Wayne Oppito, Esq.Jay Doolan, Ed.D.

Art FirestoneAlan Sadovnik, Ph.D.

• 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

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

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

• 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.

• 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

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

• 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

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

• 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

• 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

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

Reasonable person standard Must show link between activity and

gender, sexual orientation, sexual identity, etc.

Two types ◦ Quid pro quo◦ Hostile Work environment

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

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

Recommendations from NJ Educator Effectiveness Task Force Report

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

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

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

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

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

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

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

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

Teacher Evaluation100%

Student Achievement50%

Teacher Practice50%

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

Teacher Practice100%

Classroom ObservationTool

50% - 95%

Other Measures of Teacher Practice

5% - 50%

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

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

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

Student Achievement

100%

Student Growth on Statewide Assessment70% - 90%

Schoolwide Performance

Measure10%

Other Measures of Performance

0% - 20%

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

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.

How much did student improve from 4th grade to 5th grade relative to his academic peers—students with the same score in 4th grade?

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

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

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

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

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

Measures of student

achievement,50%

Measures of effective practice,

40%

Retention of effective teachers,

10%

40%

50%

10%

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

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

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

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

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

High quality training Awareness of all educators about the new system

Frequent observations and teacher feedback

Elimination of unnecessary mandates to provide more time

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

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

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

New CCCS and Common Core New Common Core Assessment System

Compensation/Promotion Merit-Based Bonuses Tenure Reductions in Force Professional Development

Harrison School District, ColoradoState of Tennessee

(See Handouts)