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