A teacher was placed on an intervention plan after having been identified as in danger of receiving a “below expectations” or “unsatisfactory” rating on her appraisal. As part of the intervention plan, she was directed to produce a written summary of what she learned from two rapport-building exercises and a reflection on how students responded to the activities.

The teacher filed a grievance, alleging that the intervention plan violated the Paperwork Reduction Act, which prohibits a school district from requiring redundant paperwork. The law also restricts the types of paperwork that a teacher can be required to complete.

The district denied the grievance, and the teacher appealed to the commissioner of education, who held that the Paperwork Reduction Act had been violated and that the teacher could not be required to complete the paperwork.

The school district argued that the paperwork fell into one of the 10 categories of paperwork that is permitted, namely that a school district can require a teacher to complete paperwork that is required by law. The commissioner disagreed because the teacher in this case had been placed on a discretionary intervention plan.

In some cases, an intervention plan is required by rule, and in those cases, the teacher could be required to complete additional paperwork. However, in this case, the intervention plan was discretionary. The teacher could not be required to complete the paperwork.

For more information about when an intervention plan is discretionary and when it is mandatory, see the Commissioner’s rules related to educator appraisal and scroll down to §150.1004. Teacher In Need of Assistance.