LEGAL ONE ADVANCED: Supervision and Evaluation

1. LEGAL ONE ADVANCED:Supervision and Evaluation Wayne Oppito, Esq. Jay Doolan, Ed.D. Art Firestone Alan Sadovnik, Ph.D.

2. 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 Session Content

3. 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 Evaluation of Non-Tenured Staff

4. 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 Evaluation of Tenured Staff

5. 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. Components of Annual Written Evaluation Plan

6. 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 Requirements for Board Policy on Evaluation

7. Following each observation No later than 10 days after observation Right to rebuttal, must be done within 10 days Purposes Improve performance Identify deficiencies Extend assistance Provide basis for reemployment recommendation Observation Conferences

8. Verbal warning/reprimand, no writing Written reprimand Right to binding arbitration (N.J.S.A. 34:13A-29) Increment Withholding May be disciplinary OR performance related Tenure Charges Conduct unbecoming, inefficiency, incapacity, other just cause Cannot Transfer as form of discipline Employee Discipline

9. 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 Increment Withholding

10. 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 Tenure Charges

11. 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 AVOIDING LEGAL LANDMINES

12. 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 ELEMENTS OF DISCRIMINATION CLAIM

13. Reasonable person standard Must show link between activity and gender, sexual orientation, sexual identity, etc. Two types Quid pro quo Hostile Work environment ELEMENTS OF SEXUAL HARASSMENT CLAIM

14. 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 ELEMENTS OF RETALIATION CLAIM

15. 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 AVOIDING COLLECTIVE BARGAINING ISSUES

16. Evaluation System in Transition Recommendations from NJ Educator Effectiveness Task Force Report

17. 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 Current Political Context

18. 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 NJ Successes

19. 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 non-tenured staff Race to the Top: Improving Teacher and Principal Effectiveness

20. 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 Governor’s Reform Plan

21. 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 Why Link Student Performance to Evaluation System?

22. 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 2012-2013 Evaluation system used in making personnel decisions in 2013-2014 NJ Educator Effectiveness Task Force

23. 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 Task Force Guiding Principles

24. 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 New Evaluation Systems

25. New Teacher Evaluation System

26. 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 Measures of Teacher Practice (50%)

27. Teacher Practice

28. 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 Classroom Observations (50 to 95%)

29. 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 Other Measures of Teacher Practice (5 to 50%)

30. 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 Reviewers of Teachers

31. Measures of Student Achievement

32. 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 2009-2010 to be available in fall 2011 Guiding Principles

33. 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. Background: Three Accountability Models

34. How much did student improve from 4th grade to 5th grade relative to his academic peers—students with the same score in 4th grade? State Assessment Measure (70 to 90%): Student Growth Percentile Model

35. 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 Background: DOE to Calculate Student Growth Percentile By:

36. 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 Background: Student Growth Models—The Missing 70%

37. 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 non-tested content areas and grades as appropriate State to approve the types of assessments that are acceptable for use in non-tested areas Student Growth Measures (70 to 90%)

38. 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 Schoolwide Performance Measures (10%)

39. 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 Other Measures of Performance (0 to 20%)

40. Components of Principal Evaluations

41. 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 Measures of Effective Practice—ISLLC Standards (40%)

42. 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 Effective Practice Logistics

43. 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 Retention of Effective Teachers (10%) Measured By

44. Measures of Student Achievement

45. 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 Measures of Student Achievement

46. 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 Possible School Goal Measures (15%)

47. High quality training Awareness of all educators about the new system Frequent observations and teacher feedback Elimination of unnecessary mandates to provide more time Task Force’s Conditions for Success

48. 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 Conditions for Success

49. 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 Critical Evaluation Issues

50. 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 Critical Evaluation Issues

51. New CCCS and Common Core New Common Core Assessment System Compensation/Promotion Merit-Based Bonuses Tenure Reductions in Force Professional Development Impact of New Evaluation System

52. Key Features of Evaluation Systems Harrison School District, Colorado State of Tennessee (See Handouts)