THE IMMORTAL WORDS OF DONALD TRUMP Nonrenewals in the era of OTES. - - PowerPoint PPT Presentation

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THE IMMORTAL WORDS OF DONALD TRUMP

Nonrenewals in the era of OTES. Are you ready?

March 5, 2014

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Daniel A. Jaffe Of Counsel, Squire Sanders T +1 216 479 8304 daniel.jaffe@squiresanders.com

Today’s Presenter

Linda M. Gorczynski Associate, Squire Sanders T +1 216 479 8613 linda.gorczynski@squiresanders.com

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Nonrenewal Statute 3319.11

• New notice deadline is June 1
• New deemed-accepted deadline is June

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• Deadlines are not negotiable and

supersede post-3/22/13 CBAs

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• Basic Requirements have not changed:
• Three types of contracts:

– Limited – Extended limited – Continuing

• Confusing procedure for granting extended

limited contracts

• Eligibility requirements for continuing

contracts 3 years/2 years having attained continuing contract status elsewhere

Nonrenewal Statute 3319.11

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Nonrenewal Statute 3319.11

• Right to a “written statement describing

the circumstances that lead to the board’s intention not to reemploy the teacher”

• Right to a hearing before the board, with

a written decision

• Appeal to Court of Common Pleas
• Still overturned by court only for

“procedural violations or failure to comply with evaluation procedures”

• Still can supersede 3319.11 by CBA,

except deadlines

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What is different in the Era of OTES

• Nonrenewal under RC 3319.11 depends
• n the District having complied with RC

3319.111, the evaluation statute. RC 3319.111 is all new

• 3319.111 takes precedence over any

conflicting provisions in any post 9/24/2012 CBA

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Litigation Over Old 3319.11

• “Instant tenure” / “Fair dismissal”

provision enacted in 1988 HB 330. Eight years of clarifying Ohio Supreme Court litigation ensued over the evaluation provisions, including:

• Written report of the evaluation results

– Specific recommendations regarding any

improvements needed

– Means for obtaining assistance in making the

improvements

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What is Coming with OTES?

• Eliminated the troublesome

“recommendations for improvement” and “means for obtaining assistance”

• language. But new uncertainties will

accompany nonrenewals in the OTES era

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Who is Authorized to Conduct the Evaluation?

• Under 3319.111(D) evaluations must be

conducted by

• Superintendent/Assistant Superintendent
• School principal
• Licensed supervisor, administrative specialist
• r vocational director
• Persons designated by any agreement entered

into by the district (including CBA with peer review)

• Entities contracted by district (i.e. ESC),

assuming proper licensure

• Note: All evaluators must first be credentialed by

ODE

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Survey Question No. 1 Our ODE credentialed Principal is out with a really bad cold on a scheduled evaluation day. The uncredentialed Assistant Principal handles the observation

• n that day, but the Principal completes

the evaluation.

The resulting nonrenewal will be:

• Affirmed: “Evaluation” was done by Principal
• Affirmed: Credentials shouldn’t matter
• Overturned: Noncredentialed person did an observation
• Overturned: Assistant Principals handle student matters

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Survey Question No. 1 The resulting nonrenewal will be:

• Affirmed: “Evaluation” done by Principal
• Affirmed: Credentials shouldn’t matter
• Overturned: Noncredentialed evaluator
• Overturned: AP’s do student matters

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Observation Requirements and Deadlines

• For teachers on limited/extended limited

contracts under consideration for nonrenewal, three formal 30-minute

• bservations are required (3319.111(E)(1))
• For other teachers, the evaluation only

requires two formal 30-minute observations

• Teachers rated accomplished can, by board

resolution be evaluated every other year and with only one observation with a project

• The evaluation must be completed by May 1

with reports issued by May 10 (3319.111(C)(1))

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Survey Question No. 2 A limited contract teacher who, as of April 30, we had no intention to nonrenew, has a truly awful observation-she is combative with students, insults the principal, encourages illegal drugs.

Can we quickly set up a third formal observation on May 1 to satisfy the 3-observation rule?

• No. April 30 is the deadline
• No. All observations must be planned in advance under
• ur CBA
• No. The third observation is obviously contrived for

nonrenewal

• Yes. Do it quickly and complete the evaluation on May 1

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Survey Question No. 2 Can we quickly set up a third formal

• bservation on May 1 to satisfy the 3-
• bservation rule?
• No. April 30 is the deadline
• No. Obs must be announced by CBA
• No. 3rd obs is obviously contrived
• Yes. Do obs and eval on May 1

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Effectiveness Ratings (3319.112)

• Each evaluation will result in an

effectiveness rating of

• Accomplished
• Skilled
• Developing
• Ineffective
• Ratings are based on
• Teacher performance
• Student growth measures

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Survey Question No. 3 Judy Densch, an “accomplished” teacher on a limited contract was approved for one 30- minute observation (vs. two) and a Board- approved project demonstrating growth and practice at the accomplished level (3319.111(C)(2);(E)(2)). Unfortunately, her “project” involved conscripting students to throw snowballs at school busses.

Can we nonrenew her?

• No. You cannot nonrenew an accomplished teacher
• Yes. Why not?
• No. You need 3 observations
• 1 and 3

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Survey Question No. 3 Can we nonrenew her?

• No. Can’t nonrenew accomplished
• Yes. Why not?
• No. You need 3 observations
• 1 and 3

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Retention in Board Policy

• 3319.111(F) requires board policy to

include procedures for using the evaluation results in making retention and promotion decisions and removal of poorly-performing teachers

• With regard to removal of “poorly-

performing” teachers, ORC does not define poorly performing (except in the context of RC 3319.58)

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Survey Question No. 4 Can we nonrenew a teacher who is rated “developing” on his 3-observation evaluation?

• Why not?
• No
• Not if we are retaining an “ineffective” teacher
• Not if we are retaining another “developing”

teacher

• 3 and 4

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Survey Question No. 4 Can we nonrenew a teacher who is rated “developing” on his 3-observation evaluation?

• Why not?
• No
• Not if we keep “ineffective” teach
• Not if we keep another “developing”
• 3 and 4

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Survey Question No. 5 It is May 15. John Tasich, an 11th grade English teacher, rated “accomplished” on his 3-observation evaluation, says to his class: “We are not going to read In Cold Blood this year because Truman Capote was gay.”

Can we nonrenew John?

• Sure, we completed the evaluation
• No, would require termination for “just cause,” not

nonrenewal

• No, this is academic freedom

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Survey Question No. 5 Can we nonrenew John?

• Sure, we completed the evaluation
• No, requires “just cause” termination
• No, this is academic freedom

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Hearing Requirements

• There is no change in the nonrenewed

teacher’s right to a hearing before the board

• f education. The big question is what will be

the focus of that hearing

• Under old 3319.11, the focus was on whether

the teacher was given specific directions for improvement and the suggestions for attaining that improvement

• Under OTES, the focus of the hearing may

be on the evaluator’s rubric decisions, on the validity of the value added data or the

• verloaded schedule of the evaluating

administrator

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Survey Question No. 6 We are using the OTES rubrics for distinguishing ineffective, developing, skilled and accomplished teachers. There is plenty of room for opinion, and it is hard to assess a year’s worth of performance in a few

• bservations and walkthroughs.

Will we have to support the rubric decisions we make at the nonrenewal hearing?

• Yes. Count on it
• No. The law does not allow rehashing the evaluator’s
• pinions
• No. That would be just impossible
• What is a rubric?

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Survey Question No. 6 Will we have to support the rubric decisions we make at the nonrenewal hearing?

• Yes. Count on it
• No. No rehashing evaluator opinions
• No. That would be just impossible
• What is a rubric?

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Questions?

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Future Webinar in This Series

Wuz Op?

Ohio’s New Special Education Operating Standards. What you need to know today.

• Wednesday, April 2, 2014

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Thank you

Contact us with any questions or issues:

• Dan Jaffe: daniel.jaffe@squiresanders.com
• Linda Gorczynski: linda.gorczynski@squiresanders.com