incident? Yes No Notifications made (check all that apply): Police Fire Rescue
Start typing here.
Additional Comments: type here
Administrative Action: type here
Police/Fire/Rescue Action: type here
ANGEL TAVERAS Mayor SUSAN F. LUSI, PH.D. Superintendent
SCHOOL NAME SCHOOL ADDRESS
Providence, RI ZIP
tel. xxx-xxxx fax xxx-xxxx
www.providenceschools.org
SCHOOL NAME
Memorandum
To: Teacher Name
From: Principal/Administrator Name
Date: DATE
cc: Craig Bickley., Level Director, Gail Hareld
Re: Written Warning
I met with you on ________ to review the following allegations: [List Allegations: i.e. throwing book at student, tearing page out of textbook, etc.] [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. ______________________________________________ ________________ [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.”
_________________________________________________ __________________ [Human Resources] Date
“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
