1. Implementing post-290 EVALUATION: Remediating Inadequate Performance of Teachers 1 The Hungerford Law Firm April 13, 2015

2. Agenda for the Day Introductions and Objectives for the Day Legal and Contractual Requirements (Group work) Goal-setting for Professional Practice/Responsibility Initial Remediation Steps Best practices in observation/ data collection (Group work) LUNCH Drafting plans of assistance (Case study) Keys to implementing plans of assistance Anticipating roadblocks and hurdles Individual or small group assistance 2

3. Legal Requirements: SB 290 Now ORS 342.856 Goal: “To improve student academic growth and learning by:  “assisting school districts in determining the effectiveness of teachers and administrations for “human resource decisions”  “Improving professional development and classroom and administrative practices”  Requires multiple measures of teacher effectiveness  Multiple evaluation methods  Consideration of student academic growth and learning 3

4. Legal Requirements (1979) ORS 342.850 Requires multiple observations Requires performance goals based on job descriptions & performance standards Post-evaluation interview to discuss evaluation A written program of assistance for improvement is established, if one is needed to remedy any deficiency [coming under inadequate performance, inefficiency, neglect of duty, etc.] Utilization of peer assistance when reasonable 4

5. Legal Requirements: 1997 ORS 342.815 defines PAI:  Written plan for a contract teacher  Reasonable specificity  Identifies specific deficiencies in conduct or performance  Corrective steps to remedy deficiencies  Assessment techniques to measure correction 5

6. CBA Requirements Does “just cause” apply?  Specific exemption of dismissals and nonrenewals?  Do due process requirements apply (notice, right to respond)? Complaint procedure required before use in evaluation? Personnel file requirements? 6

7. CBA Requirements Specific evaluation requirements?  Language mirroring or incorporating state law?  Observation & feedback frequency, timing?  Specific definition of PAI?  Additional representation rights?  Prohibitions on observing, considering? Language making handbook procedures and timelines part of the CBA? 7

8. Requirements in Evaluation Handbook * Deadlines for goal-setting, conferencing? * Deadlines for completing evaluations? * Number and type of observations? Formal observations? Informal observations? “Mini” observations? * Required feedback on observations? * Required professional development? * Required “directive goals”? * Requirements for PAIs? 8

9. Goal-Setting Requirements Student learning and growth requirements? Two or more, based on Framework criteria Example: 90% of students make at least one year’s growth in manipulating fractions PP/PG goals? Connected: Unconnected: 9

10. Evaluation Discipline The process for identifying and correcting PERFORMANCE problems. 1.Goal setting 2.Directed goal setting 3.Plan of Assistance 4.Dismissal/Nonrenewal The process for identifying and correcting MISCONDUCT and RULES VIOLATIONS (Counseling) 1. Oral reprimand 2. Written reprimand 3. Suspension 4. Dismissal 10

11. Observation Data-Gathering Methods 1.Focused anecdotal record 2.On-task data collection: What definition? 3.Selective verbatim: What filter? 4.Interaction analysis: What filter? 5.Other (appropriate to goal/standard) 11

12. The Observation Report Date/time/class/length Who’s there? Observation methods used? Objective summary of observed events Summary: Did teacher performance meet standards? Commendations/Suggestions for improvement Plan for next observation 12

13. “Escalating concern” Post-observation comments and summary Directed goals Conference summary re: other data Documented complaints 13

14. PAI Components Statement of deficiencies (tied to standards, prior data collection) Statement of specific expectations Assistance to be provided (including possible peer assistance) Monitoring/ assessment of completion Timeline (mid-term update, final report) 14

15. Implementing the Plan 1.Schedule all administrator activities! 2.Focus data-gathering on PAI expectations 3.Modify PAI at mid-point to reflect progress or new deficiencies discovered 4.Ensure communication/opportunity for input into any 3 rd -party information, critical judgments 5.Feedback, feedback, feedback 6.Revisit assistance options 15

16. Concluding the PAI What if some progress has been made, but only in selected areas? What if some progress has been made, but you don’t think it’s enough? What if expectations have been met, but you don’t think the teacher can maintain them? What if renewal deadline looms? What if teacher goes out on stress claim before the end of the PAI? 16

17. Legally defensibly PAIs: Have specific expectations so teacher is on notice Address performance standards, not conduct Allow a reasonable time for improvement District complies with its own obligations under the PAI for observation, feedback Data gathered focuses on expectations of PAI 17

18. What’s Next, Next Fall? Implement PAI for any teacher placed on Plan this spring. Move to directed goals for probationary teachers ASAP, then possible PAI Intensify data gathering/focused observations for contracted teachers you might hesitate to recommend for renewal the following March. For questions, e-mail Brian@hungerfordlaw.com or Nancy@hungerfordlaw.comBrian@hungerfordlaw.com 18