Teacher Tenure 2011-12

Policy and Process Overview for

Principals NYCDOE | School Year 2011-12

1 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 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

3

Teacher Effectiveness

(Student Outcomes, Instructional Practice)

Boost effectiveness

of all teachers

Improve or counsel out

persistently less

effective educators

Retain and leverage

the most effective

educators

1

2

3

GOAL

Rigorous, evidence-driven teacher tenure decision-

making is central to the goal of strengthening teacher

practice across New York City

2011-2012 Citywide Expectations 2012-2013 and beyond

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

School Leaders will:

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

5

1% 3% 2% 3% 3%

2% 4%

5% 8%

38%

97% 94% 94% 89%

57%

3%

2006-07 2007-08 2008-09 2009-10 2010-11

% o

f te

nu

re-e

ligib

le teachers

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.

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

n= 6250 n= 6115 n= 5859 n= 6292 n= 5365

Raising the Bar for Teacher Tenure

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

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

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.

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.

8

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?

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

10 10

Myth Fact

In order to deny or

discontinue a teacher you

need a lot of

documentation.

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.

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

13

2011-12 Teacher Tenure Decision-Making

Timeline

*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.

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

N/A

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

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

November 14-23, 2011

December 1, 2011 February 29, 2012 March 30, 2012

June 2012 January 1, 2012 March 30, 2012 April 30, 2012

July 2012

February 1, 2012 April 30, 2012 May 31, 2012 August 2012

September 2012

October 2012

TNS is accessible through the Principals’ Portal and this url:

http://intranet.nycboe.net/offices/DHR/HRProfiles/Tenure/Welcome.aspx

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.

14

15

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 performance-

related 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 TNS code

Low attendance A

Previously U-rated U

Previously D-rated D

Previously extended 1X, 2X, 3X, etc.

Excessed/ATR E

New teacher up for tenure

(e.g., due to service

adjustment)

N

NYS Teacher Data Report TBD once available

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

17

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

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

19

2011-12 Teacher Tenure Action Timeline When What November 2011 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.

December 2011 –

April 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)

April 30, 2012 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.

May 2012 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

May 30, 2012 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.

20

2011-12 Teacher Tenure Decision-making Framework Impact on Student Learning Instructional Practice Professional Contributions

Highly Effective: Exceeds standards and

expectations of effective teaching for

student learning, instructional practice,

and professional contributions for at least

two consecutive years.

Multiple sources of evidence showing that virtually all students (including special populations*) achieve substantial 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 of professional

contributions at the highest level:

Contributions to the school and

community

Professionalism

Effective: Meets standards and

expectations of effective teaching for

student learning, instructional practice,

and professional contributions for at least

two consecutive years.

Multiple sources of evidence showing a majority of students achieve substantial gains on NYS standards.

Extra credit given to gains achieved by special populations*.

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

Multiple sources of evidence of effective

professional contributions:

Contributions to the school and

community

Professionalism

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.

Evidence showing a majority of students achieve gains on NYS standards.

Extra credit given to gains achieved by special populations*.

Evidence indicating developing practice based on a framework** or set of expectations for:

Instructional Planning Classroom Delivery & Student Assessment Commitment to Improving Instructional Practice

Limited evidence of effective professional

contributions or evidence of inconsistent or

inadequate professional contributions:

Contributions to the school and

community

Professionalism

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.

Evidence that the majority of students do not achieve gains on NYS standards.

Evidence indicating ineffective practice based on a framework** or set of expectations for:

Instructional Planning Classroom Delivery & Student Assessment Commitment to Improving Instructional Practice

Negative evidence of professional

contributions:

Contributions to the school and

community

Professionalism

Evidence of a teacher’s overall service

history may include:

o Student work products and/or portfolios

o Achievement Reports (e.g. Regents Exams, Passing Rates, assessments aligned to NYS standards) and an associated baseline measure

o Teacher Data Reports (where available)

o Classroom observations (formal or

informal)

o Teacher work products

o Annual reviews

o Student and Parent Feedback

o Attendance and punctuality

o Colleague Feedback

o Work products related to CEP goals

or broader school program

o 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

21

2011-12 Teacher Tenure Evidentiary Submission Requirements SUBMISSION REQUIREMENTS (Principal Superintendent) FOR TEACHER TENURE

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.

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

Examples:

Progress of a full class of 3rd 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 8th

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.

• 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

22

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?

23

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?

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

25

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

and active tenure recommendations in TNS for 100% of their tenure candidates

o 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

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