Copyright © Allyn & Bacon 2007 Human Resources Administration in Education Chapter 7: Performance Evaluation Ronald W. Rebore This multimedia product and its contents are protected under copyright law. The following are prohibited by law: Any public performance or display, including transmission of any image over a network; Preparation of any derivative work, including the extraction, in whole or in part, of any images; Any rental, lease, or lending of the program.

Copyright © Allyn & Bacon 2007 Performance Evaluation Process 1. Who, by position, has the primary responsibility for making evaluations? 2. Who is evaluated by these designated positions? 3. In what settings will formal evaluations take place? 4. On how many occasions will formal evaluation occur? 5. In what setting will the results of formal evaluations be communicated to the person evaluated?

Copyright © Allyn & Bacon 2007 Performance Evaluation Process Continued 6. In what setting will the results of formal evaluations be communicated to the person evaluated? 7. If an employee disagrees with the evaluation, what grievance procedure should be available? 8. What effect will evaluation have on salary increase? *Evaluation procedures and instruments should be constructed by the committee process.

Copyright © Allyn & Bacon 2007 Employee Discipline Two areas of misconduct that call for action on the part of management: (1) Excessive Absence (2) Inappropriate on-the-job behavior

Copyright © Allyn & Bacon 2007 Grounds for Terminating the Employment of Tenured Teachers Immoral conduct Insubordination Inefficiency or incompetence in the line of duty Willful or persistent violation of or failure to obey the state laws pertaining to schools Physical or mental condition unfitting him or her to instruct or associate with children

Copyright © Allyn & Bacon 2007 Grounds for Termination Continued Willful or persistent violation of the published policies and procedures of the school board Excessive or unreasonable absence from work Conviction of a felony or a crime involving moral turpitude.

Copyright © Allyn & Bacon 2007 Termination Procedures Continued Notification of charges Against a Tenured Teacher: “Notification of charges, an extremely formal process, must not be confused with evaluation procedures that permit an employee the right to disagree with a written evaluation.”

Copyright © Allyn & Bacon 2007 Termination Hearing on Charges Against a Tenured Teacher Hearing Guidelines: Must be held in a public forum Both parties may be represented by an attorney, who may cross-examine witnesses. The testimony given at a hearing shall be under oath. The board of education may subpoena witnesses and documentary evidence requested by the teacher.

Copyright © Allyn & Bacon 2007 Termination Hearing on Charges Against a Tenured Teacher Continued The proceedings at the hearing should be recorded by a stenographer employed by the school district. Except for the fee paid to the attorney representing the teacher, all expenses for conducting the hearing should be paid by the school district. The decision by the board of education should be reached within a pre-established time period to ensure fair treatment to the employee.

Copyright © Allyn & Bacon 2007 Appeal by a Tenured Teacher to a Termination Decision Issued by the Board of Education: “Because school districts are state government agencies, appeal from the decision of a school board is made to the state circuit court, which is the court of original jurisdiction in state civil and criminal matters”.

Copyright © Allyn & Bacon 2007 Appeal by a Probationary Teacher “Not renewing a contract presupposes that evaluations have been made by the teacher’s principal, that deficiencies have been pointed out, and that advice and help have been offered on how to improve performance or correct the stated deficiencies”.

Copyright © Allyn & Bacon 2007 Grounds and Procedure for Revocation of a Teacher’s License to Teach A teachers license can be revoked it can be proven that he or she has committed any of the following acts: 1. Exhibited incompetence 2. Cruelty 3. Immorality 4. Drunkenness 5. Neglect of duty 6. Annulling of a written contract with the board of education.

Copyright © Allyn & Bacon 2007 Humane Considerations for the Termination Process “Due process is one right that has long been a fundamental principle in English common law and is basic to the legal procedures of American democracy”.