2012 NASB Evaluation

Evaluations Policies and Practices Kelley Baker Bobby Truhe kbaker@hslegalfirm.com btruhe@hslegalfirm.com Harding & Shultz (402) 434-3000 H & S School Law

NDE’s New Eval. System  VOLUNTARY  “Teacher and Principal Performance Framework” 11/11  “Recommendations for Evaluation Models” 11/12  Pilot Districts 2013-2014 • Pilots will create system • Danielson or Marzano • Houston Indep. Sch. Dist.

Teacher Framework       

Foundational Knowledge Planning and Preparation The Learning Environment Instructional Strategies Assessment Professionalism Vision and Collaboration

Teacher Eval Inputs  “Data…through…variety of means” • Analysis of “artifacts” that demonstrate teacher performance • Results of student/parent surveys • Classroom climate and culture • “Assessment/artifacts” of student learning—test scores…

• Annual professional goals and development

Principal Framework        

Vision for Learning Continuous School Improvement Instructional Leadership Culture for Learning Systems Management Staff Leadership Developing Relationships Professional Ethics and Advocacy

Teachers: How It Works  Four levels of performance ratings • • • •

7 Teacher Practices Achieving student learning Achieving professional goals Performance of duties in job description • Holistic rating based on evaluator’s analysis of overall performance

Principals: How It Works  Four levels of performance ratings • 8 Principal Practices • Impact on student learning and performance • Achieving professional goals • Performance of duties in job description • Holistic rating based on evaluator’s analysis of overall performance

Summary Input: “multiple data points� like observations, test scores, surveys, professional goals, graduation rates, community perception, etc.

Framework: Recommendations lead to evaluation instrument and process Output: 1-4 rating, improvement plans, etc.

Legal Considerations  NSEA looks for procedural issues in personnel cases  Increased workload for evaluators  Use of student surveys: popularity vs. effectiveness  HISD: use of “multiple appraisers”  HISD: mandatory remediation plan  Effect of NOT using NDE method

Study Up!  Leadership Committee Recommendations for Teacher and Principal Evaluation Models  Teacher and Principal Performance Framework  HISD Evaluation Documents  Email: btruhe@hslegalfirm.com

Rule 10 Requirements  Board must adopt written policy for evaluating “certificated employees”  Submitted to NDE and approved by the Commissioner or a designee • “Primary purpose” is to improve student learning • Procedures are “clear, equitable, and systematic.

Procedures Must Include  Written procedures must include: • “Annual written communication to those being evaluated” • Description of the duration and frequency of observations and written evaluations

Specific Defined Criteria  Policy implemented by written procedures that include: • Instructional performance (for teachers) • Classroom organization and management (for teachers) • Personal and professional conduct (for all certificated employees)

Specific Defined Criteria  Provision for written communication and documentation specifying:

• All noted deficiencies • Specific means of correction • Adequate timeline to implement “concrete suggestions” • Employee may respond in writing • District plan to train evaluators

Policy Recommendations  Check with NDE re policy on file  Review policy for:  Labels (“certificated employee”)  Inclusion of required provisions  Annual “written communication” to those being evaluated

 File any policy changes with NDE

Practice Recommendations  Review practices for:  Identifying deficiencies promptly  Being consistent  Being persistent  Being honest rather than kind  Making “concrete” suggestions for correction and improvement  Giving adequate time to improve

Practice Recommendations  Review practices for:  Investigating concerns  Seeking the employee’s perspective  Directing the employee to respond in writing  Communicating in writing  Keeping records of conferences, directives, warnings, etc.  Following own rules and policies

ADAAA  ADAAA – Americans with Disabilities Amendment Act (effective Jan. 1, 2009)  Significantly broadened the definition of disability  Diluted requirement of a “substantial impairment” of a major life activity  Heightened the responsibility and potential liability of employers

ADAAA  ADAAA protects those persons who: • Have a disability • Have a record of a disability; and • Are “regarded as” having a disability

Don’t Ignore Problems

Focus on Job Duties  Focus on job duties  Create job descriptions  Identify the job’s “essential functions”  Evaluate based on the job duties and essential functions  Be consistent -- inconsistency leads to bad results, complaints and lawsuits

Be Direct and Clear

Focus on Job Duties  Be direct and clear with criticism • An employee can’t meet your standards if you’re not clear • Don’t sandwich criticism between layers of praise • Avoid mixed messages • Don’t pull your punches

Evaluations Policies and Practices Kelley Baker Bobby Truhe kbaker@hslegalfirm.com btruhe@hslegalfirm.com Harding & Shultz (402) 434-3000 H & S School Law