This is a key area for Governors and one which provokes a considerable number of questions regarding the Governing Body’s responsibilities.
The regulations make clear that performance management applies to all teaching staff and lays down a formal process of planning, implementation and review of performance for each member of the teaching staff.
While some members of the Governing Body will play an active part in the review of the performance of the Head of School, the responsibility for the performance review of other staff rests with the Headteacher (and/or their nominee).
The responsibility of the Governing Body in respect of staff other than the Head Teacher over and above determining the policy and process requirements is essentially one of ensuring that the performance policy and processes reflect the requirements of the legislation ; that it is reviewed annually and that an annual report is also received from the Head indicating how the process has been undertaken within school.
The regulations – to whom do they apply?
The Education (School Teacher Performance Management) (England) Regulations 2006 (and guidance) applies to teachers and head teachers covered by the School Teachers Pay and Conditions Document. Support staffs within schools are not affected.
These provisions do not apply to Wales, where the Welsh Assembly holds responsibility.
What is Performance Management?
A process for assessing the overall performance of a teacher or Head Teacher, in the context of the individual’s job description; the provisions of the National Conditions of Employment and making plans for the individual’s future development in the context of the school’s improvement plans.
Why the changes?
To assist in the development of more effective arrangements for performance management in schools as part of an initiative to develop a new professionalism for teachers.
What are the Governing Bodies Responsibilities?
The Principal responsibilities are:
a) To establish the school’s performance policy, monitor the operation and outcomes of the arrangements and to review policy.
b) Appoint 2/3 governors to review the Head’s performance
c) Appoint an external adviser where a School Improvement Officer has not been appointed to the school
d) Make decisions through appropriate committees on pay recommendations
e) Through the Chair, retain copies of the Head’s planning and review statement
f) Undertake action in the light of any appeal
Who appoints the Governors to the Heads Review?
The Governing Body makes the appointments and should attempt to reflect the make-up of the Governing Body and to appoint governors with the appropriate skills
Do Heads have Any Say?
Heads may object in writing to the Governing Body of the appointment of a Governor to the review panel. Any objection must be on the grounds that the governor is unsuitable for professional reasons.
Does the Governing Body have to Accept This Objection?
The Governing Body must satisfy itself that the reasons submitted by the Head teacher seeking the removal of an appointed Governor are for professional reasons only and that the reasons themselves are significant. The Governing Body may then appoint another Governor if they accept the Heads objections or may reject the request. In the case of a rejection the Governing Body must state the grounds for the rejection, in writing.
What is the Position of Other Staff in Respect of Persons Appointed as Reviewers?
Staff may object against the appointment of a member of staff appointed as a reviewer, on professional grounds, in writing to the Head. The Head may appoint another member of staff if persuaded by the objections put forward or may reject the objections. Where the objections are rejected the teacher shall be advised in writing.
Who Sets Targets for the Head?
The targets for the Head are agreed with the Head usually on an annual basis as part of the review process. The Governors Review Panel will discuss with the SIP (where appointed) the school’s Improvement Plan and the targets that are to be required for the next review cycle. Such targets must be meaningful and achievable. The SIP will assist the Governing Body in establishing targets in discussion with the Governors Review Panel and the Head. Every effort should be made to achieve agreement on the requirements to be placed upon the Head and only in the last resort should targets be imposed upon the Head when discussion has failed.
Does the Governors Panel Set Targets for the Rest of the Leadership Team?
No, these are set by the Head and ought to reflect the targets that have been required of the Head. The Head is required to report to Governors on the performance of the leadership group within school.
What is the Function of the Schools Improvement Officer in Performance Management?
To assist the governors review panel in setting meaningful but achievable targets and in reviewing outcomes. The SIP is not responsible for determining a recommendation to the Pay committee on whether increments should be paid to the Head following the review; this is a matter for the Governors Panel alone.
What is Required in the Process?
The process for all staff should include:
- scheduling planning and review meetings as far in advance as possible;
- setting aside appropriate time for the meetings and ensuring that those who are participating are adequately prepared;
- ensuring the meetings are a professional dialogue between reviewer and reviewee;
- ensuring that the outcomes of meetings in regard to planning for the next cycle and the outcomes of any review are recorded in a single planning and review cycle statement
What are the Differences between the Head Teacher's Performance Review and That of Other Staff within the School? The procedure and process for a Head will mirror as far as possible the process for teachers. The key differences are the involvement of the Governing Body and the Governing Body (in the form of the review panel) taking advice from the School Improvement Officer and/or external adviser.
Are There any Changes to the Current Practice of the Governing Body’s Pay Committee Approving any Incremental Progression for the Head and Other Staff of the School?
The review panel will continue to make recommendations to the Pay Committee on any increases for the Head teacher based upon the review of targets and the performance achieved. The Head will report to the Pay Committee on the outcomes of review for other members of the Leadership group, post threshold teachers and advanced skills teachers. Other staff of the school may be referred to the Pay Committee where their performance is deemed to warrant the payment of an increment over and above the annual incremental progression.
Does The Payment Of Additional Increments For The Head and Other Senior Staff Within School Remain At The Discretion Of The Pay Committee?
The Pay Committee is entitled to determine whether increments are paid or not to the Head and other senior members of the school teaching staff following a review of performance, which are not governed by any national agreement in respect of pay progression. Unless there are substantial grounds for not doing so, the expectation is that performance that attains the required targets and where overall the undertaking of the required duties is at least satisfactory, that performance will be recognised by the granting of an increment (increments).
To Whom Does The Head Turn If Dissatisfied With The Outcome Of His/Her Review Of Performance?
The review statement may be given to the Governors Review Officer (usually the Chair of Governors unless a member of the Review panel) for further deliberation. If the Review Officer is persuaded that aspects of the review are inaccurate, s/he may require that the statement be reviewed again.
This guidance was last updated in August 2009.
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