Bill Text: OH SB229 | 2013-2014 | 130th General Assembly | Engrossed

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Bill Title: Regarding teacher performance evaluations.

Spectrum: Slight Partisan Bill (Republican 19-9)

Status: (Engrossed - Dead) 2013-12-04 - Passed 3rd Consideration House [SB229 Detail]

Download: Ohio-2013-SB229-Engrossed.html

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As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 229

Senator Gardner 

Cosponsors: Senators Manning, Lehner, Hite, Schiavoni, Turner, Coley, Balderson, Sawyer, Bacon, Beagle, Brown, Burke, Eklund, Gentile, Hughes, Kearney, LaRose, Obhof, Oelslager, Patton, Peterson, Seitz, Skindell, Smith, Tavares, Uecker, Widener 

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A BILL

To amend sections 3319.111 and 3319.112 of the

1

Revised Code regarding teacher performance

2

evaluations.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3319.111 and 3319.112 of the Revised	4
Code be amended to read as follows:	5

Sec. 3319.111. Notwithstanding section 3319.09 of the Revised	6
Code, this section applies to any person who is employed under a	7
teacher license issued under this chapter, or under a professional	8
or permanent teacher's certificate issued under former section	9
3319.222 of the Revised Code, and who spends at least fifty per	10
cent of the time employed providing student instruction. However,	11
this section does not apply to any person who is employed as a	12
substitute teacher or as an instructor of adult education.	13

(A) Not later than July 1, 2013, the board of education of	14
each school district, in consultation with teachers employed by	15
the board, shall adopt a standards-based teacher evaluation policy	16
that conforms with the framework for evaluation of teachers	17
developed under section 3319.112 of the Revised Code. The policy	18
shall become operative at the expiration of any collective	19
bargaining agreement covering teachers employed by the board that	20
is in effect on September 29, 2011, and shall be included in any	21
renewal or extension of such an agreement.	22

(B) When using measures of student academic growth as a	23
component of a teacher's evaluation, those measures shall include	24
the value-added progress dimension prescribed by section 3302.021	25
of the Revised Code or an alternative student academic progress	26
measure if adopted under division (C)(1)(e) of section 3302.03 of	27
the Revised Code. For teachers of grade levels and subjects for	28
which the value-added progress dimension or alternative student	29
academic progress measure is not applicable, the board shall	30
administer assessments on the list developed under division (B)(2)	31
of section 3319.112 of the Revised Code.	32

(C)(1) The board shall conduct an evaluation of each teacher	33
employed by the board at least once each school year, except as	34
provided in division (C)(2) of this section. The evaluation shall	35
be completed by the first day of May and the teacher shall receive	36
a written report of the results of the evaluation by the tenth day	37
of May.	38

(2)(a) The board may elect, by adoption of a resolution, to	39
evaluate each teacher who received a rating of accomplished on the	40
teacher's most recent evaluation conducted under this section once	41
every twothree school years. In that case, the biennial	42
evaluation	43

(b) The board may evaluate each teacher who received a rating	44
of skilled on the teacher's most recent evaluation conducted under	45
this section once every two years.	46

(c) For each teacher who is evaluated pursuant to division	47
(C)(2) of this section, the evaluation shall be completed by the	48
first day of May of the applicable school year, and the teacher	49
shall receive a written report of the results of the evaluation by	50
the tenth day of May of that school year.	51

(3) In any year that a teacher is not formally evaluated	52
pursuant to division (C) of this section as a result of receiving	53
a rating of accomplished or skilled on the teacher's most recent	54
evaluation, an individual qualified to evaluate a teacher under	55
division (D) of this section shall conduct at least one	56
observation of the teacher and hold at least one conference with	57
the teacher. The board also may require student surveys, teacher	58
self-evaluations, or any other method of review it determines	59
necessary to ensure the continued success of an accomplished or	60
skilled teacher.	61

(4) The board may require a teacher who received a rating of	62
ineffective on the teacher's most recent evaluation to prepare and	63
implement an improvement plan for use during the next school year.	64

(5) The board may elect, by adoption of a resolution, to	65
evaluate its teachers on a more frequent basis than as required by	66
division (C) of this section.	67

(D) Each evaluation conducted pursuant to this section shall	68
be conducted by one or more of the following persons who hold a	69
credential established by the department of education for being an	70
evaluator:	71

(1) A person who is under contract with the board pursuant to	72
section 3319.01 or 3319.02 of the Revised Code and holds a license	73
designated for being a superintendent, assistant superintendent,	74
or principal issued under section 3319.22 of the Revised Code;	75

(2) A person who is under contract with the board pursuant to	76
section 3319.02 of the Revised Code and holds a license designated	77
for being a vocational director, administrative specialist, or	78
supervisor in any educational area issued under section 3319.22 of	79
the Revised Code;	80

(3) A person designated to conduct evaluations under an	81
agreement entered into by the board, including an agreement	82
providing for peer review entered into by the board and	83
representatives of teachers employed by the board;	84

(4) A person who is employed by an entity contracted by the	85
board to conduct evaluations and who holds a license designated	86
for being a superintendent, assistant superintendent, principal,	87
vocational director, administrative specialist, or supervisor in	88
any educational area issued under section 3319.22 of the Revised	89
Code or is qualified to conduct evaluations.	90

(E) Notwithstanding division (A)(3) of section 3319.112 of	91
the Revised Code:	92

(1) The board shall require at least three formal	93
observations of each teacher who is under consideration for	94
nonrenewal and with whom the board has entered into a limited	95
contract or an extended limited contract under section 3319.11 of	96
the Revised Code.	97

(2) The board may elect, by adoption of a resolution, to	98
require only one formal observation of a teacher who received a	99
rating of accomplished on the teacher's most recent evaluation	100
conducted under this section, provided the teacher completes a	101
project that has been approved by the board to demonstrate the	102
teacher's continued growth and practice at the accomplished level.	103

(F) The board shall include in its evaluation policy	104
procedures for using the evaluation results for retention and	105
promotion decisions and for removal of poorly performing teachers.	106
Seniority shall not be the basis for a decision to retain a	107
teacher, except when making a decision between teachers who have	108
comparable evaluations.	109

(G) For purposes of section 3333.0411 of the Revised Code,	110
the board annually shall report to the department of education the	111
number of teachers for whom an evaluation was conducted under this	112
section and the number of teachers assigned each rating prescribed	113
under division (B)(1) of section 3319.112 of the Revised Code,	114
aggregated by the teacher preparation programs from which and the	115
years in which the teachers graduated. The department shall	116
establish guidelines for reporting the information required by	117
this division. The guidelines shall not permit or require that the	118
name of, or any other personally identifiable information about,	119
any teacher be reported under this division.	120

(H) Notwithstanding any provision to the contrary in Chapter	121
4117. of the Revised Code, the requirements of this section	122
prevail over any conflicting provisions of a collective bargaining	123
agreement entered into on or after September 24, 2012.	124

Sec. 3319.112.  (A) Not later than December 31, 2011, the	125
state board of education shall develop a standards-based state	126
framework for the evaluation of teachers. The state board may	127
update the framework periodically by adoption of a resolution. The	128
framework shall establish an evaluation system that does the	129
following:	130

(1) Provides for multiple evaluation factors. One

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(a) One factor shall be student academic growth which shall	132
account for fiftythirty-five per cent of each evaluation. A	133
school district may attribute an additional percentage to the	134
academic growth factor, not to exceed fifteen per cent of each	135
evaluation. However, a school district may instead attribute that	136
additional percentage to any of the factors set forth in division	137
(A)(1)(b) of this section. When applicable to the grade level or	138
subject area taught by a teacher, the value-added progress	139
dimension established under section 3302.021 of the Revised Code	140
or an alternative student academic progress measure if adopted	141
under division (C)(1)(e) of section 3302.03 of the Revised Code	142
shall be used in the student academic growth portion of an	143
evaluation in proportion to the part of a teacher's schedule of	144
courses or subjects for which the value-added progress dimension	145
is applicable.	146

If a teacher's schedule is comprised only of courses or	147
subjects for which the value-added progress dimension is	148
applicable, one of the following applies:	149

(a)(i) Beginning with March 22, 2013, until June 30, 2014,	150
the majority of the student academic growth factor of the	151
evaluation shall be based on the value-added progress dimension.	152

(b)(ii) On or after July 1, 2014, the entire student academic	153
growth factor of the evaluation shall be based on the value-added	154
progress dimension. In calculating student academic growth for an	155
evaluation, a student shall not be included if the student has	156
forty-five or more excused or unexcused absences during the full	157
academic year.	158

(b) The remainder of each evaluation may include a	159
combination of the following factors:	160

(i) Formal observations and reviews as required by division	161
(A)(3) of this section;	162

(ii) Student surveys;

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(iii) Any other factors the board determines necessary and	164
appropriate.	165

(2) Is aligned with the standards for teachers adopted under	166
section 3319.61 of the Revised Code;	167

(3) Requires observation of the teacher being evaluated,	168
including at least two formal observations by the evaluator of at	169
least thirty minutes each and classroom walkthroughs;	170

(4) Assigns a rating on each evaluation in accordance with	171
division (B) of this section;	172

(5) Requires each teacher to be provided with a written	173
report of the results of the teacher's evaluation;	174

(6) Identifies measures of student academic growth for grade	175
levels and subjects for which the value-added progress dimension	176
prescribed by section 3302.021 of the Revised Code or an	177
alternative student academic progress measure if adopted under	178
division (C)(1)(e) of section 3302.03 of the Revised Code does not	179
apply;	180

(7) Implements a classroom-level, value-added program	181
developed by a nonprofit organization described in division (B) of	182
section 3302.021 of the Revised Code or an alternative student	183
academic progress measure if adopted under division (C)(1)(e) of	184
section 3302.03 of the Revised Code;	185

(8) Provides for professional development to accelerate and	186
continue teacher growth and provide support to poorly performing	187
teachers;	188

(9) Provides for the allocation of financial resources to	189
support professional development.	190

(B) For purposes of the framework developed under this	191
section, the state board also shall do the following:	192

(1) Develop specific standards and criteria that distinguish	193
between the following levels of performance for teachers and	194
principals for the purpose of assigning ratings on the evaluations	195
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111	196
of the Revised Code:	197

(a) Accomplished;

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(b) Skilled;

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(c) Developing;

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(d) Ineffective.

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(2) For grade levels and subjects for which the assessments	202
prescribed under sections 3301.0710 and 3301.0712 of the Revised	203
Code and the value-added progress dimension prescribed by section	204
3302.021 of the Revised Code, or alternative student academic	205
progress measure, do not apply, develop a list of student	206
assessments that measure mastery of the course content for the	207
appropriate grade level, which may include nationally normed	208
standardized assessments, industry certification examinations, or	209
end-of-course examinations.	210

(C) The state board shall consult with experts, teachers and	211
principals employed in public schools, and representatives of	212
stakeholder groups in developing the standards and criteria	213
required by division (B)(1) of this section.	214

(D) To assist school districts in developing evaluation	215
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of	216
the Revised Code, the department shall do both of the following:	217

(1) Serve as a clearinghouse of promising evaluation	218
procedures and evaluation models that districts may use;	219

(2) Provide technical assistance to districts in creating	220
evaluation policies.	221

(E) Not later than June 30, 2013, the state board, in	222
consultation with state agencies that employ teachers, shall	223
develop a standards-based framework for the evaluation of teachers	224
employed by those agencies. Each state agency that employs	225
teachers shall adopt a standards-based teacher evaluation policy	226
that conforms with the framework developed under this division.	227
The policy shall become operative at the expiration of any	228
collective bargaining agreement covering teachers employed by the	229
agency that is in effect on September 24, 2012, and shall be	230
included in any renewal or extension of such an agreement.	231
However, this division does not apply to any person who is	232
employed as a substitute teacher or as an instructor of adult	233
education.	234

Section 2. That existing sections 3319.111 and 3319.112 of	235
the Revised Code are hereby repealed.	236

Section 3. Sections 1 and 2 of this act take effect on July	237
1, 2014.	238