Performance Management of Teachers
In September 2012 new regulations will be introduced providing headteachers and governing bodies with a far greater degree of flexibility in implementing capability procedures. The Education (School Teachers’ Appraisal) England Regulations 2012 will replace the current regulations with a significantly trimmed down capability and appraisal process that is intended to bring schools more into line with the ACAS Code which governs the way most other employers deal with capability matters. It will give schools the opportunity to remove the current duplication between performance and capability procedures which can cause delays and confusion in dealing with capability issues.
The new Regulations affect maintained schools but will not impact on existing academies, free schools or other independent schools.
The Department of Education has issued a new model policy on teacher appraisal and capability. Model procedures are provided in the policy. Schools have the option to introduce the new optional policy from 1st September 1 2012:
Capabilty
In general, a capability/ performance process must be reasonable in all the circumstances with the main focus on improving performance. Prior to any dismissal the employee should be given warning of the consequences of failing to improve to the necessary standard. Where necessary skills are lacking the employer should provide appropriate training, advice and and close supervision so that an opportunity to improve is provided. Formal capability hearings should be held prior to any warnings or a dismissal.
Governing bodies and local authorities will be able to decide on their own classroom observation times – the three hour limit per year will be removed. Likewise the informal stage of the capability procedures will be removed and the suggested 20 week monitoring and review period prior to a first written warning will be reduced to 10 weeks for straightforward cases. There will not be a set timetable; rather the timetable should be set according to the circumstances of each case.
Appraisals
As you would expect, the appraisal system is maintained. The appraisal period (except in specific cases) is 12 months and each teacher must be set objectives which must contribute to the improvement of education of pupils and the implementation of any plan of the governing body designed to improve the school’s educational provision and performance. Teachers must be given a written report recording the appraisal and setting out a performance assessment together with training and development needs.
An external adviser must be appointed to appraise the performance of a headteacher. The external advisor must be consulted when setting objectives for headteachers.
Schools might like to take advice on the opportunities for trimmed down and simplified processes which the new Regulations provide for.
