1. IPPN Conference 2005 Addressing Underperformance Michael Farrell

2. Why This Topic? Isolation of Principals dealing with issues of performance – who supports the Principal? –Representative organisation –Board of Management –HR Advice –Legal Advice –Dept. of Education Board as Employer with responsibilities

3. Why This Topic? Board of Management Inspectorate DES Patron Teachers Council Teacher Principal INTO CPSMA

4. Why this Topic? Individuals can have a disproportionate impact on children, colleagues and parents and on the morale of schools Role model effect – setting standard of ‘acceptable underperformance’ Can make teamwork, school development planning and implementation very difficult Can also be the Principal who is the problem and any procedure must include provision for such situations

5. Objectives of this Session 1. Propose a framework for managing performance and conduct issues in primary schools 2. Provide guidelines for use in the absence of agreed procedures

6. Indicators Performance Criteria Performance Difficulties Professional Discussion Discussion Performance Performance management Performance Appraisal Appraisal DES Board of Management InterventionProfessional Discussion Performance management Repeated Minor or Gross Misconduct Disciplinary Procedure Conduct Context Appeal Procedure PRINCIPALInspectorate PRINCIPAL Inspectors report

7. Performance

8. Performance – What Could Be Expected?

9. Performance – What is expected? The Education Act, 1998 states: “..the Principal and teachers shall – a) encourage and foster learning in students, b) regularly evaluate students and periodically report the results of the evaluation to the students and their parents c) collectively promote co-operation between the school and the community which it serves, and d) subject to the terms of any collective agreement and their contract of employment, carry out those duties that – (i) in the case of teachers, are assigned to them by or at the direction of the Principal, and (ii) in the case of the Principal, are assigned to him or her by the board.

10. Poor Performance In the absence of criteria how to define it? Failure to fulfil duties / responsibilities as a teacher at an acceptable level Possible examples: –Poor classroom performance –Attitudinal issues –Discipline – none / too harsh –Lack of teamwork –Failure to complete programmes –Negative classroom atmosphere –Poor correction of work –Poor planning –Poor evaluation of pupil progress –Poor record keeping –Classroom management problems –Failure to identify / address pupil difficulties –Strained communication / relationship with parents

11. Who is Directly Affected? Pupils Colleagues Principal Parents Board of Management School

12. Role of the Principal The Principal- –Education Act, Section 23, (2), (a).. “the principal shall… be responsible for the day-to-day management of the school, including guidance and direction of teachers and other staff of the school, and be accountable to the board for that management”

13. Role of the Principal The Principal- –Should be involved in the informal response to performance issues and in performance management strategies but NOT in appraisal –Principal should trigger the next phase which involves a more formal response to performance issues –In proposed structure the Principal should give oral warning and a written warning prior to invoking formal procedures Back

14. Professional Discussion Arrange the meeting at a suitable time – not at the top of the classroom Allow adequate time Set out the difficulties, expectations of professional standards and what the staff member needs to do to reach an acceptable level of performance Avoid focussing on personality issues Be constructive and co-operative Focus on the situation – not on winning the argument Agree a timescale for improvement to occur Discuss what training, support or advice is needed Set a date for follow up meeting Document the meeting and send a copy to the staff member outlining what was agreed BACK

15. Performance Management All performance management involves evaluation. Performance management also addresses the difficulties/issues and strategies are developed to tackle difficulties through training, development, performance agreements etc.

16. Guidelines Be clear on what the performance issues are Have specific examples Attempt to understand the source of the problem Be clear on what would constitute an improvement, what the person can do to bring this about and what you can do to help Try everything to resolve issues informally but document your efforts ‘Hard on the problem – soft on the person’ - - Dilemma: when the person IS the problem.

17. Performance Management Effective Performance Management includes: –Clear role statement –Development of performance goals –Identification of personal development needs –Recognition of achievements –Review and provision of feedback

18. Performance Management If no improvement in performance is achieved following the performance strategies undertaken by the Principal- the Principal should advise the staff member in writing that if no improvement is discernible within a defined timescale the matter will be referred to the Board of Management BACK

19. Inspectorate The Inspector – Section 13, (3), (a) The functions on an Inspector shall be (to): –“evaluate the organisation and operation of those schools and centres and the quality and effectiveness of the education provided in those schools and centres, including the quality of teaching and effectiveness of individual teachers”

20. Inspectorate Education Act, Section 13, (7) An inspector shall have all such powers as are necessary or expedient for the purpose of performing his or her functions and shall be accorded every reasonable facility and co-operation by the board and the staff of a school or centre for education.

21. Inspectorate Performance Appraisal should be conducted by the Inspectorate The Inspector’s intervention should be initiated by him/herself or by request from the Board following a report from the Principal The Principal should have no role in the formal appraisal process

22. Inspector’s Report –Copy should be sent to the Board as employer for action if required –Board should be able to refer the teacher back to work with the Principal on performance issues –If serious performance issues are identified, the Board should initiate the Disciplinary Procedure

23. Inspector’s Report –Satisfactory / Unsatisfactory –Needs differentiation in the report – more than two categories linked to outcomes –Roles of Principal, Inspector, Board, DES etc. need definition BACK

24. Conduct

25. Minor Misconduct Early identification and intervention Advice, support, counselling where necessary Professional discussion Performance agreement in terms of altered behaviour Document the process

26. Gross Misconduct Must be defined Examples: –Drunkenness / Illegal drug abuse –Assault – physical or sexual –Damage to property –Serious misuse of school IT system –Fraud –Theft of school / colleagues property –Gross negligence –Gross insubordination –Serious breach of confidence –BACKBACK

27. Board as Employer Education Act: 24 (3) “A board shall appoint teachers and other staff, who are to be paid from monies provided by the Oireachtas, and may suspend or dismiss such teachers and staff, in accordance with procedures agreed from time to time between the Minister, the patron, recognised school management organisations and any recognised trade union and staff association representing teachers or other staff as appropriate” 24 (4) “Pending agreement of procedures provided for in subsection (3), the procedures applied in the appointment, suspension and dismissal of teachers or other staff immediately before the commencement of this section shall, after such commencement, continue to be applied” 24 (5) The terms and conditions of employment of teachers and other staff of a school appointed by a board and who are to be paid from monies provided by the Oireachtas shall be determined by the Minister, with the concurrence of the Minister for Finance.

28. Role of the Principal The Principal- –Should be involved in the informal response to conduct issues and in performance management strategies –Principal should give oral and written warning prior to invoking formal procedures, having exhausted efforts to deal informally with repeated minor misconduct –Principal should trigger the next phase immediately in the event of Gross Misconduct –BACKBACK

29. Procedures

30. Importance of Procedures Statutory Instrument 146 of 2000 (Code of Practice: Grievance and Disciplinary Procedures) States: “Procedures are necessary to ensure both that while discipline is maintained in the workplace by applying disciplinary measures in a fair and consistent manner, grievances are handled in accordance with the principles of natural justice. Apart from natural justice the maintenance of a good industrial relations atmosphere in the workplace requires that acceptable, fair procedures are in place and observed” Properly formulated and agreed procedures are not a threat

31. Importance of Procedures Statutory Instrument 146 of 2000 States: “Such procedures serve a dual purpose in that they provide a framework which enables management to maintain satisfactory standards and employees to have access to procedures whereby alleged failures to comply with these standards may be fairly and sensitively addressed. It is important that procedures of this kind exist and that the purpose, function and terms of such procedures are clearly understood by all concerned”

32. Importance of Procedure Key questions in the event that a board must take disciplinary action: –What efforts have been made to resolve the problem internally? –Does the school have fair and reasonable procedures? –Were the procedures properly followed?

33. Elements of a Disciplinary Procedure Rational Fair In writing Specify to whom it applies Involve careful investigation to decide if the procedure should be invoked Basis for Disciplinary action must be clear Must comply with the principles of natural justice Specify the level of proof required Staff member concerned is entitled to a fair hearing Entitled to know what the complaint is and who is making it Range of penalties is well defined Timescales are specified Right to representation (colleague or trade union official) Procedure is graduated Internal appeal mechanism – by separate group / committee External appeal mechanism (to patron) Sanctions for anyone making false allegations Specify period that record will be held on the person’s file

34. Rights of Employees To know the full accusation; To have the matter properly investigated; To be heard; To be accompanied or represented at any hearing; To call witnesses; To appeal.

35. If No Procedures in Place Board should: refer to Statutory Instrument 146 of 2000 Take legal and HR advice Ensure that the principles of natural justice are complied with

36. Stages in Procedure Informal / Counselling 1 st Verbal warning 2 nd verbal warning Written warning Final written warning Suspension with / without pay Dismissal

37. Sanctions May include: Verbal or written warning based on procedure Suspension with / without pay Demotion Other appropriate disciplinary action short of dismissal depending on the nature of the problem Dismissal BACK

38. Appeal Right of appeal to the Patron BACK

39. Teachers Council Functions of the Council include: Section 7 (2): –Without prejudice to the generality of Subsection(1) the Council shall perform the following functions: –a) promote teaching as a profession; –b) establish, publish, review and maintain codes of professional conduct for teachers which shall include standards of teaching, knowledge, skill and competence;

40. Teachers Council Professional Misconduct – Section 41 –For the purpose of this Part, the following shall constitute professional misconduct by a registered teacher: –a) engaging in conduct which is contrary to a code of professional conduct, established by the Council under Section 7 (2) (b); –b) engaging in any improper conduct in his or her professional capacity or otherwise by reason of which he or she is unfit to teach.

41. Teachers Council Investigation Discipline

42. Teachers Council Section 30 –A person who is employed as a teacher in a recognised school but – a)Is not a registered teacher, or b)Is removed or suspended from the register under Part 5, shall not be remunerated by the school in respect of his or her employment out of moneys provided by the Oireachtas. BACK

43. Questions / Discussion BACK