Date: To: From: Re: Cc:

September 23, 2013 Special Education Teacher Assistant Director Notice of Deficiency and Expectation Executive Director, Director of Special Education, Employee Relations File

This is a Notice of Deficiency and Expectation. The reason for this Notice is to advise you of several concerns I have regarding your professional conduct, failure to maintain confidentiality and uphold the Family Educational Rights and Privacy Act (FERPA), and failure to correctly complete due process documentation despite having a prior Notice of Probation addressing these issues. Issue: Professional Conduct Proper professional conduct is an essential function of your job. It is expected that you will display professionalism and professional decision making at all times. You received a Notice of Probation on February 14, 2013 (see attached) detailing previous actions that warranted improvement. Since that time your performance has not improved to a satisfactory level. For example on Friday, September 13th, 2013, you engaged in a verbal altercation with an agitated student in which you told said student that she, wasnt in special education yet, but her behaviors could be labeled as EBD. This comment only served to agitate the student further and did not help diffuse the situation. Issue: Failure to Maintain Confidentiality and uphold FERPA Maintaining confidentiality in regard to student information is an essential function of your job and required by federal law. It is expected that you will respect your students privacy by maintaining confidentiality about their disability and personal and educational history. You received a Notice of Probation on February 14, 2013 (see attached) detailing previous breaches of confidentiality that warranted improvement. Since that time your performance has not improved to a satisfactory level. For example, on Friday, September 13th, 2013 during an IEP meeting with a parent, you engaged in conversation about another student who was not the child of the parent present at the meeting. Issue: Failure to Correctly Complete Due Process Documentation Producing compliant due process documentation is an essential function of your job as a special education teacher and required by the Department of Education. It is expected that you will keep up to date on the current federal and state regulations regarding special education due process documentation. You received a Notice of Probation on February 14, 2013 (see attached) detailing previous noncompliance with due process documentation that warranted improvement.

Since that time your performance has not improved to a satisfactory level. We are entering a state formal monitoring and compliance year, so completing correct due process documentation is of the utmost importance. A specific example of noncompliance involved writing incorrect service minutes on student IEPs. On Friday, September 13, 2013 it was discovered that you had written an IEP with 370 minutes of indirect service time for having the student carry around a behavior point sheet all day. Having a student use a point sheet throughout the day does not constitute indirect service on your behalf. You have previously been counseled regarding these concerns. However, despite these efforts, you continue to demonstrate unsatisfactory progress. You must improve in the areas of concern, specifically, you must: Display professionalism and professional decision making skills at all times, including: Following established protocols for dealing with out of control students or potentially out of control students Disengaging from potential power struggles with students Remaining calm and collected when addressing student behavior problems Respecting and following directives from your supervisors Maintain confidentiality of student information at all times. Attend all due process trainings provided to you Follow all federal and state regulations relating to special education due process documentation Complete all due process documentation within the established timelines Director of Special Education Intern must check all due process prior to finalizing the documents. Schedule and meet weekly with Assistant Director, Director of Special Education Intern and others who may be appropriate. You need to implement and complete the above tasks and make improvements on your performance. Further disciplinary action, up to and including termination, will be necessary if the
performance does not improve or if other performance issues arise.

Signature of Special Education Director___________________________ Signature of Supervisor __________

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Signature of Teacher/Service Provider ____________________________ Date_____________ Signature of Additional Team Member ____________________________ Date_____________ Signature of Additional Team Member ____________________________ Date_____________ Signature of Additional Team Member ____________________________ Date_____________