Common use of Personnel Action Requirements Clause in Contracts

Personnel Action Requirements. The Board and TLTA acknowledge the requirements that pursuant to Ohio Revised Code Sections 3319.111, 3319.112 and 3319.58 when read together seem to require a rolling three-year set of evaluations consisting of both a student growth measure and a teacher performance assessment component. The Board and TLTA also acknowledge that since the requirement only began for the 2013-14 school year, a rolling three-year set of evaluations consisting of both a student growth measure and a teacher performance assessment component will not be available until the 2016-17 school year. Since Ohio Revised Code Section 3319.111 (F) states, “[t]he 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,” the parties believe there is the ability to negotiate the procedure for the use of student growth measures and teacher performance assessment components during the three-year implementation stage. Accordingly, the Board and TLTA establish as the procedure until the 2016-17 school year: Using student growth measures (SGM) in the evaluation procedure contained in this agreement shall not be used in any decision concerning the retention, promotion, OR removal of any bargaining unit member until three years of SGM data have been collected and three evaluation cycles have been completed. Until that time, the Board will use the teacher performance rating section of the evaluation instrument to make all retention, promotion, OR removal decisions concerning a bargaining unit member. Value-added and other student growth measure data derived from assessments taken in one school year shall be combined with performance ratings that are assigned in the next school year to achieve a summative evaluation rating to be issued to the Ohio Department of Education. The TLTA on behalf of its members waives the right to utilize the provisions of Ohio Revised Code Section 3319.58 (F), and any other provisions of the law, or this labor contract, which are contrary to this section. Both parties agree that should the Ohio Department of Education adopt a position contrary to the adoption of the procedure herein, then the procedure will be amended to be consistent with the decision of the Department of Education.