Progressive Discipline 1. Investigate 2. Reprimand verbally 3. Reprimand in writing 4. Withhold increment 5. Tenure charge 6. Suspension without pay (120 days) 7. Suspension with pay 8. Terminate

Intensive Assistance 1. Frequent and formal evaluations 2. Confirm with other supervisors 3. Give time to improve 4. Give help to improve 5. Give repeated reports of progress over time (if any) 6. Call in intensive assistance team

Intensive Assistance 7. Work on appraisee’s quality testing 8. Examine work samples of performance 9. Stress warranted learning theory 10. Conference with teacher and supervisors 11. Use directives (in Memo form) 12. Issue written reprimand if no improvement

Intensive Assistance 13. Conference with superior concerning discipline 14. Consult legal authorities 15. Begin dismissal process

Withholding an Increment z N.J.A.S.A. 18A:29-14 y“Any board of education may withhold, for inefficiency or other just cause, the employment increment or the adjustment increment, or both, of any member in any year…”

Withholding an Increment zReasonable basis yPerformance problem specified in evaluation xUnsatisfactory classroom skill xPoor student supervision xStriking a student xTaking a sick day to work somewhere else xExcessive absenteeism

Withholding an Increment zPrior Notice yNot required by statute yFair Play - Teacher should be warned yHearing by the board not required yRice Notice required

Withholding an Increment zRoll call majority vote of the full membership of the board

Withholding an Increment zNotice yWithin 10 days after action of the Board yMust include reasons for the action

Withholding an Increment zAppeals yBurden of proof on teacher yMajority uphold board’s action

Tenure Charge zN.J.S.A. 18A:6-10 y“No person shall be dismissed or reduced in compensation if he is or shall be under tenure … except for inefficiency, incapacity, unbecoming conduct or other just cause…”

Tenure Charge zCharges filed in writing zAccompanied by statement of evidence zExecuted under oath zCopy served on employee within 72 hours zEmployee has 15 days to respond

Tenure Charge zBoard has 45 days to determine probable cause zEmployee is not entitled to a hearing before the board zBoard is not required to make any finding of fact or merit zBoard deliberation and action must take place in a closed meeting

Tenure Charge zBoard certifies charges to Commissioner zBoard notifies employee zBoard may suspend employee with or without pay zHearing held before Commissioner (ALJ) who makes determination

Tenure Charge zBurden of proof is on the local Board zAppeals - State Board of Education

Inefficiency zN.J.S.A. 18A:6-11 y“… Provide, however that the charge is inefficiency, prior to making its determination as to certification, the board shall provide the employee with written notice of the alleged inefficiency, specifying the nature thereto, and allow at least 90 days in which to correct and overcome the inefficiency.”

Inefficiency zProvide employee with list of performance related deficiencies based on yObservations yEvaluations yPIP’s yLesson plan reviews zNotice of inefficiency should be clearly identified

Inefficiency zEmployee successfully corrects Inefficiency - charges withdrawn zNo improvement - Board may certify charges

Inefficiency - Examples zIrregular attendance which precludes an efficient teaching program zFailure to submit lesson plans, provide meaningful learning experience, or provide structure for classes zFailure to demonstrate sound understanding of subject matter or provide factual data zFailure to maintain order and proper teaching decorum