FAQs – TEACHER PERFORMANCE UNIT, LABOR SUPPORT UNIT AND
PEER INTERVENTION PLUS PROGRAM
I. THE TEACHER PEFFORMANCE UNIT
Q:
What is the Teacher Performance Unit (“TPU”)?
A:
The Teacher Performance Unit (TPU), which is located within the Office of the
General Counsel, is comprised of experienced attorneys who focus solely on
addressing cases of low-performing tenured pedagogues, both by providing
counseling to principals and other school officials in connection these issues and
also representing administration in 3020-a disciplinary hearings against tenured
pedagogues charged with incompetence. TPU’s goal is to help principals improve
teacher quality in their schools by providing support to principals around
performance issues and bringing and litigating these cases in a thorough,
expeditious and effective manner. TPU attorneys will be involved in potential
disciplinary cases from an early stage, providing guidance to principals on
technical questions and on case preparation.
Q:
Who should I contact if I have a concern regarding a tenured teacher who I
believe may be a low-performer and in need of assistance?
A: If you wish to discuss a case either formally or informally with a representative of
TPU, please contact the Florrie Chapin, Director of the Teacher Performance Unit
at (212) 374-7930 or at fchapin@schools.nyc.gov.
Q:
How soon after I have identified a low-performing tenured teacher should I
contact the Teacher Performance Unit?
A:
There is no need to wait for two annual unsatisfactory ratings or even one annual
unsatisfactory rating before contacting TPU about a low-performing tenured
teacher. TPU’s mission is to support the principal at the earliest possible moment
after he/she has identified a low-performing tenured teacher. We can help you to
develop strategies to address the performance problems, review documentation
and answer any legal questions you have about the disciplinary process.
Q:
May I contact TPU regarding a tenured teacher who has not yet been U-rated?
A:
Yes. TPU provides assistance on a wide variety of cases regarding the
competency of tenured teachers.
Q:
Do I need to conduct a minimum number of observations needed to give a teacher
an “unsatisfactory” rating for the year?
1
A:
There is no minimum number of formal or informal observations needed in order
for a particular teacher to receive an “unsatisfactory” rating for an academic year.
While, ideally, teachers should be given written notice of performance problems
and an opportunity to improve prior to receiving an unsatisfactory rating, the
decision of how many times a particular teacher may be observed over a given
period of time is left to the discretion and judgment of the principal(s) who would
be in a position to make a decision on such matters.
A. The Technical Assistance Conference
Q:
What is a Technical Assistance Conference “TAC”?
A:
In short, a TAC, or Technical Assistance Conference, is an in-person meeting,
between the principal and the TPU Director or TPU attorney, at which they
discuss the case and the attorney(s) offer counsel and recommendations as to how
to proceed with the case. The conference typically lasts about one hour. The
conference is typically held at TPU’s office, however, TPU will always endeavor,
where possible, to meet the principal at his or her school.
Q:
How do I schedule a TAC?
A:
Please contact Florrie Chapin Director of the Teacher Performance Unit (TPU),
by phone, at (212) 374-7930, or by email at fchapin@schools.nyc.gov, or submit,
by fax or email a completed TAC request form. The form can be found on the
DOE website.
Q:
How soon after requesting a TAC will I receive a meeting with the Teacher
Performance Unit?
A:
The Teacher Performance Unit endeavors to schedule TACs at the earliest
mutually convenient date. A representative from the Unit will contact you within
five days of receiving the request to schedule a TAC. To expedite the process, it is
absolutely critical that each principal provide TPU with the teacher’s entire
personnel file, as well as any other documents which relate in any
way to the teacher’s performance prior to the meeting. Without this
documentation, it is impossible for TPU to make an effective assessment of the
case.
To be clear, in order to assess the case TPU needs every single piece of
paper which relates to this teacher's pedagogical performance over the years.
Q:
What are the supporting documents that I need to provide to TPU before the
TAC?
A:
Once a TAC has been scheduled, the principal or another school official should
submit to TPU a completed TPU principal’s checklist (also found on the DOE
2
website) along with the requested supporting documentation. The documentation
includes, among others, the pedagogue’s entire personnel file, all rating sheets
(including any satisfactory ratings), letters to the file, and observation reports
(formal and informal). In addition, all the materials demonstrating the
Department’s efforts at remediation and offers of professional development
should be included in the packet. Should you need guidance regarding this request
please feel free to contact TPU.
Q:
What happens during the TAC?
A:
During the case conference, the TPU Director and staff attorneys will meet with
the principal to discuss the case, make a determination whether the case is ready
for 3020-a charges and to provide practical information and recommendations as
to how the principal should proceed forward with the case.
B. Procedure Following the TAC
Q:
What happens after my initial TAC meeting with the Teacher Performance Unit?
A:
After the case has been carefully reviewed a determination will be made, by TPU
in consultation with the principal, as to whether to commence the 3020-a process
at that time.
Q:
What happens if TPU accepts the case?
A:
If TPU decides to accept the case an email will be sent to the principal
indicating that the tenured pedagogue will be charged. At such time, TPU will
recommend that the teacher be removed from the classroom and assigned to
administrative duties outside of the school.
Note, if a principal requests that a pedagogue be removed for incompetence prior
to a TAC with TPU, that request must be approved by the TPU Director, and such
requests will be reviewed on an expedited basis. Note that such requests will be
granted only in unusual circumstances.
Q:
If TPU accepts the case, how soon may a teacher is removed from my school?
A:
Once TPU accepts the case for disciplinary charges, TPU will email the ISC
directing HR to reassign the teacher pending the outcome of disciplinary charges.
Thereafter, HR will send a letter to the principal which provides the date and
location of the teacher’s reassignment. The reassignment typically occurs within
[1] week.
Q:
What happens if TPU does not accept a case?
3
A:
If a determination is made that a 3020-a case should not be pursued at this time
(ordinarily because it has not been developed to the point that there is a realistic
chance to obtain a termination) that will be discussed with the principal at the
TAC. Thereafter, an email will be sent to the principal indicating the reasons for
that decision and advising the principal on what action should be taken next. In
such instances, TPU and LSU will continue to offer high quality and responsive
support to the principal, which may include, among other things, assignment of an
LSU consultant to work with a principal, a recommendation to enroll the teacher
in the PIP+ program, and/or, simply, continued observation and documentation of
the teacher, as well continued professional development.
II. LABOR SUPPORT UNIT
Q:
What is the Labor Support Unit (“LSU”)?
A:
The Labor Support Unit (“LSU”) is staffed by experienced school supervisors,
most of whom are retired NYC public school principals. Their mission is to
provide the first line of support to principals addressing low -performing tenured
teachers. Their primary responsibilities are: to provide guidance and general
assistance to principals in developing support programs for ineffective tenured
teachers and, where necessary, guidance on technical evaluation and discipline
issues; to help organize documentation of performance problems; to conduct
additional observations of teachers upon request of the principal; and to
coordinate with the Peer Intervention-Plus (PIP+) Program and the Teacher
Performance Unit, as well as Human Resources and ISC counsel, on your behalf.
LSU staff will be assigned to individual schools, so you will be able to work with
one member of the LSU continuously.
Q:
What type of assistance can I expect from the LSU consultant?
A:
LSU staff will be assigned to individual schools, so you will be able to work with
one member of the LSU continuously. The LSU staffer will meet with you
initially to obtain background information about the teacher or teachers and to
review documentation. Over the following several weeks, the LSU staffer will
follow up with you to recommend an action plan for obtaining significant
improvement from the teacher(s). The LSU staffer will then help you to
implement the action plan and assess its effectiveness. If the teacher(s) do not
show significant improvement, the LSU staffer will work with you to determine
whether and at what point to bring disciplinary charges against the teacher(s) and
will, along with your attorney from the Teacher Performance Unit, guide you
through the disciplinary process.
Q;
How do I enlist the assistance of consultant from the Labor Support Unit?
4
A:
A principal who would like to have the benefit of a consultant’s assistance should
contact Florrie Chapin, Director of the Teacher Performance Unit, by phone, at
(212) 374-7930, or by email at fchapin@schools.nyc.gov. or Dr. Elizabeth Arons
at (718) 935-4919, or by email at earons@schools.nyc.gov
Q:
How much will the LSU consultant cost?
A:
These supports are being provided centrally without cost to schools. Principals
will not have to find funds within their school budgets in order to access these
services, regardless of how often they do so.
III. PEER INTERVENTION PLUS “PIP+”
Q:
What is the PIP+ program?
A:
The Peer Intervention-Plus (PIP+) Program was jointly agreed to by the DOE and
UFT as part of the 2006 contract between the parties. Under this agreement, the
DOE and UFT have jointly selected an outside vendor, RMC Research
Corporation, a national company with expertise in professional development, to
provide objective, classroom experts (usually retirees from NYC or other school
districts) who will work with unsatisfactory-rated tenured pedagogues over a 3month period to attempt to help them improve and to make an assessment of their
performance. During the teacher’s participation in the PIP+ program, supervisors
can, and are expected to, continue to observe and evaluate the teachers.
Principals will have the option of inviting teachers in this category to participate
in the program. The teacher must voluntarily agree to enter the program. If
teachers decline the offer of assistance, this fact is admissible in disciplinary
hearings.
Q:
Which teachers are eligible for the PIP+ program?
A:
The PIP+ is, pursuant to the agreement between the DOE and UFT, targeted
specifically at tenured teachers in danger of receiving disciplinary charges for
incompetence. That means the teacher must have, at a minimum, received one
unsatisfactory annual rating
Q:
Who are the Peer Observers of the PIP+ program?
A:
RMC will assign an expert classroom teacher to work as a peer intervener with
the struggling teacher for a period of approximately three months. These peer
observers are neither UFT members nor employees of the New York City
Department of Education. Their charge is to develop a plan for improvement for
the low performing teacher, but also to provide an objective written evaluation of
5
the teacher’s competence at the end of the process that is admissible at 3020-a
disciplinary hearings.
Q:
For how long does the PIP+ program run?
A:
The observers will work with this teacher for a period of approximately ten to
twelve weeks. Please note, during this time, school supervisors will be fully free
to continue to observe and evaluate the low-performing teacher.
Q:
How much does PIP+ cost?
A:
PIP+ being provided centrally without cost to schools. Principals will not have to
find funds within their school budgets in order to access these services, regardless
of how often they do so.
Q:
Is PIP+ the same program as the Peer Intervention Program (PIP) established in
the 1990s?
A:
No. The Peer Intervention Program established in the 1990s is now only for
teachers who are not in danger of disciplinary charges for incompetence. PIP+ is
the sole program for tenured pedagogues in danger of receiving such charges.
Linked [here] is a chart showing the differences between PIP and PIP+
Q:
May I ask a teacher for his/her lesson plans while he/she is in the PIP+ program?
A:
Yes. A teacher’s participation in the PIP+ programs does not obviate his or her
responsibilities regarding lesson planning.
Q:
May I conduct observations of a teacher who is in the PIP+ program?
A:
Yes. The PIP+ program allows principals and administrators to observe a teacher
under the same conditions as prior to his or her entry into the PIP+ program.
In fact, we encourage principals to continue to observe teachers, both informally
and formally during the teacher’s participation in the program.
6