New Teacher Tenure Process

• Teacher Quality• Replacing Low Performers• Current Denial Rate• Superintendent Checklist• Tenure Toolkit and Tenure Notification System

March 2008

Office of School Leadership

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“If the effects were to accumulate, having a top-quartile teacher rather than a bottom quartile teacher four years in a row would be:

• Enough to close the black-white test score gap…

• Have twice the impact of reducing class size from 22 to 16.”

Source: Gordon, R., Kane, T.J., and Staiger, D.O. (2006). Identifying Effective teachers Using Performance on the Job. Washington, D.C.: The Brookings Institution.

Teacher Quality is the Key Indicator for Improving Student Achievement

Source: Gordon, R., Kane, T.J., and Staiger, D.O. (2006). Identifying Effective teachers Using Performance on the Job. Washington, D.C.: The Brookings Institution.

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Teacher Quality is the Key Indicator for Improving Student Achievement

Source: Gordon, R., Kane, T.J., and Staiger, D.O. (2006). Identifying Effective teachers Using Performance on the Job. Washington, D.C.: The Brookings Institution.

Teacher impacts are relatively stable and predictable. After two years, we can predict with relative accuracy which teachers will be in the top quartile and which will be in the bottom.

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Replacing Low Performers is the Key Lever to Improving Student Achievement

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New York, Math, Grades 4 - 6Source: Thomas Kane, Jonah Rockoff, and Douglas Staiger, “What Does Certification Tell Us About Teacher Effectiveness: Evidence from New York City (2006)

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Original: Uncert. 1st Year Bottom 25%

Replaced With: Cert. 3rd Year Average

Replacing the typical bottom-quartile teacher with the average teacher would have a larger impact on student achievement than replacing the typical uncertified teacher with the typical certified teacher or replacing the typical novice teacher with the typical third-year teacher.

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Our Tenure Denial Rate is Low

Denials and extensions of tenure increased from 2006 to 2007, but are still quite low: • Denials more than doubled, from 25 to 66 (out of 5000) • Extensions more than tripled, from 30 to 115 (out of 5000)

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Denials Extensions

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Myths and Facts

Myth: Denying tenure requires substantial documentation of significant underperformance.

Fact: There is no minimum amount of documentation required to deny tenure. The legal standard is that so long as the decision is not “arbitrary and capricious,” the denial will be upheld on appeal.

In deciding tenure, principals should ask:

a) Did the teacher receive written notice of serious performance issues?

b) Did the teacher get a meaningful opportunity to improve?

c) Did the teacher fail to improve to a satisfactory level?

Myth: Teachers often successfully appeal tenure decisions.

Fact: Appeals of tenure decisions are done internally and are only overturned in very rare circumstances.

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Myths and Facts

Myth: Employees who have been rated satisfactory in their first two years can’t be denied

based on their third year alone.

Fact: Even teachers with prior satisfactory ratings can be denied completion of probation.

Myth: Probationary employees can only be terminated at specific times during the

probationary period.

Fact: Probationary employees can be terminated at any time during their probationary

period. When it is during the first or second year, this is called a discontinuance and does

not utilize the Tenure Notification System. In the final year, it is called a denial.

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Extensions

When are extensions appropriate?

When are extensions inappropriate?

What documentation and signatures are required for an extension?

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• Approve tenure recommendations in batch in the Tenure Notification System.

• Reach out to principals whose tenure recommendations may require additional discussion, such as low performing schools or those with high percentages of tenure approvals;

When: Twice per year (Apr 16 – May 15)

• Receive extension agreement from principals and approve/sign in a timely manner

When: Twice per year (February 15-April 15)

• Receive denial letters, Rating Sheets, and documentation from principal

• Sign and return rating sheet and denial letter to principal in a timely manner

When: Twice per year (May 16 – Jun 10 – slightly earlier in some cases)

New Tenure Process - Superintendent Checklist

…an affirmative decision on tenure affects not only an individual school but the entire system. Accordingly, we will require that a principal’s judgment be reviewed to ensure that the

decision was genuinely based on Children First principles.--Chancellor Joel I. Klein

APPROVE TENURE RECOMMENDATIONS

SIGN DENIAL OF COMPLETION OF PROBATION LETTERS AND ANNUAL PROFESSIONAL PERFORMANCE REVIEW AND REPORT (RATING SHEET)

SIGN EXTENSION OF PROBATION AGREEMENTS

Important Notes:

• After April 15th, principals contact HR Partners to submit late responses or to make changes to previously submitted responses

• If you reject a principal’s recommendation, the principal will receive an email and the record will be unlocked (please contact the principal directly in these rare cases)

• After the end of the school year, tenure recommendations will automatically be entered into HRS/EIS

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Contacts and Website Information

Websites:

• Principals’ Portal: You can find this on the “Employees” section of the DOE homepage or at the link below: http://intranet.nycboe.net/DOEPortal/Principals(You may have to sign in with “Central\” and your Outlook Username and password)

•Tenure Toolkit: You can find this by going to the “Hiring & Staff Development” section of the Principals’ Portal.

• Tenure Notification System: Find this on the Tenure Toolkit homepage or at the links below:

http://intranet.nycboe.net/offices/dhr/HRProfiles/Tenure/SubmitTenureDecisions.aspx

(from a DOE computer)

https://portal.nycenet.edu/offices/DHR/HRProfiles/TENURE/SUBMITTENUREDECISIONS.ASPX

(from a non-DOE computer)

Contacts:

• Patricia J. Paddock Phone: 718-935-5134 E-mail: ppaddock@schools.nyc.gov

• Jonathan Skolnick Phone:718-935-4283 E-mail: jskolnick@schools.nyc.gov