Teacher Tenure 2011-12 Policy and Process Overview for Principals. NYCDOE School Year 2011-12

Teacher Tenure 2011-12 Policy and Process Overview for Principals NYCDOE School Year 2011-12 1

Session Outline 1. Teacher Tenure and the Citywide Instructional Expectations 2. Teacher Tenure Decision-Making Process > New guidance and resources for 2011-12 3. Using the Tenure Notification System 4. Further Resources 5. Q&A 2

A priority for New York City is to ensure that all students graduate high school college and career ready. We can help to realize this priority by improving student outcomes and teacher practice 2 Boost effectiveness of all teachers GOAL 3 Improve or counsel out persistently less effective educators 1 Retain and leverage the most effective educators Teacher Effectiveness (Student Outcomes, Instructional Practice) 3

Rigorous, evidence-driven teacher tenure decisionmaking is central to the goal of strengthening teacher practice across New York City 2011-2012 Citywide Expectations 2012-2013 and beyond School leaders will: School Leaders will: set clear expectations for pedagogy based on a research-based rubric of practice engage in cycles of observation provide timely and specific feedback make rigorous, evidence-based tenure decisions use teacher performance data to ensure better outcomes for students continue to set clear expectations for practice, conduct regular evaluations, provide targeted feedback, and make rigorous tenure decisions implement a new teacher evaluation system aligned to the requirements of NY State Education Law 3012c* * Implementation of new evaluation systems subject to collective bargaining agreement with UFT. 4

% of tenure-eligible teachers Raising the Bar for Teacher Tenure The tenure denial and extension rate increased by 30 percentage points in the 2010-11 school year (from 11% last year to 41% this year) 57% of teachers had their tenure decision approved in 2010-11, compared to 97% five years ago 3% 57% 97% 94% 94% 89% 2% 4% 5% 1% 3% 2% 8% 38% 3% 3% 2006-07 2007-08 2008-09 2009-10 2010-11 n= 6250 n= 6115 n= 5859 n= 6292 n= 5365 Denials Extensions Approvals Other/Separated Notes: Other/ Separated refers to cases where the principal had not entered a recommendation for the teacher on TNS as of 07/06/2011 or the teacher has left the DOE; 4 teachers whose tenure decisions are currently unresolved are treated as outstanding. 2006-07 #s are estimated. 5

Key Features of the Tenure Decision-Making Process Continuing from 2010-11 1. The four-point teacher tenure framework guides the tenure decision-making process for principals and superintendents 2. Hiring restrictions are waived so that schools can backfill vacancies created when teachers are denied tenure 3. Extensions are encouraged for teachers who have the potential to become effective, but may need more time to demonstrate effective practice (and thereby earn tenure) Updated in 2011-12 1. More specific guidance has been provided on the evidence that principals should provide to superintendents to support teacher tenure recommendations 2. Preliminary recommendations will be captured earlier in the school year (November vs. February), in order to plan purposefully for final recommendations 6

The Tenure Framework Encompasses Three Categories of Teacher Practice Teacher tenure recommendations should be based on a review of a probationary teacher s complete service history and should take multiple points of evidence into account. 1. Impact on Student Learning Student gains on NYS standards 2. Instructional Practice Instructional planning, classroom delivery, quality of student assessments, commitment to improving instructional practice 3. Professional Contributions Contributions to the school and community, professionalism The full 2011-12 Teacher Tenure Decision-making Framework is slide 20 in the appendix 7

New in 11-12: Evidence Submission Guidelines What evidence supporting teacher tenure recommendations should Principals provide to their Superintendents? Refer to 2011-12 Teacher Tenure Evidentiary Material Submission Requirements (slide 21) for additional detail. 1. Summary - A 1-3 paragraph statement placing the tenure recommendation and submitted evidence in context of the teacher s larger service record, and which describes the teacher s impact on student learning, instructional practice, and professional contributions. 2. Excerpts of Framework-Aligned Evidence that informed the tenure recommendation: Impact on Student Learning Two (2) sets of data that demonstrate the impact of teacher practice on student achievement. Instructional Practice Two (2) written classroom observations. Professional Contributions Up to one (1) sample that illustrates notable service. Discuss and Share Out: a. What challenges do you anticipate in compiling evidence? What effective practices were put in place last year? b. How can Principals engage teachers in the process of compiling evidence of their own practice to inform the tenure decision? What are the benefits of engaging teachers early? 8

Hiring restrictions will be lifted so schools can replace teachers who are denied tenure Principals who deny tenure (or discontinue prior to denial) can backfill position with a teacher new to the system, provided that: The school has the FY 2012 budget to afford a teacher in the position There is not a layoff condition making implementation impossible under legal and contractual rules Note: This policy applies only to vacancies in the same grade and subject as the one held by the denied employee 9

Dispelling Myths About Denying Tenure Myth In order to deny or discontinue a teacher you need a lot of documentation. Fact There is no minimum amount of documentation required to deny tenure. The legal standard is that so long as the decision is neither arbitrary or capricious nor discriminatory, the denial will be upheld on appeal. However, probationary teachers must receive the contractual minimum number of formal observations: two per term, at least one conducted by the Principal (not an AP). As always, formal observation reports should be included in teachers files. If a teacher has not received the minimum number observations required by the CBA, then s/he may be able to claim that the decision to deny him or her is arbitrary. Employees must also receive a) written notification of performance issues and b) a meaningful opportunity to improve (and fail to do so). Teachers often successfully appeal tenure decisions. Appeals of tenure decisions are handled internally and are only overturned in rare circumstances. Employees who have been rated satisfactory in their first two years can t be denied based on their third year alone Even teachers with previous satisfactory ratings can be denied completion of probation. 10

With the new weekly rotation of ATRs, a centralized team of supervisors will work with the Superintendent to make the tenure decision To supplement the supervision principals will provide, a team of supervisors (mostly excessed APs) will work with superintendents to develop and evaluate ATRs If an ATR is provisionally hired or placed in a position for the remainder of the school for the year, the same protocol should be followed as with probationary teachers who are new to the school The excessed teacher will appear in TNS with the special status code E for Teacher in Excess The principal is responsible for observing that teacher as early and as frequently as possible in order to make a tenure recommendation The principal should also contact the ATR s prior principal or supervisor to find out more information about previous evaluations. Principals in this situation are also responsible for issuing the final rating at the end of the school year, as they would for other teachers in their building. 11

Roles and Responsibilities: Highlights Please see the appendix (slides 25-27) for a more detailed description of roles and responsibilities in the tenure process > Principals: Collect evidence to support all tenure recommendations; enter timely recommendations in the Tenure Notification System > Network Leaders: Advise Principals on developing processes to collect evidence > Superintendent: Review evidence and make final tenure decisions in TNS > Senior Legal Counsel: Advise on evidence collection to support denials and extensions, as well as strategy to follow-through based on evidence (e.g., what if I want to extend a teacher and s/he declines can I deny?) 12

2011-12 Teacher Tenure Decision-Making Timeline For teachers completing probation in Preliminary recommendations collected Principals can begin entering final recommendations in TNS on Deadline for final Principal recommendations in TNS Deadline for Superintendent decisions in TNS November 2011 June 1, 2011 August 31, 2011 September 30, 2011 December 2011 July 1, 2011 September 30, 2011 October 31, 2011 January 2012 August 1, 2011 October 31, 2011 November 30, 2011 N/A February 2012 September 1, 2011 November 30, 2011 December 31, 2011 March 2012 October 1, 2011 December 31, 2011 January 31, 2012 April 2012 November 1, 2011 January 31, 2012 February 29, 2012 May 2012 December 1, 2011 February 29, 2012 March 30, 2012 June 2012 January 1, 2012 March 30, 2012 April 30, 2012 July 2012 November 14-23, August 2012 2011 September 2012 October 2012 February 1, 2012 April 30, 2012 May 31, 2012 *The vast majority of teacher tenure recommendations are due April 30, 2012, but teacher tenure recommendations are due on a rolling basis throughout the school year. Principals should check the probation completion dates in TNS for the submission dates corresponding to the teachers in their school. 13

Using the Tenure Notification System Run Reports on Probationary Staff At Your School Click on Tenure Reports to find out with a single click Which employees in your school(s) have tenure decisions due in 2011-12 Which teachers have overdue tenure recommendations Status of preliminary recommendations entered Custom reports also available choose completion date range, guidance, employee type, etc. Submit Tenure Recommendations and Decisions TNS captures principals tenure recommendations (preliminary and final), and superintendents will enter final tenure decisions. Receive Notification of Impending Decision Deadlines TNS sends e-mails to the relevant Principals, Superintendents, and Network Leaders listing the teachers, APs, and other UFT school-based staff who require tenure action. TNS is accessible through the Principals Portal and this url: http://intranet.nycboe.net/offices/dhr/hrprofiles/tenure/welcome.aspx 14

2011-12 Teacher Tenure Special Status Codes Area of Concern indicators will appear under the Guidance column for some teachers in TNS Teachers with an Area of Concern have one or more performancerelated status codes (such as having been previously U-rated) that warrant attention in the tenure decision Having an Area of Concern should not alone determine a teacher s tenure recommendation; school leaders, in partnership with their network, should make each tenure recommendation individually and support it with multiple points of evidence Teacher flag Low attendance Previously U-rated Previously D-rated Previously extended Excessed/ATR New teacher up for tenure (e.g., due to service adjustment) NYS Teacher Data Report TNS code A U D 1X, 2X, 3X, etc. E N TBD once available 15

TNS Manual for Principals Straightforward, step-by-step instructions for all TNS functions, including: Interpreting what you see on the screen guidance, special status, etc. Submitting preliminary and final tenure recommendations Pulling reports on probationary staff Off-line steps for completing an extension or a denial 16

Support Resources Tenure Toolkit on the Principals Portal > 2011-12 User Guide > Library of key documents, including the decision making framework and submission requirements > FAQs > Additional tools and resources for Principals and other stakeholders Tenure Notification System > Accessible from the Tenure Toolkit on the Principals Portal (under Leadership and Staff Development in the top menu) Further questions? > tenurequestions@schools.nyc.gov 17

Appendices (Slides) 1. 2011-12 Teacher Tenure Action Timeline, a summary for tenure decision-makers (19) 2. 2011-12 Teacher Tenure Framework (20) 3. 2011-12 Teacher Tenure Evidentiary Submission Requirements (21) 4. Framework for Initial Tenure Conversations with Teachers (22-23) 5. Roles and Responsibilities in the Tenure Process (24-26) 18

2011-12 Teacher Tenure Action Timeline When November 2011 December 2011 April 2012 April 30, 2012 May 2012 May 30, 2012 What Principals enter a preliminary recommendation of grant tenure, deny tenure, or extend probation for ALL of the teachers completing probation during May 1 October 31, 2012. Using the Effectiveness Framework, Principals assess whether a teacher has demonstrated two years of performance that consistently meets standards of effective teaching for student achievement, classroom practice, and professional contributions. Review as many of the evidence types listed in the framework as are available, and check TNS for guidance or special status If you are not sure about the teacher s effectiveness, devote more time observing the teacher and collecting evidence during this time Have a conversation with the teacher about what the likely tenure outcome would be today and why (see Guidelines for Tenure Conversations with Teachers) Principals submit final effectiveness groupings and tenure recommendations via TNS. Principals must also submit evidentiary materials, along with the completed Tenure Recommendation Form to their superintendent offline. Superintendents review Principals recommendations in TNS and Tenure Recommendation Forms Carefully review the Principal s rationale for the recommendation she or he has entered, applying special scrutiny to those teachers with Area of Concern guidance Supts may request of Principals additional evidence to support their recommendations, as needed Where Superintendents disagree with Principal recommendations, the should have an off-line conversation prior to final decision entry Final Superintendent Decisions Due in TNS June 2012 Principals communicate the tenure decision to the teacher, giving specific examples and citing evidence to explain why that decision was made Preparation and delivery of required paperwork for denied and extended teachers Denial letters must be given to the teacher no later than 60 days prior to his/her scheduled probation completion date. Denial letters are generated and printed from TNS. Extension agreements must be signed by the teacher and Superintendent Extension of Probation Agreement template For teachers with Teacher Data Reports, principals will have the opportunity to enter an updated recommendation in TNS. Please refer to the 2011-12 Teacher Tenure User Guide for additional information. 19

2011-12 Teacher Tenure Decision-making Framework Highly Effective: Exceeds standards and expectations of effective teaching for student learning, instructional practice, and professional contributions for at least two consecutive years. Effective: Meets standards and expectations of effective teaching for student learning, instructional practice, and professional contributions for at least two consecutive years. Developing: Does not yet fully meet, or has fewer than two years evidence that meets standards and expectations of effective teaching. Teacher may have potential to meet the standards and expectations over time. Ineffective: Inability to meet standards and expectations of effective teaching for student achievement, classroom practice, or professional contributions. Lack of demonstrated potential to meet said standards and provide said evidence. Impact on Student Learning Instructional Practice Professional Contributions Multiple sources of evidence showing that virtually all students (including special populations*) achieve substantial gains on NYS standards. Multiple sources of evidence showing a majority of students achieve substantial gains on NYS standards. Extra credit given to gains achieved by special populations*. Evidence showing a majority of students achieve gains on NYS standards. Extra credit given to gains achieved by special populations*. Evidence that the majority of students do not achieve gains on NYS standards. Multiple sources of evidence indicating practice at the highest level based on a framework** or set of expectations for: Instructional Planning Classroom Delivery & Student Assessment Commitment to Improving Instructional Practice Multiple sources of evidence indicating effective practice based on a framework** or set of expectations for: Instructional Planning Classroom Delivery & Student Assessment Commitment to Improving Instructional Practice Evidence indicating developing practice based on a framework** or set of expectations for: Instructional Planning Classroom Delivery & Student Assessment Commitment to Improving Instructional Practice Evidence indicating ineffective practice based on a framework** or set of expectations for: Instructional Planning Classroom Delivery & Student Assessment Commitment to Improving Instructional Practice Multiple sources of evidence of professional contributions at the highest level: Contributions to the school and community Professionalism Multiple sources of evidence of effective professional contributions: Contributions to the school and community Professionalism Limited evidence of effective professional contributions or evidence of inconsistent or inadequate professional contributions: Contributions to the school and community Professionalism Negative evidence of professional contributions: Contributions to the school and community Professionalism Evidence of a teacher s overall service history may include: o o o Student work products and/or portfolios Achievement Reports (e.g. Regents Exams, Passing Rates, assessments aligned to NYS standards) and an associated baseline measure Teacher Data Reports (where available) o o o Classroom observations (formal or informal) Teacher work products Annual reviews o o o o o Student and Parent Feedback Attendance and punctuality Colleague Feedback Work products related to CEP goals or broader school program Work products related to inquiry or other teacher teams * Special populations include Special Education students, English Language Learners, and students who are over-age and under-credited. **Research-based frameworks include: Charlotte Danielson Framework for Teaching, National Board Certification, Santa Cruz Professional Teaching Standards 20

2011-12 Teacher Tenure Evidentiary Submission Requirements SUBMISSION REQUIREMENTS (Principal Superintendent) FOR TEACHER TENURE Teacher tenure recommendations should be based on a review of a probationary teacher s complete service history and should take multiple points of evidence into account Principals should review a full portfolio of materials that address three categories of teacher practice: impact on student learning, instructional practice, and professional contributions. Principals will submit the following evidence below at the time of the recommendation; Superintendents may request additional evidence from the principal SUMMARY: Principals should submit a one to three (1-3) paragraph statement placing the evidence and final recommendation in context of the teacher s larger service record describing the consistency of the teacher s current level of practice, and its development over time. Principals should address the teacher s level of practice in three core categories: impact on student learning, instructional practice, and professional contributions. Plus the following evidence in each category of teacher practice: Impact on student learning Instructional practice Professional contributions Two (2) sets of data that demonstrate the impact of teacher practice on student achievement. Appropriate samples should be illustrative of the performance of the majority of a teacher s students and should: Be applicable to the full range of students that a teacher serves (including SWD, ELLs); Measure growth/progress over time by connecting final measures to a baseline; Assess mastery of specific skills or standards. Examples: Progress of a full class of 3 rd graders in reading comprehension, as measured by Gates-MacGinitie reading levels over the course of the year; Integrated Algebra Regents results for a teacher s full cohort of students, compared to their NYS 8 th grade test results; Samples of student work from several students (of varied performance levels) evaluated using a common rubric, that illustrates acquisition of a particular skill over the course of a semester; For teachers in grades 4-8, Teacher Data Reports created by the NY State Education Department that show a notably high or low contribution to student growth on state tests. Two (2) written classroom observations that are indicative of the teacher s practice over the course of their probationary period (and aligned with their rating history). For resources describing best practices on providing teacher feedback, go to ARIS Learn. Up to one (1) sample that illustrates notable service, which may include: Student and parent feedback Colleague feedback Work products related to CEP goals or broader school program Work products related to inquiry or other teacher teams 21

2011-12 Framework for Initial Tenure Conversation with Teacher 1. Frame the Tenure Initiative As a teacher, you shape lives every day. The tenure initiative continues to be a more rigorous tenure process that helps us set high standards, recognize your accomplishments and ensure that tenure is awarded only to those who demonstrate effective practice in terms of student learning as well as classroom practice and contribution to the school community. This will help NYC students because it means only effective teachers will be awarded tenure, building a stronger teaching force over time A stronger teaching force will help you to improve your school's performance over time as we recognize the accomplishment of tenure for teachers who have earned it through their strong performance 2. Address how it affects the teacher We are continuing to make tenure decisions more carefully than ever, with a sharp focus on each teacher s impact on students, using ALL of the information available to us from your three years of teaching Be prepared to answer: What pieces of evidence am I using to evaluate your performance and growth over the past three years? How am I weighing those items in my tenure decision? 22

2011-12 Framework for Initial Tenure Conversation with Teacher (cont) 3. Discuss what this means for their tenure decision. Be prepared to answer the following questions in your conversation: If Preliminary Recommendation is Deny : In what ways does the teacher exhibit ineffective practice? Where are there shortcomings in their impact on student learning, professional competency, contributions to the school? What evidence are you using in your assessment? What progress would the teacher need to demonstrate for you to be persuaded that s/he is in fact developing, and should be extended? What evidence have you collected to support your preliminary recommendation of deny? Will this collection have samples of teacher work and student work over time? If Preliminary Recommendation is Extend : What evidence have you collected that indicates this teacher s effectiveness in the classroom or as a contributor to the broader school community will continue to improve over time? What have you observed that is positive, and what needs work? What would the teacher need to do in the next year to reach the bar of tenure? If Preliminary Recommendation is Approve : What evidence illustrated this teacher s effectiveness as it relates to student learning, classroom practice AND contribution to the school? 23

Roles and Responsibilities in the Tenure Process: Principals and Superintendents Principals Accountable for 100% active tenure recommendations Thoughtfully assess whether probationary teachers demonstrate the significant professional skills and meaningful, positive impact on student learning necessary to earn the honor of tenure in NYC Enter preliminary recommendations in TNS for all probationary teachers in November, 2011 Enter effectiveness groupings and tenure recommendations in TNS by specified deadlines > When a final decision has been made to deny tenure, communicate this to the teacher and ensure that a denial letter is given no later than 60 days prior to probation completion > When a final decision has been made to extend a teacher s probationary period, ensure that an extension agreement is signed by both the teacher and the Superintendent Superintendents Accountable for 100% active tenure decisions Review Principals tenure recommendations, including written rationales and evidence, with special attention to decisions on teachers with Special Status tags in TNS When in disagreement with Principal recommendation, engage off-line to come to understanding and consensus prior to entering final decision in TNS Enter final, binding tenure decisions in TNS by specified deadlines > When a final decision has been made to deny tenure AND the Principal fails to complete the required next steps, ensure that the denial letter is delivered no later than 60 days prior to probation completion > When a final decision has been made to extend probation, ensure that an extension agreement has been drawn up and signed by the teacher (as well as by the Superintendent) Collaborate with Network Leaders around any concerns 24

Roles and Responsibilities in the Tenure Process: Network/Field Network Leaders Responsible for ensuring that Principals in their networks understand their roles and responsibilities in making tenure recommendations Accountable for supporting robust decision-making practices and ensuring Principal follow-through on entering recommendations o Ensure that the Principals in their networks enter preliminary and final effectiveness groupings o and active tenure recommendations in TNS for 100% of their tenure candidates Ensure that Principals execute 100% of required follow-up for denials and extensions by specified deadlines, with support from CFN HR Support Principals in developing processes to collect evidence Support staffing planning in schools following tenure denial CFN HR Staff Support tenure decision-making and recommendation processing by: Assisting Principals with entry in TNS Following up on denials and extensions to ensure that all necessary paperwork has been signed and sent on time (to the teacher or to file, as appropriate) Providing data from central HR systems (NYCAPS, TNS, etc.) as requested to support decisions Ensure that probation completion dates are correctly updated in NYCAPS for extended employees Serving as a link to central HR Field Services to troubleshoot when teacher-specific issues arise (e.g., license information or probation completion data is incorrect) Senior Counsel/CFN Legal Support tenure decision-making by: Advising Principals and Superintendents on questions of law/labor relations as they relate to specific tenure decisions Support processing of denials and extensions 25

Roles and Responsibilities in the Tenure Process: Central Central (DHRT, Office of School Support, Office of Superintendent, Labor Relations) Support a smooth and rigorous tenure decision-making process Maintain a library of resources to support Principals, Superintendents and Network Leaders in their roles Offer role-specific training on tenure decision-making and use of TNS in-person and online throughout the decision-making period Provide regularly updated information to principals, Network Leaders, and Superintendents about tenure eligibility, response rates, and decision outcomes from Principals and Superintendents 26