Governor's Reform Proposals Redefine Staff Evaluation and Accountability
On April 13th, Governor Chris Christie unveiled a series of legislative proposals intended to enact key aspects of his education reform agenda, including the implementation of a new statewide evaluation system to be used to evaluate school principals and teachers, a sweeping overhaul of tenure, the elimination of seniority rules, plans for a new merit-based compensation system that would supersede collective bargaining rights, and streamlined procedures for hearing tenure revocation cases. The Governor's legislative proposals drew heavily from the recommendations of the New Jersey Task Force on Educator Effectiveness, which submitted its proposals to the Governor on March 1, 2011. Governor Christie's proposals will require legislative approval.
As a start to considering the Governor's proposals, the chart below compares major elements of the current statutory requirements to the Governor's proposed reforms.
COMPARISON OF PROPOSED EDUCATION REFORMS WITH CURRENT SYSTEM| TOPIC / STATUTE | CURRENT SYSTEM | GOVERNOR'S PROPOSED SYSTEM |
| Evaluation N.J.S.A. 18A:27-3.1 | Requires that non-tenured teaching staff members are evaluated a minimum of three times per year. Requires that tenured teaching staff members are evaluated at least one time per year. | Requires that all teachers, principals, assistant principals and vice principals must be evaluated a minimum of two times each year. Requires that all teachers, principals, assistant principals and vice principals will be evaluated based on a uniform state approved evaluation system. Requires that state approved evaluation system will include four categories: highly effective, effective, partially effective, ineffective. Maintains current requirements for all other certificated staff members (assistant superintendent, director, supervisor, school nurse, social worker, guidance counselor, etc.). |
| Accrual of Tenure N.J.S.A. 18A:28-5 N.J.S.A. 18A:28-6 | Provides for tenure after three years and one day for new teaching staff member Provides promotional tenure after two years and one day for teaching staff member after promotion. | Requires three consecutive years with rating of "highly effective" or "effective" for new teachers, principals, assistant principals and vice principals to attain tenure. Eliminates shorter promotional tenure period Maintains current requirements for all other certificated staff members |
| Loss of Tenure | Requires tenure charges for inefficiency, incapacity, conduct unbecoming or other just cause. | Tenured teacher, principal, assistant principal or vice principal loses tenure and reverts to non-tenure status if he or she gets one "ineffective" rating or two consecutive "partially effective" ratings Once staff member loses tenure, he or she is only able to regain tenure by receiving three consecutive years with "effective" or "highly effective" evaluations Maintains current requirements for all other certificated staff members |
| Due Process N.J.S.A. 18A:6-14 N.J.S.A. 18A:6-16 | Requires certification of tenure charges by board of education, referral of case and hearing before an administrative law judge. Requires board to resume paying teaching staff member after 120 days until such time as final decision is made by Commissioner of Education. | Allows only limited appeal of rating based on claim that the district failed to adhere substantially to the approved evaluation process. Such appeals will be heard by the superintendent of schools. No right to appeal rating beyond the board of education. If board seeks to file tenure charges against a teacher, principal, assistant principal or vice principal who is currently rated as "effective" or "highly effective" requires certification of tenure charges by board of education and hearing before an administrative law judge (ALJ). Requires that hearing before ALJ must be completed within 30 days. Eliminates requirement for district to resume paying |
| Compensation / Collective Bargaining N.J.S.A. 34:13A-1, et seq. | Requires that where a collective bargaining unit exists, compensation shall be bargained locally between the unit and the board of education. | Provides that compensation for individuals serving as a teacher, principal, assistant principal or vice principal shall be based on specific factors, including demonstrated effectiveness in advancing student learning, whether the staff member is assigned to a failing school, and whether the staff member is teaching in a difficult-to-staff subject area. Prohibits local district from adopting compensation system that is based primarily on seniority. Requires commissioner approval to provide additional compensation based on academic credits or degrees. Maintains current system for determining compensation for all other staff members |
| Seniority/ Reductions in Force N.J.S.A. 18A:28-9, et seq. | Requires that any decision imposing a reduction in force must be for reasons of economy, a reduction in pupils, an administrative reorganization or other good cause Requires that decisions regarding a reduction in force shall be made based on seniority | Provides that reduction in force may also be imposed as a result of consolidation or sharing of services across districts or because a district is identified as "failing" by the commissioner Provides that decisions regarding dismissal as a result of reduction in force shall be made on the basis of effectiveness, and not seniority |
| Transfer N.J.S.A. 18A:27-4.1 | Requires that teaching staff member may only be appointed or transferred upon recommendation of superintendent and approval of board | Revises requirement to add that a teacher may not be assigned to a specific school without the mutual consent of the teacher and principal |
Major Components of Proposed Teacher Evaluation System
The Governor's legislative proposals call for a new statewide teacher evaluation system. Following the recommendation of the Task Force, the system would require that 50% of teacher evaluation be based on student assessment results, and 50% be based on teacher practice.
Measures of Teacher Practice
The Task Force recommended that there be two components to evaluation of teacher practice:
- Classroom observation, which would account for at least half of the weight within the teacher practice section (50%-95% of this component); and
- At least one additional measurement tool, and that each of these tools comprise at least 5% of the teacher practice component, but not more than 50% in combination.
Measures of Student Achievement
The Governor has proposed that at least fifty percent of a teacher's evaluation be based on direct measures of student achievement as demonstrated by assessments and other evaluations of student work.
The Task Force recommended that the student achievement portion of the evaluation initially comprise 50% of a teacher's evaluation, and grow over time as the new system is implemented. The student achievement measure would consist of two required components and one optional component. The largest required component (70% - 90%) would be an individual teacher's contribution to his/her students' progress on a statewide assessment. The other required component would be a state-approved schoolwide performance measure (10%). A third, optional, component, would be another measure of performance (0% - 20), also state-approved.
Individual Student Growth
The Task Force indicated its belief that growth measures are preferable to attainment measures because they account for a student's academic starting point and give credit for progress made during the school year. The state will be able to generate growth scores in fall 2011. By fall 2012, the state will be able to tie growth scores to teachers.
However, because not all subjects and grades have statewide assessments, growth scores can be computed for a limited number of teachers the Task Force recommended that the state develop assessments capable of generating growth scores in as many additional subjects and grades as appropriate and financially feasible so that growth can be calculated for more teachers.
Schoolwide Performance Measure
The Task Force recommended that a total school performance measure comprise 10% of the student achievement portion. This measure could be a schoolwide aggregation of all students' growth on state assessments. Alternatively, teachers could share credit for meeting a school-specific goal. A school-specific goal would reflect an area of need identified by the school or district and would be approved for use by both the Commissioner and district superintendent.
Other Measures of Student Performance
The Task Force recommended that districts be permitted to choose one or more additional measures of student achievement from a list of state-approved measures. Such measures might include student performance on nationally-normed assessments or state-mandated end-of-course tests. These measures could comprise up to 20% of the achievement portion of the evaluation.
Major Components of Proposed Principal Evaluation System
Governor Christie's legislative proposals also call for a revised evaluation system for principals. As for teachers, at least half of the evaluation of principals must be based on student achievement measures.
School Leader Evaluations
The Task Force recommended that principal evaluations consist of three components and weights:
- Measures of effective practice: 40% - The Task Force recommends that New Jersey adopt the updated and revised Educational Leadership Policy Standards: ISLLC 2008. The Interstate School Leaders Licensure Consortium (ISLLC) standards have been adopted by most states, are widely accepted by the profession, and serve as a credible and useful foundation for principal evaluations. New Jersey uses an older version of the ISLLC standards, adopted in 2003 and based on the 1996 ISLLC standards, to accredit leadership preparation programs, license school leaders, and approve professional development activities.
- Differential retention of effective teachers (hiring and retaining effective teachers and exiting poor performers): 10% - The Task Force recommends that the following indices should be used to measure differential retention of effective teachers:
- Principal's effectiveness in improving teacher effectiveness (i.e., growth of teachers' ratings);
- Principal's effectiveness in recruiting and retaining effective teachers; and
- Principal's effectiveness in exiting ineffective teachers
- Measures of student achievement: 50% - The Task Force recommends that principals be evaluated on the aggregated growth of all students on statewide assessments (all subjects and grades). This measure should comprise 35% of the total evaluation (or 70% of the achievement portion of the evaluation). The Task Force further recommends that the state develop end-of-year assessments across a broader swath of subjects and grades, which it believes will facilitate the availability of a larger number of growth scores, providing a fuller measure of the school's overall performance.
- The Task Force recommends that every principal also be measured on at least one school-specific goal. A school-specific goal would reflect an area of need identified by the school or district and should be approved for use by both the Commissioner and district superintendent. This measure or combination of measures would comprise 15% of the total evaluation, or 30% of the student/school performance portion of the evaluation.
The list of state-approved measures might include:
- High school graduation rate increase
- Promotion rates from 9th to 10 grade
- College matriculation rate increase
- Proficiency level increases for an underserved subgroup
- Advanced level increases for the school or subgroups
- Student attainment level or proficiency increase on nationally normed or supplemental assessments [e.g., Iowa Test of Basic Skills (ITBS), Stanford
Four Defined Rating Categories
Governor Christie proposed, following the Task Force recommendation, that the new evaluation system have four categories: highly effective, effective, partially effective and ineffective. These categories would apply to teachers and principals.
The proposal also states that each school district must report the number of teachers rated in each evaluation category for the most recent school year. The Commissioner of Education must report on the department website the number of both teachers and principals in each district rated in each evaluation category.
Difficult Issues to Be Resolved
Governor Christie's proposals for tenure reform must gain sponsors to introduce them as bills in order to move forward in the legislative process. There is much to debate about the proposals. Some of the critical issues that we expect stakeholders, legislators, regulators, the Governor's office and the general public to consider include:
Lack of valid, reliable assessments in all areas. The proposed evaluation of principals and teachers depends substantially (at least 50%) on the outcome of standardized measures of student achievement. Currently, standardized tests are not administered in many subject areas, such as history, science, physical education, and fine arts. Furthermore, teachers of special populations, such as English language learners and students with disabilities, may need unique evaluation tools, as the Task Force recognized. Valid, reliable assessments are needed in many areas if the proposal is accepted.
Inability to challenge rating. The Governor proposed that teachers and principals cannot appeal or grieve the rating category assigned to them. Grievances or appeals will only be permitted if the challenge relates to the district's implementation of the evaluation process. Even then, teachers could only appeal the process to the superintendent. The proposal is silent on principals' appeal rights. Under current law, if a district wishes to use a poor evaluation to initiate tenure charges against a teaching staff member (including an administrator), school employees have extensive due process rates, including the right to a hearing before an administrative law judge to challenge the legitimacy of the evaluation results.
Disincentive to accept promotion. Under the Governor's proposal, tenure is achieved in exactly the same time frame for new teachers and for those who are promoted or transferred. The proposal lengthens the time in which tenure is earned in a promotion beyond the requirements of current law. Tenure earned in the new position does not count toward earning tenure in the previous position. These features of the proposal will act as disincentives to accept a promotion or transfer.
Disagreement over transfer of teacher. The Governor has proposed that teachers be transferred only where the teacher and principal mutually consent. This change would reduce the managerial authority of the board of education to transfer, and the authority otherwise given to superintendents to recommend transfers to the board.
Assignments to multiple schools. In many districts teachers and principals are assigned to more than one building. How will evaluations be handled for multiple assignments? Who will be responsible for evaluating the teacher or principal? Will different measures of achievement apply in different schools, and if so, how will the teacher be held responsible for both?
Reductions in force for improper reasons. The proposed legislation allows for reductions in force to gain "efficiencies from shared services or consolidations between school districts, or because the Commissioner has identified a school as failing. Any such reductions are to be made on the basis of effectiveness as measured by the new evaluation system, not by seniority. Seniority is abolished under the Governor's proposal. Without the protection of seniority, there is the potential for reductions in force to occur for reasons unrelated to a teacher's performance.
Future role of collective bargaining. The Governor's proposal includes several changes to law that would affect collective bargaining. The Commissioner, not districts, would set the compensation guide. Grievances over evaluations would be eliminated. New school boards must negotiate a new collective bargaining agreement, rather than continue the agreement in effect in the largest constituent school district. Together, these changes would eviscerate key collective bargaining rights for teachers and principals.
Accountability without authority. The Governor's proposals in some cases hold principals accountable for areas that are beyond their authority. For example, a part of a principal's evaluation would be based on their ability to recruit and retain the most effective teachers, and ensure that the least effective teachers exit the school district. However, school principals do not have the authority to make final hiring and termination decisions, and also do not have the budgetary authority to offer teaching staff the competitive salaries that may be needed to keep their best teachers from being attracted to other competing districts.
Two-tiered evaluation system. The Governor's proposals would create a two-tiered evaluation system. Teachers, assistant principals and principals would be subjected to the new system described above, while other district employees, such as instructional supervisors, school nurses, guidance counselors, and social workers would presumably continue to be evaluated under the present system, and would presumably maintain their current tenure and seniority rights. This could create significant tensions within a school district, as more vulnerable employees (teachers, principals, assistant principals) see the greater due process protections afforded to their colleagues working in other areas. Even in the teaching ranks, such problems will occur, as the proposed new evaluation system could only be fully implemented in those areas where statewide assessment data is available.
Politics and School ethics issues. Tenure was enacted in New Jersey in 1909 in order to reduce the negative influence of politics and questionable ethical practices on our public schools. Unfortunately, these problems have not gone away and in some cases have intensified. A review of recent decisions from the New Jersey School Ethics Commission shows that there are still many instances where individual school board members are acting for inappropriate reasons, and attempting to use their influence to negatively impact school employees. The loss of tenure and seniority protections will likely leave staff members more vulnerable to the harmful effects of such unethical practices.
Attempted Fast Tracking of Proposals. Governor Christie is seeking to implement vast reforms to New Jersey's evaluation system in an expedited manner, with only a one year limited pilot prior to full statewide implementation. This leaves little time to carefully study the actual impact of proposed reforms, implement necessary assessments, train all staff, and to learn about the inevitable unintended negative consequences that will arise from such a wholesale change. Unfortunately, there is no quantitative data available that conclusively shows that the proposed reforms have been successfully implemented on a statewide basis anywhere in the country.
Stay Tuned!
These questions and issues represent only the proverbial "tip of the iceberg" in analyzing the proposed reforms put forth. Governor Christie is attempting to initiate vast reforms to the system of evaluation of teachers and principals, and to the protections of tenure. These reforms deserve careful analysis and review by the Legislature, with input from all key stakeholders. Stay tuned in the months ahead for more developments as education reform is debated and shaped in New Jersey.