Dismissal for Poor Performance: Hawaii

Exiting Ineffective Teachers Policy

Goal

The state should articulate that ineffective classroom performance is grounds for dismissal and ensure that the process for terminating ineffective teachers is expedient and fair to all parties.

Meets in part
Suggested Citation:
National Council on Teacher Quality. (2011). Dismissal for Poor Performance: Hawaii results. State Teacher Policy Database. [Data set].
Retrieved from: https://www.nctq.org/yearbook/state/HI-Dismissal-for-Poor-Performance-10

Analysis of Hawaii's policies

Hawaii's evaluation system makes an overall unsatisfactory performance rating grounds for dismissal.

In addition, after receiving notice of dismissal following an unsatisfactory evaluation, the teacher has 20 days to file a grievance with the Superintendent, and a meeting between the Superintendent and the teacher must be held within five  days thereafter. A decision regarding the grievance is delivered to the teacher within five days of the meeting. The teacher may then file an appeal with a Performance Judge within ten days of the grievance decision, and such judge must be selected within 20 days. While the Performance Judge has 30 days to issue a decision following the conclusion of the hearing, no time frame is specified for the hearing. The decision of the Performance Judge is final and binding.

Citation

Recommendations for Hawaii

Ensure that the appeal process occurs within a reasonable time frame.
Hawaii is commended for making unsatisfactory performance ratings grounds for dismissal. Whether or not the state considers "internal reviews" or "meetings" to be appeals, multiple opportunities to review a decision to terminate a teacher delays the process, possibly creating a disincentive to attempt to terminate poor performers. The state is encouraged to establish more time-sensitive parameters for its appeal process, as it is in the best interest of both the teacher and the school system that a conclusion be reached within a reasonable time frame. 

State response to our analysis

Hawaii was helpful in providing NCTQ with facts that enhanced this analysis. The state asserted that a tenured teacher is afforded several opportunities for internal review before the Superintendent makes a decision to terminate. Only then can the teacher file a grievance and the provisions of the Performance Judge procedures are followed in resolving the dispute as articulated in Article VIII.P.

Research rationale

One of the greatest shortcomings of teacher performance appraisals has been school systems' unwillingness and inability to differentiate instructional competency. The New Teacher Project, 2009, "The Widget Effect: Our National Failure to Acknowledge and Act on Differences in Teacher Effectiveness" at http://widgeteffect.org/

See NCTQ, State of the States: Trends and Early Lessons on Teacher Evaluation and Effectiveness Policies (2011) as well as studies by The New Teacher Project of human resource and dismissal policies in various districts at: http://www.tntp.org/.

For information on the high cost of teacher dismissals, see Steve Brill, "The Rubber Room," New Yorker, August 31, 2009 at: http://www.newyorker.com/reporting/2009/08/31/090831fa_fact_brill.
 
Also, see Scott Reeder, "The Hidden Costs of Tenure: Why are Failing Teachers Getting a Passing Grade?" Small Newspaper Group, 2005 at:http://www.nctq.org/nctq/research/1135269736359.pdf.