R UNNING THE R ACE WITH P URPOSE Making Sure Each Runner has the Correct Time Robert T. Schindler Lusk Albertson Follow us on Download this presentation at: G ETTING THE C ORRECT T IME So what will we be discussing today? Why it is important to be precise in the evaluation process What happens if we are not precise in our evaluation process Getting a lawyers perspective What that looks like B EING P RECISE IN E VALUATIONS Having tough conversations with those you evaluate This is always a difficult thing Pointing out flaws or weaknesses in performance is a difficult conversation that no one likes to have Educators are nice We do not want to upset the balance of the building or team, and we dont want to create unhappy employees We must remember the core purpose of evaluation to improve employee performance A solid evaluation process is absolutely necessary part of having a high performing staff B EING P RECISE IN E VALUATIONS Why be precise? If you dont have those conversations you are cheating both your staff and your students Again, remember the actual purpose of an evaluation We should be trying to not only use it to sort out our staff, but to create and build the best staff possible May lose good staff if not 1248 personnel decisions must be based primarily on individual performance Summers v Southfield Pub Schools If evaluations are not used precisely, it can lead to employees of varying skills viewed as the same May have to hold onto subpar staff if not evaluated properly The longer it takes to point out issues and concerns through the evaluation process the longer it will take to provide notice and an opportunity to improve If evaluation is being used to as a basis to remove an individual, you (as the evaluator) will have to defend it B EING P RECISE IN E VALUATIONS Why not be precise? At least for teachers, nothing is preventing you anymore Cant grieve it. MCL (3)(l); Detroit Public Schools, 29 MPER 30 (2015) Cant go to the Tenure Commission. Valdez v Madison Dist Pub Schs, 12-9 (2012) Cant file a lawsuit. Garden City EA v Garden City Schools, 975 F Supp 2d 780 (2013) While this is not the case with non-teachers, there is also less heat on the issue for those non-teachers because the evaluations do not have the same meaning to them However, they still serve their core purpose no matter the specific job being done B EING P RECISE IN E VALUATION That is not to say that the evaluation will never be inspected Under 1249 an evaluation system must allow for an appeal to the superintendent (or designee) for ineffective evaluation Section 1248 allows for a lawsuit if a teacher believes they were laid off (or not recalled) in violation of the law The Teachers Tenure Act allows a hearing before an administrative law judge when a School District is seeking to discharge a tenured teacher For non-teachers, an evaluation (or any action associated with it that is dictated by the CBA) can be grieved W HAT D OES IT M EAN TO BE P RECISE Both the ratings and the comments should be consistent with what has been observed and what the data demonstrates I hear all too often that an effective teacher is not actually effective That result demonstrates a flaw in either the system or the means in which it is carried out ( i.e., evaluation) If the system, it is good that we can amend without having to bargain (prohibited subject of bargaining) If evaluator, remember that under 1249, building level and central office administrators will be evaluated based on how well they implement the evaluation system Evaluation should reflect what is going on NOW i.e., because a teacher was effective (or ineffective) last year does not mean they are this year B EING P RECISE Precision in comments is particularly important Comments should reflect the rating given in the area or domain being evaluated or observed Comments should make sense without context or explanation Whether positive or negative, comments should be constructive Again, remember the purpose of an evaluation Hint: The purpose is NOT to get it done or to comply with the law Comments should use objective evidence whenever possible B EING P RECISE Precision in comments is particularly important Comments should be sufficient to transport you as the evaluator back to the time and place of the evaluation You may need to testify in court or an administrative agency justifying your evaluation The comments can be valuable not only to the judge, but also to you as a witness It is easy to think it will never get to that point... until it does You think you will re- member when the time comes... but you wont P RACTICAL E XAMPLES Ladies and gentlemen, the comments you are about to see are true The names have been changed [or in this case omitted] to protect the innocent P RACTICAL E XAMPLES Example #1 passivity/ambiguous Students may or may not be fully intellectually engaged. Better: Not all students appeared fully engaged in the lesson Best: Not all students were engaged in lesson. Suzy was doodling in notebook; Jimmy was talking with Joey; several students had their head down on their desks. And maybe: That having been said, those that were engaged were actively participating. Including last part can demonstrate nuance in the issue i.e., is it a problem of not creating an engaging lesson or one of classroom management P RACTICAL E XAMPLES Example #2 passivity/ambiguous Considering the teachers PLC goal is to improve academic vocabulary... one would expect to see more explicit teaching of vocabulary. Better: Lesson was nearly void of explicit teaching of vocabulary Best: There was only one instance during the lesson where teacher explicitly taught vocabulary (can anyone tell me what progress means). Teacher should attempt to add in vocabulary discussion 3 to 4 more times in a lesson of this length. This issue also should have been front of mind as Teachers PLC goal is to improve academic vocabulary. P RACTICAL E XAMPLES Example #3 questions rather than comments How do you know they Got It??? Better: Teacher did not check for understanding Best: Lesson was well-organized and students appeared engaged in lesson. Teacher did not, however, check for understanding. Even engaged students can be confused. Follow up questions are critical to ensure students are understanding and are able to apply the lesson. P RACTICAL E XAMPLES Example #4 apologizing in advance I do not mean to imply that there is any major concern with this - [Teacher] is a distinguished teacher, an excellent teacher but overall in trying to provide feedback for her this one area I would like for her to consider... Better: While the issue was not overly problematic, teacher should consider making the following changes or additions to this lesson to be even more effective: Best: While the lesson was well-delivered, improvement could be made by... P RACTICAL E XAMPLES Example #5 incomplete thoughts/sentences Communication of joy Better: Teacher was upbeat in her delivery. Best: Teachers presentation demonstrated a joy and excitement for the material through her tone and expression. It was clear the students fed off of that as everyone was on task and appeared engaged in the lesson. P RACTICAL E XAMPLES Example #6 thinking out loud I started wondering about closure Better: There was no clear demarcation of when the lesson ended. Best: There was no closure on the lesson, which resulted in several students drifting off and getting off-task. Teacher should give clear statements to demonstrate the end of the lesson and transition to next activity. P RECISE C OMMENTS Summary Comments should: Clearly communicate the message whether or not the evaluator is present to explain; Be in complete sentences; Give constructive and useful feedback ( i.e., what teacher should continue to do or change about lesson); Be statements rather than suggestions or questions; Be in an active voice Q UESTIONS ? Robert T. Schindler Lusk Albertson 409 E. Jefferson Ave. Fifth Floor Detroit, MI (248) Follow us on