2011 Ohio Revised Code
Title [33] XXXIII EDUCATION - LIBRARIES
Chapter 3319: SCHOOLS - SUPERINTENDENT; TEACHERS; EMPLOYEES
3319.111 [First of two versions] Evaluating teachers on limited contracts.

(A) Not later than July 1, 2013, the board of education of each school district, in consultation with teachers employed by the board, shall adopt a standards-based teacher evaluation policy that conforms with the framework for evaluation of teachers developed under section 3319.112 of the Revised Code. The policy shall become operative at the expiration of any collective bargaining agreement covering teachers employed by the board that is in effect on the effective date of this section and shall be included in any renewal or extension of such an agreement.

(B) When using measures of student academic growth as a component of a teacher’s evaluation, those measures shall include the value-added progress dimension prescribed by section 3302.021 of the Revised Code. For teachers of grade levels and subjects for which the value-added progress dimension is not applicable, the board shall administer assessments on the list developed under division (B)(2) of section 3319.112 of the Revised Code.

(C)(1) The board shall conduct an evaluation of each teacher employed by the board at least once each school year, except as provided in divisions (C)(2) and (3) of this section. The evaluation shall be completed by the first day of April and the teacher shall receive a written report of the results of the evaluation by the tenth day of April.

(2) If the board has entered into a limited contract or extended limited contract with the teacher pursuant to section 3319.11 of the Revised Code, the board shall evaluate the teacher at least twice in any school year in which the board may wish to declare its intention not to re-employ the teacher pursuant to division (B), (C)(3), (D), or (E) of that section

. One evaluation shall be conducted and completed not later than the fifteenth day of January and the teacher being evaluated shall receive a written report of the results of this evaluation not later than the twenty-fifth day of January. One evaluation shall be conducted and completed between the tenth day of February and the first day of April and the teacher being evaluated shall receive a written report of the results of this evaluation not later than the tenth day of April.

(3) The board may elect, by adoption of a resolution, to evaluate each teacher who received a rating of accomplished on the teacher’s most recent evaluation conducted under this section once every two school years. In that case, the biennial evaluation shall be completed by the first day of April of the applicable school year, and the teacher shall receive a written report of the results of the evaluation by the tenth day of April of that school year.

(D) Each evaluation conducted pursuant to this section shall be conducted by one or more of the following:

(1) A person who is under contract with the board pursuant to section 3319.01 or 3319.02 of the Revised Code and holds a license designated for being a superintendent, assistant superintendent, or principal issued under section 3319.22 of the Revised Code;

(2) A person who is under contract with the board pursuant to section 3319.02 of the Revised Code and holds a license designated for being a vocational director or a supervisor in any educational area issued under section 3319.22 of the Revised Code;

(3) A person designated to conduct evaluations under an agreement providing for peer review entered into by the board and representatives of teachers employed by the board.

(E) The board shall include in its evaluation policy procedures for using the evaluation results for retention and promotion decisions and for removal of poorly performing teachers. Seniority shall not be the basis for a decision to retain a teacher, except when making a decision between teachers who have comparable evaluations.

(F) This section does not apply to superintendents and administrators subject to evaluation procedures under sections 3319.01 and 3319.02 of the Revised Code or to any teacher employed as a substitute for less than one hundred twenty days during a school year pursuant to section 3319.10 of the Revised Code.

Amended by 129th General Assembly File No. 28, HB 153, § 101.01, eff. 9/29/2011.

Effective Date: 06-09-2004

This section is set out twice. See also § 3319.111, as amended by 129th General Assembly File No. 10, SB 5, § 1, subject to referendum.

3319.111 [Second of two versions] Teacher evaluation

[Amendments by 129th General Assembly File No. 28, HB 153 Not reflected in this section; see prior version]

(A) Not later than July 1, 2013, the board of education of each school district, in consultation with teachers employed by the board, shall adopt a policy for the evaluation of teachers that complies with this section. The policy shall utilize the framework for evaluation of teachers adopted under division (C) of section 3319.112 of the Revised Code and shall specify the relative weight of each factor described in divisions (A)(1) to (3) of that section in the overall evaluation and how each of those factors will be assessed. The policy may require evaluations to include consideration of additional aspects of teacher performance designated by the board. The policy shall establish a teacher evaluation system that does the following:

(1) Is evidence-based and uses multiple measures of a teacher’s use of knowledge and skills and of students’ academic progress;

(2) Is aligned with the standards for teachers adopted under section 3319.61 of the Revised Code;

(3) Provides statements of expectation for professional performance and establishes specific criteria of expected job performance in the areas of responsibility assigned to the teacher;

(4) Requires observation of the teacher being evaluated by the person conducting the evaluation on at least two occasions for not less than thirty minutes on each occasion;

(5) Requires that each teacher be provided with a written report of the results of the teacher’s evaluation that includes specific recommendations for any improvements needed in the teacher’s performance, suggestions for professional development that will enhance future performance in areas that do not meet expected performance levels, and information on how to obtain assistance in making needed improvements.

(B)(1) The board shall conduct an evaluation of each teacher employed by the board at least once each school year, unless division (B)(2) of this section applies. The evaluation shall be completed by the first day of April and the teacher shall receive a written report of the results of the evaluation by the tenth day of April.

(2) If the board has entered into a limited contract or extended limited contract with the teacher pursuant to section 3319.11 of the Revised Code, the board shall evaluate the teacher at least twice in any school year in which the board may wish to declare its intention not to re-employ the teacher pursuant to division (B), (C)(3), (D), or (E) of that section.

One evaluation shall be conducted and completed not later than the fifteenth day of January and the teacher being evaluated shall receive a written report of the results of this evaluation not later than the twenty-fifth day of January. One evaluation shall be conducted and completed between the tenth day of February and the first day of April and the teacher being evaluated shall receive a written report of the results of this evaluation not later than the tenth day of April.

(C) Each evaluation conducted pursuant to this section shall be conducted by one or more of the following:

(1) A person who is under contract with the board pursuant to section 3319.01 or 3319.02 of the Revised Code and holds a license designated for being a superintendent, assistant superintendent, or principal issued under section 3319.22 of the Revised Code;

(2) A person who is under contract with the board pursuant to section 3319.02 of the Revised Code and holds a license designated for being a vocational director or a supervisor in any educational area issued under section 3319.22 of the Revised Code;

(3) A person designated to conduct evaluations under an agreement providing for peer review entered into by the board and representatives of teachers employed by the board.

(D) The board shall use the evaluations conducted under this section to inform decisions about compensation, nonrenewal of employment contracts, termination, reductions in force, and professional development.

(E) The board, its members, and any person conducting an evaluation on behalf of the board in good faith and in accordance with this section shall be immune from any civil liability that otherwise might be incurred or imposed for injury, death, or loss to person or property as a result of conducting the evaluation.

(F) Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the requirements of this section prevail over any conflicting provisions of a collective bargaining agreement entered into on or after the effective date of this section.

(G) This section does not apply to superintendents and administrators subject to evaluation procedures under sections 3319.01 and 3319.02 of the Revised Code or to any teacher employed as a substitute for less than one hundred twenty days during a school year pursuant to section 3319.10 of the Revised Code.

Amended by 129th General Assembly File No. 10, SB 5, § 1. This amendment is subject to referendum in the Nov. 8, 2011 election.

Effective Date: 06-09-2004

The amendment to this section by 129th General Assembly File No. 10, SB 5, § 1 has been made subject to referendum in the upcoming November, 2011 election.

This section is set out twice.