Teacher Dismissal and the New
Teacher Evaluation System (TESS)
Kristen Craig Gould, Staff Attorney, ASBA
Special Thanks to Dr. Karen Cushman, Arkansas Department of Education
What is TESS?

Arkansas Teacher Excellence Support
System (TESS)
 Provide a transparent and consistent
teacher evaluation system for public
school districts and public charter
schools
 Support teachers' roles in improving
students' educational achievements
Phrases you will hear

Charlotte Danielson
– TESS is largely based the work of this
educator and author of Enhancing
Professional Practice, A Framework for
Teaching.

Domain(s)
– Danielson breaks teaching down into
four areas or domains, and this
structure is embedded in TESS.
WHAT DOES TESS REPLACE?
Instruments and Rubrics
SOME CURRENT INSTRUMENTS………
Unsatisfactory
3b. Teacher
uses
appropriate
questioning
techniques and
prompts in
discussion
Basic
Proficient
x
Distinguished
UNDER TESS:
3b: Using
questioning /
prompts and
discussion
Unsatisfactory
Basic
Proficient
Distinguished
Teacher’s questions
are of low cognitive
challenge, single
correct responses, and
asked in rapid
succession.
Teacher’s questions
lead students through
a single path of
inquiry, with answers
seemingly determined
in advance.
Interaction between
teacher and students
is predominantly
recitation style, with
the teacher mediating
all questions and
answers.
Alternatively the
teacher attempts to
frame some questions
designed to promote
student thinking and
understanding, but
only a few students
are involved.
While the teacher
may use some lowlevel questions, he or
she poses questions
to students designed
to promote student
thinking and
understanding.
Teacher uses a
variety or series of
questions or promp
to challenge studen
cognitively, advance
high level thinking a
discourse, and
promote metacognition.
A few students
dominate the
discussion.
Teacher attempts to
engage all students in
the discussion and to
encourage them to
respond to one
another, with uneven
results.
Teacher creates a
genuine discussion
among students,
providing adequate
time for students to
respond, and stepping
aside when
appropriate.
Teacher successfully
engages most
students in the
discussion, employing
a range of strategies
to ensure that most
students are heard.
Students formulate
many questions,
initiate topics and
make unsolicited
contributions.
Students themselve
ensure that all voice
are heard in the
discussion.
“Good” teachers will get some scores in the Unsatisfactory
and Basic categories.
TESS raises expectations for teachers and administrators.
GET READY!
What is it supposed to do?

Provide an integrated system to
improve student learning that links
evaluation procedures with
– curricular standards
– professional learning activities
– targeted support to encourage teachers
in improving their knowledge and
instructional skills
Who gets evaluated?

Licensed teachers will be evaluated under
the new system--including guidance
counselors and media specialists.
 “Teacher” also includes a non-licensed
classroom teacher employed at a public
charter school granted by the state board.
 Pre-school teachers are not required to be
evaluated under this system; however, a
district/co-op can choose to include them.
Who does the evaluation?
Principals are expected to be
instructional leaders
 Any administrator who evaluates
teachers MUST pass the certification
test; central office administrators
must complete the training but are
not required to test unless they also
evaluate teachers.

How do administrators get
certified?
Administrators watch videos of
lessons being taught, and are taught
to score the job performance based
on the Danielson domains.
 “Double Check Marks” indicate a
passing score for administrators

Some principals may not pass the test.
Eventually, getting the TESS credential will be a standard
expectation of the job of school administrator.
GET READY!
TIME FRAMES
Arkansas Teacher Excellence
Support System (TESS) Training Timeline – Revised March 2013
Evaluator Support
Training
Administrator/Evaluator
Training
One Day Face-to-Face
Teacher Support Training
One Day Face-to-Face &
1/2 Day in Buildings
Full Implementation
150 participants chosen
by co-ops and large
districts
Training for administrators
was focused on law, training
and evaluation process,
certification test, and the
Teachscape software.
One person from each school
building will attend a 1 day faceto-face training at their local coop to prepare for facilitating
group sessions using modules of
the Teachscape software at their
school.
All teachers must be
evaluated using the
TESS model
3 Day Training
December
2012
Support in local districts and
cooperatives.
Jan – Mar
2013
FFTPS training and
proficiency test will
be completed by
December 31, 2013.
Mar-April
2013
Summer 2013
2014-15 Full
2013-2014 Year Implementation
Teachers must complete ½ day training and
begin online training in FFTES by August 31,
2013. Schools may use the 2013-2014 school
year to complete the training for all teachers.
Schools are encouraged to provide group
facilitated sessions led by the trainers through
the modules and additional focus on the
Framework in faculty meetings and other
trainings. Teachers must complete the
Teachscape modules by May 31, 2014.
*Central office staff are not required to pass the certification test; however, they are required to complete training.
*Summative evaluators of teachers must pass the certification test; current evaluators must pass by December 31, 2013.
*Teachers must complete ½ day training by August 31, 2013, and Teachscape modules by May 31, 2014.
When?
 TESS piloting with 11 schools was
conducted in the 2012-2013 school year.
 All schools will pilot TESS during the
2013-2014 school year.
 The first full year of implementation is
2014-2015.
 Data will be reported on the 2017
School Performance Reports.
Wait! Don’t we need a POLICY?



Yes, you need a policy. Yes, Model Policy
Service will send you a policy.
Act 709 of 2013 made substantive changes to
TESS which triggers exemption from the May first
adoption deadline prescribed under A.C.A. 6-17204.
We will send you a “policy kit” with different,
optional paragraphs for the policy and districts
can choose the one(s) that most directly align
with their level of implementation for the pilot
year.
What will this mean?
Change is good.
Change is good.
You go first!
What will this mean to
principals?

The job of principal will radically change
in some schools.
 Principals will spend more time in
classrooms, less time in the office.
 Support staff need to say, “Ms. Principal is
observing in classrooms” not “Ms.
Principal is away from her desk.”
 Impact on who handles student discipline.
Hey! What about principal
evaluation?
They are supposed to be evaluated
under TESS, too.
 ADE will eventually let us know how
all that will work
 Stand by for updates on this.

What will this mean to teachers?
This will challenge the existing
cultural expectations concerning
teacher evaluation
 The job of teacher will be looked at in
a very different way

What will this mean to board
members?
Some teachers will be unhappy.
 Some teachers may complain to you.
 Consider reading Enhancing
Professional Practice, a Framework
for Teachers, by Charlotte Danielson.
 Remember your statutory role to
provide a due process hearing.

Track 1
*Probationary/
Novice
Year 3
Summative Evaluation on all
components; formative can
focus on targeted growth areas,
PGP developed following first
formative.
AR-TESS
Teacher Tracks
Track 3
Intensive
Support Status
Track 2
Interim Teacher
Appraisal Process
2A: Summative Evaluation
Summative evaluation on all
components once every three
years; formatives can focus on
targeted growth areas. PGP is
used throughout the year.
Summative Evaluation
Year 2
Summative Evaluation on all
components; formative can
focus on targeted growth areas,
PGP developed following first
formative.
Year 1
Summative Evaluation on all
components; formative can
focus on targeted growth areas,
PGP developed following first
formative.
Intensive Professional
Learning Plan
Multiple formal and
informal observations
Multiple conferences
between
teacher/evaluator
May remain in track 2
semesters. 2 additional
semesters may be
added if improvement is
observed.
2B: Interim Appraisal Process
2B2:Observations focus on
targeted areas of PGP.
A modified evaluation is based
on specific components of the
rubric included in the PGP over
the two year cycle.
2B1: Observations focus on
targeted areas of PGP.
A modified evaluation is based
on specific components of the
rubric included in the PGP over
the year.
*"Probationary teacher" means a teacher who has not completed three (3) successive years of employment
in the school district in which the teacher is currently employed. A teacher employed in a school district in
Arkansas for three (3) years will complete the probationary period.
*An employing school district may, by a majority vote of its directors, provide for one (1) additional year of
probationary status – District Policy is required to place all new employees incoming to the district from
another district /state on a one-year probationary status.
*A first year teacher will be considered both a novice and probationary teacher.
Revised 3/13/13
**
3 Year Cycle Process
Cycle 1
 Year 1 2A
 Year 2
2B2
 Year 3
2B1
Cycle 2
 Year 1 2B1
 Year 2 2A
 Year 3 2B2



Cycle 3
Year 1
2B2
Year 2
2B1
Year 3 2A
2A-Formatives, PGP, summative with pre, formal observation, post, artifacts,
reflection, and new PGP. This is all minimally on a three year cycle.
2B2-Conversations about PGP and observations focused on PGP goals during the
year; reflection on PGP in spring. This may be for two years.
2B1-Conversations about PGP and observations focused on PGP goals during the
year; reflection in spring conference on PGP. This is used for one year.
Novice and Probationary have formative and summative cycle each year of their track.
How does TESS change things?
SO, HOW DO YOU
TERMINATE OR NON-RENEW
A TEACHER?
Teacher Fair Dismissal Act Still
Applies!

If the reason for termination is serious
misconduct (like slapping a student) the
evaluation is not relevant—the job action
isn’t based on classroom performance,
but on doing something really bad.
 If the reason for nonrenewal is a
Reduction In Force or RIF, then TESS has
nothing to do with it, because a RIF has to
be based on objective criteria. (Evaluation
is supposedly “subjective.”)
WHERE WILL TESS IMPACT
TEACHER TERMINATION?
Answer: If the teacher is being recommended for job action
based on classroom performance problems that are identified
by means of the TESS evaluation system.
WHERE WILL TESS IMPACT
TEACHER TERMINATION?
Track 1
*Probationary/
Novice
Year 3
Summative Evaluation on all
components; formative can
focus on targeted growth areas,
PGP developed following first
formative.
AR-TESS
Teacher Tracks
Track 3
Intensive
Support Status
Track 2
Interim Teacher
Appraisal Process
2A: Summative Evaluation
Summative evaluation on all
components once every three
years; formatives can focus on
targeted growth areas. PGP is
used throughout the year.
Summative Evaluation
Year 2
Summative Evaluation on all
components; formative can
focus on targeted growth areas,
PGP developed following first
formative.
Year 1
Summative Evaluation on all
components; formative can
focus on targeted growth areas,
PGP developed following first
formative.
Intensive Professional
Learning Plan
Multiple formal and
informal observations
Multiple conferences
between
teacher/evaluator
May remain in track 2
semesters. 2 additional
semesters may be
added if improvement is
observed.
2B: Interim Appraisal Process
2B2:Observations focus on
targeted areas of PGP.
A modified evaluation is based
on specific components of the
rubric included in the PGP over
the two year cycle.
2B1: Observations focus on
targeted areas of PGP.
A modified evaluation is based
on specific components of the
rubric included in the PGP over
the year.
*"Probationary teacher" means a teacher who has not completed three (3) successive years of employment
in the school district in which the teacher is currently employed. A teacher employed in a school district in
Arkansas for three (3) years will complete the probationary period.
*An employing school district may, by a majority vote of its directors, provide for one (1) additional year of
probationary status – District Policy is required to place all new employees incoming to the district from
another district /state on a one-year probationary status.
*A first year teacher will be considered both a novice and probationary teacher.
Revised 3/13/13
**
Track 3—Intensive Support
Status





Summative Evaluation
Intensive Professional Learning Plan
Multiple formal and informal observations
Multiple conferences between
teacher/evaluator
May remain in track 2 semesters. 2
additional semesters may be added if
improvement is observed.
What triggers Intensive Support
Status under TESS?

An evaluator may place a teacher in
intensive support status if the teacher has
a rating of “Unsatisfactory” or “Basic” in a
majority of descriptors (or worse, like
100% unsatisfactory) in a teacher
evaluation category.
 This is “teacher distress” like fiscal,
academic or facilities distress.
 In MISS
What does “Unsatisfactory”
mean?

“Unsatisfactory” means that actual
educational harm is being done to
students.
What does “Basic” mean?

“Basic” means that a teacher is
meeting minimum expectations.
What does “Proficient” mean?

Proficient is the desired standard—just
like with student testing.
 When you think back about your own
educational experience, the outstanding
teachers you remember probably would
score “Proficient” in most subcategories.
 Most teachers will have to work hard to
score “Proficient in most categories.
Four Evaluation Categories





Planning and Preparation
Classroom Environment
Instruction
Professional Responsibilities
If in any one of these categories, all
scores (100%) are Unsatisfactory or Basic
(or a mixture of Unsatisfactory and Basic),
mandatory intensive support status (MISS)
is triggered, and that has a time limit.
(Proficient is the target, and if you don’t hit it, you miss!)
MISS!
Four Evaluation Categories

Planning and Preparation: 6 total, 4 is majority
 Classroom Environment: 5 total, 3 is majority
 Instruction: 5 total, 3 is majority
 Professional Responsibilities: 5 total, 3 is
majority
If a teacher scores Unsatisfactory or Basic in
majority (or worse, like all or 4/5) of any one
category, in any one of these areas,
mandatory, statutory intensive support
(MISS) may be triggered at district option.
Mandatory Intensive Support
Status
MISS (mandatory intensive support
status) cannot last for more than two
consecutive semesters; however, if
substantial progress is documented,
it may continue for an additional two
semesters at option of evaluator.
 Evaluator works with teacher to
establish goals for MISS

Mandatory Intensive Support
Status
Evaluator determines whether or not
goals met and tasks accomplished
 Superintendent MUST recommend
teacher on MISS, to be terminated or
non-renewed, in compliance with
TFDA, if performance not improved
at end of time period.

Two Types of MISS
MISS by law




All scores in any category
are Unsatisfactory or Basic
District has no choice
Teacher has 2 semesters; if
progress, district has option
to continue for additional 2
semesters.
If inadequate improvement,
superintendent MUST
recommend
term/nonrenewal.
MISS at district option



Majority of scores in any
single category are
Unsatisfactory or Basic
District not forced; has
choice to trigger MISS or
handle another way
If MISS triggered at option of
district, same as MISS
triggered by law.
Why the two semester limit?

The first purpose is to trigger intense
support and resources on the teacher to
help improve performance.
 If a teacher shows signs of improvement,
but needs more structured support, two
additional semesters can be added at
district option.
 Ultimately, either the teacher will perform
at the desired level, or . . . . else.
What if the teacher doesn’t trigger
Mandatory Intensive Support?




A teacher may have serious classroom
performance problems, but not trigger the law on
MISS or the district may not wish to be tied to the
MISS timeline.
This teacher can still and should be placed on
something like Intensive Support, such as an
Improvement Plan. (Call to attention in writing,
document efforts to assist.)
Time limits do not apply to Improvement Plans by
law (but can be imposed by the district).
TFDA still applies
Why would a district trigger
MISS?



MISS gives additional legal protection to the
district in a termination or non-renewal for poor
teaching.
MISS documentation is considered to meet the
requirements of TFDA documentation 6-172807(g)(3)(a).
MISS compliance creates a rebuttable
presumption that school district has substantive
basis for just cause for termination or nonrenewal.
How can we all get ready?

Board members:
– Read Charlotte Danielson
– Become familiar with the evaluation
form and the language of the new TESS
– Understand that change is hard, and
many people will not enjoy something
new and demanding.
How can we all get ready?

Board members (continued)
– Understand your statutory role in providing
employee hearings is to get 100% of your
information at the hearing
– Consider staffing needs for student discipline
and instructional leadership and teacher
support
– Help the public understand the new system,
and the new demand on principals and
administrators
How can administrators get
ready?
Get “double check marks”
 Explain domains to board members, and
let them learn with the rest of the school
community
 Consider staffing priorities, and
alternative student discipline models to
free up administrator time for classroom
observation and TESS documentation and
meetings

How will ASBA provide support
You will get a model policy from us,
with choices.
 This will assist you in your
“ramp up” phase next year.
 We will develop administrative
support strategies and activities to
satisfy teacher MISS and Danielson
focused Improvement Plans plans.

Thank you!
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