Teacher Evaluation

Chapter 400

Article 401

Teacher Evaluation

401.01

A. The following number of evaluations shall be conducted

by the building administrators based upon

continuous experience in the Columbus City

Schools:*

1st and 2nd years . . . .2 evaluations

3rd year . . . . . . . . . . . .1 or 2 evaluations at

. . . . . . . . . . . . . . . . . . . .administrator’s option

4th and 5th years . . . .1 evaluation

Subsequent years . . . .1 evaluation every second

. . . . . . . . . . . . . . . . . . . .year, commencing with the

. . . . . . . . . . . . . . . . . . . .seventh year

*“Continuous experience” shall not include the consideration

of a school year during which there was a

leave of absence in excess of sixty-one (61) days.

B. The second regular evaluation required in this section

shall not be required as long as Peer Assistance and

Review is in operation.

401.02 The following directives outlined in paragraphs (A),

(B) and (C) below shall serve as guidelines to the joint

committee on evaluation as described in Paragraph (D)

below:

A. Evaluations provided for in Section 401.01 of this

article shall be for the major purpose of assisting the

teacher toward improved instruction. “Goals for

Improvement,” “Professional Growth Activities,” and

“General Statements” sections must be completed by

the professional and the evaluator if one or more of

the ratings of unsuccessful are recorded.

B. If the evaluator recommends performance improvements(

s) for a teacher or professional development

consistent with the school’s All School Improvement

Plan (ASIP), the teacher must utilize professional

development at the teacher’s next opportunity or

otherwise within a specified time period.

C. If a teacher is identified by the District as needing to

make progress towards becoming a Highly Qualified

Teacher (HQT), the teacher must, as a priority, utilize

and complete professional development towards

attainment of HQT status.

D. The parties shall review the evaluation process and

forms and create any new replacement procedures and

forms under the Agreement between the Superin-tendent

and the President of the Association from April

2009.

 

401.03 Special Evaluation

A. When the Board or any of its administrative agents

deem that a teacher’s performance may be seriously

unsatisfactory and it is their intention to recommend

involuntary transfer, non-renewal of contract, or termination

of contract or investigate further with the

possibility of making any of the aforementioned recommendations,

the building administrator shall notify

such teacher of his/her intent in writing on a form

mutually agreeable to the Board and the Association.

Such notification shall set forth the specific areas of

alleged unsatisfactory performance. Following such

notification, the administrator shall evaluate the

teacher’s performance, observing all stipulations of

this article except Section 401.01. The administrator

will observe the teacher at least twice. Each observation

will be for at least thirty (30) minutes. A conference

shall be held between the administrator and the

teacher to discuss the teacher’s performance prior to

any final action by the administrator. The teacher

may be accompanied or represented by an Association

representative at such conference and shall have three

(3) days prior notification of the conference. In such

conference, the principal may be accompanied by a

Board representative if the teacher is accompanied in

such conference. Final administrative action in regard

to the alleged unsatisfactory performance shall not

conflict with any provision of this Agreement.

B. Unusual Condition—Written evaluations provided in

Section 401.01 above, except the second evaluation

for first and second year teachers, shall be performed

before any special evaluation as required by this

Agreement, except when conditions threaten the

physical or emotional well-being of pupils or when

conditions result in a significant disruption of, or

threat to, the educational program or the well-being

of the school. When such an unusual condition

exists: (1) the classroom observations provided in

Sections 401.03(A) and 401.04 shall not be required

if such observations would not substantively contribute

to an evaluation of such unusual condition;

(2) the Notice of Special Evaluation issued as a part of

the special evaluation process shall be accompanied

by a written statement identifying the unusual condition,

and if applicable, indicating the reason(s) classroom

observations would not substantively contribute

to an evaluation of such condition.

 

401.04 Classroom observations of the work performance of

a teacher for the purpose of a formal written evaluation

shall be conducted openly with the observer visible to

the teacher. A minimum of one (1) and a maximum of

three (3) such observations shall be accomplished

through prior arrangement with the teacher. In addition,

a maximum of three (3) such observations may be

accomplished at the convenience of the building administrator

provided the number of such observations does

not exceed the number of observations accomplished

through prior arrangement. At least one (1) such classroom

observation shall be for a minimum of fifteen (15)

minutes in duration.

 

401.05 A pre-evaluation conference may be requested by

either the teacher or evaluator and shall occur if

requested by either party. If held, the primary purpose of

the conference shall be to discuss procedural matters

related to the evaluation process and questions related to

that process. The conference may provide the teacher

and the evaluator an opportunity to discuss their

philosophies as educators, and to give the teacher and the

evaluator an opportunity to discuss their short- and

long-term goals. No written requirements may be

attached to this conference, but either party may summarize

the conference in writing and may provide a copy of

such summary to the other party. Failure to request a

pre-evaluation conference does not constitute a procedural

violation of the evaluation process.

 

401.06 A teacher shall be given a copy of any written evaluation

or report on an observation. No evaluation or

report on an observation will be placed in the teacher’s

permanent file or otherwise acted upon without a prior

conference with the teacher.

 

401.07 All evaluations or reports on an observation must be

dated and signed by the teacher. Such signature shall not

necessarily indicate agreement with the evaluation.

 

401.08 Teachers shall be permitted to affix comments to

any evaluation or report on an observation prior to

placement of the evaluation or report in the teacher’s

permanent file.

 

401.09 The factors to be used in evaluations conducted by

the building administrators shall be jointly developed by

the Association and the Board.

 

401.10 The factors, forms and procedures used in all evaluations

of teachers shall be mutually developed and agreed

to by the Board and the Association. The parties recognize

that standardized test scores, by themselves, are not

a sound basis for evaluating a teacher’s performance.

 

401.11 A teacher shall not be represented or accompanied

by a representative of any other employee organization at

any conference required in Section 401.03(A) of this

article.

 

401.12 No member of the bargaining unit shall have

his/her limited contract non-renewed without accomplishment

of a special evaluation and without accomplishment

of such regular evaluations as are required by

this article, provided that nothing in this Agreement

shall require accomplishment of such evaluations in

order (1) to non-renew limited contracts or to suspend

limited contracts and/or continuing contracts, in accordance

with Article 704 entitled “Reductions in

Personnel;” (2) to terminate a limited contract or continuing

contract, in accordance with the Ohio Revised

Code; (3) to non-renew a limited contract teacher providing

service under a temporary certificate unless such

teacher possesses a regular certificate in another teaching

area and has previously provided service under such regular

certificate in the Columbus City Schools; (4) to nonrenew

a limited contract teacher advised prior to employment

that such non-renewal may occur due to the special

nature of the specific assignment for which such teacher

is being employed.

 

401.13 No member of the bargaining unit shall be denied a

positive recommendation by the administrator of

Human Resources, to the Ohio Department of

Education for the renewal or upgrading of a teaching certificate

as a result of an evaluation rating given on an

evaluation conducted within the provisions of Article

401.01.

 

401.14

A. The evaluation and any related actions involving

teachers during the period of assignment to the Peer

Assistance and Review Program (PAR Program) shall

be in accordance with the procedures established by

the PAR Program Panel rather than in accordance

with the provisions contained in this Article 401.

Such related actions shall include action by the Board

based on recommendations by the PAR Program

Panel regarding intern teachers and action by the

Board based on reports by the PAR Program Panel

regarding teachers who have been previously assigned

to the PAR Program for intervention.

B. The provisions of this Article 401 shall apply to

teachers assigned to the PAR Program only in the

event of administrative action which is not in accordance

with the PAR Program Panel procedures. Such

administrative action shall only be initiated where the

basis for such action is primarily related to concerns

other than classroom teaching performance.

C. Any teacher may request to be assigned to the PAR

Program by submitting a written request to the

Association President. If the teacher requesting

assignment to the PAR Program has been given a

Notice of Special Evaluation and has more than five

(5) years of continuous Columbus teaching experience,

such teacher shall be accepted into the intervention

phase of the PAR Program. The final determination

of whether to admit a teacher with five (5) or

less years of continuous Columbus teaching experience

to the PAR Program will be made by the PAR

Panel.

D. Teachers who have all successful ratings on their most

recent evaluation form shall not be recommended for

PAR Intervention by an administrative-initiated

referral unless the following has been provided:

1. A serious concern(s) has been identified by the

principal or evaluating supervisor and a conference

has been held with the affected teacher where the

serious concern(s) is identified and discussed with

said teacher.

2. The principal or evaluating supervisor has provided

suggestions and/or assistance to the affected

teacher to correct the serious concern(s).

3. If the serious concern(s) has not been resolved, a

follow-up conference has been held with the

affected teacher to so inform said teacher and, if it

is the intention of the principal or evaluating

supervisor to recommend the teacher for PAR

Intervention, to so inform the teacher during this

conference.

4. A teacher shall not be represented or accompanied

by a representative of any employee organization in

any conferences required in 401.14(D) above.

 

401.15 In the event a teacher performs work under the

supervision of more than one (1) supervisor, one (1)

supervisor shall be designated as the evaluating supervisor.

 

401.16 Teachers eligible for continuing service status shall

be those teachers qualified as to certification/license,

who within the last five years have taught for at least

three years in the District, and those teachers who, having

attained continuing contract status elsewhere, have

served two years in the District, but the Board upon the

recommendation of the Superintendent, may at the time

of employment or at any time within such two-year

period, declare any of the latter teachers eligible. Continuing

contracts shall be granted only to a teacher with the

following certification or licensure status:

A. Any teacher holding a professional, permanent or life

teaching certificate;

B. Any teacher holding a professional educator license

who has completed the applicable one of the following:

1. If the teacher did not hold a master’s degree at the

time of initially receiving a teaching certificate

under former law or an educator license, thirty

(30) semester hours of coursework in the area of

licensure or in an area related to the teaching field

since the initial issuance of such certificate or

license, as specified in rules which the state board

of education shall adopt;

2. If the teacher held a master’s degree at the time of

initially receiving a teacher’s certificate under former

law or an educator license, six (6) semester

hours of graduate coursework in the area of licensure

or in an area related to the teaching field since

the initial issuance of such certificate or license, as

specified in rules which the state board of education

shall adopt.

C. Upon the recommendation of the Superintendent

that a teacher eligible for continuing service status be

reemployed, a continuing contract shall be entered

into between the Board and such teacher unless the

Board by a three-fourths (3/4) vote of its full membership

rejects the recommendation of the

Superintendent. The Superintendent may recommend

reemployment of such teacher, if continuing service

status has not previously been attained elsewhere,

under a limited contract for not to exceed two years,

provided that written notice of the intention to make

such recommendation has been given to the teacher

with reasons directed at the professional improvement

of the teacher on or before April 30, and provided

that written notice from the Board of its action on the

Superintendent’s recommendation has been given to

the teacher on or before April 30, but upon subsequent

reemployment only a continuing contract may

be entered into. If the Board does not give such

teacher written notice of its action on the

Superintendent’s recommendation of a limited contract

for not to exceed two years before April 30, such

teacher is deemed reemployed under a continuing

contract at the same salary plus any increment provided

by the salary schedule. Such teacher is presumed

to have accepted employment under such continuing

contract unless the teacher notifies the Board in writing

to the contrary on or before June 1, and a continuing

contract shall be executed accordingly.

D. A teacher eligible for continuing contract status

employed under an additional limited contract for not

to exceed two years pursuant to written notice from

the Superintendent of the Superintendent’s intention

to make such recommendation is, at the expiration of

such limited contract, deemed reemployed under a

continuing contract at the same salary plus any increment

granted by the salary schedule, unless the Board,

acting on the Superintendent’s recommendation as to

whether or not the teacher should be reemployed,

gives such teacher written notice of its intention not

to reemploy the teacher on or before April 30. Such

teacher is presumed to have accepted employment

under such continuing contract unless the teacher

notifies the Board in writing to the contrary on or

before June 1, and a continuing contract shall be executed

accordingly.

E. A limited contract may be entered into by the Board

with each teacher who has not been in the employ of

the Board for at least three years and shall be entered

into, regardless of length of previous employment,

with each teacher employed by the Board who holds a

provisional or temporary certificate/license.

F. Any teacher employed under a limited contract, and

not eligible to be considered for a continuing contract

is, at the expiration of such limited contract, deemed

reemployed under the provisions of this section at the

same salary plus any increment provided by the salary

schedule unless the Board, acting on the Superintendent’s

recommendation as to whether or not the

teacher should be reemployed, gives such teacher written

notice of its intention not to reemploy the teacher

on or before April 30. Such teacher is presumed to

have accepted such employment unless the teacher

notifies the Board in writing to the contrary on or

before June 1, and a written contract for the succeeding

school year shall be executed accordingly. The failure

of the parties to execute a written contract shall

not void the automatic reemployment of such teacher.

The failure of the Superintendent to make a recommendation

to the Board under any of the conditions set forth

in this section, or the failure of the Board to give such

teacher a written notice pursuant to this section shall not

prejudice or prevent a teacher from being deemed reemployed

under either a limited or continuing contract as

the case may be under the provisions of this section.

 

401.17 Supercession/Applicability of 117th Ohio

General Assembly Am. Sub. H.B. No. 330

A. Subject to Section 401.17(B) of this article, because

of the terms of this and other articles of this Agreement,

all provisions of 117th Ohio General Assembly

Am. Sub. H.B. No. 330, and any subsequent law

amending those provisions, shall be superseded by

this Agreement and inapplicable to members of the

bargaining unit.

B. Notwithstanding Section 401.17(A), and subject to

Section 401.17(C), of this article, from the time that

any cancellation of the PAR Program by the Board

becomes effective (1) Am. Sub. H.B. No. 330 and any

subsequent law amending the provisions of same shall

be fully applicable to the Board except as manifestly

inconsistent with this Agreement, and (2) Sections

401.01, 401.02, 401.03, 401.04, 401.05, 401.06,

401.12, 401.14, and 401.16 of this article and

Sections 404.04 and 404.05 of Article 404 shall be

negated and inoperative.

C. In the event that Section 401.17(B) of this article

becomes operative, then, notwithstanding Sections

3319.11(B)(3), 3319.11(C), 3319.11(D),

3319.11(E), 3319.11(G), and 3319.111 of the Ohio

Revised Code as enacted by Am. Sub. H.B. No. 330,

or any subsequent amendment thereto, the limited or

extended limited contract of a teacher may be nonrenewed

by the Board without evaluations, hearing, or

written Board decision or order thereafter if the written

statement describing the circumstances that led to

the intention of the Board not to reemploy the

teacher provided to the teacher pursuant to Ohio

Revised Code Section 3319.11(G)(2) or otherwise

recites as a basis for non-renewal (1) a reason for a

reduction in personnel or the non-renewal of a limited

contract set forth in Article 704 of this Agreement,

(2) that the teacher’s current contract entails

service being provided under a temporary certificate

without the teacher’s possessing a regular certificate

in another teaching area under which the teacher has

previously provided service in the Columbus City

Schools or (3) that the teacher has been advised prior

to employment that such non-renewal may occur due

to the special nature of the specific assignment for

which such teacher was employed.

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