PDQ February 2013
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The Ohio Principal Evaluation System • Updates to the Ohio Teacher Evaluation System • New changes to the third-grade reading guarantee • Seclusion and restraint update • Legislative changes • Social studies requirements • Changes to voting methods • Concussions in sports • Sample policies included with this issue
The Ohio Principal Evaluation System
by Megan Greulich, policy consultant
Many districts developing board policy to meet the legal requirements of the Ohio Principal Evaluation System (OPES). Watch for additional guidance from the Ohio Department of Education (ODE) to assist in developing policies on this topic. In the meantime, let’s review the requirements stemming from state law and ODE’s principal evaluation framework.
First, let’s review the OPES requirements set forth by state law. The legal requirements appear in Ohio Revised Code Section (RC) 3319.02(D). The provision requires that boards adopt procedures for evaluating principals and assistant principals. The evaluation procedures must be based on principles comparable to the teacher evaluation policy adopted by boards under RC 3319.111, but must be tailored to the duties and responsibilities of principals and assistant principals and the environment in which they work. The provision also requires the board to consider the results of these evaluations in deciding whether to renew the principal’s or assistant principal’s employment contract.
The evaluation is required to measure the individual’s effectiveness in performing the duties included in the job description. The evaluation procedures are required, at a minimum, to provide for at least an annual written evaluation conducted by the superintendent or designee and completion of the evaluation process in one of the following ways. First, in the year the employee’s contract is not due to expire, at least one evaluation must be completed and a written copy of the evaluation must be provided to the employee no later than the end of the employee’s contract year as defined by the employee’s annual salary notice. Second, in the year the employee’s contract is due to expire, at least a preliminary evaluation and a final evaluation must be completed, and a written copy of the preliminary evaluation must be provided to the employee at least 60 days prior to any board action on that employee’s employment contract. The final evaluation must indicate the superintendent’s intended recommendation to the board. A written copy of the evaluation must be provided to the employee at least five days prior to the boards' action to renew or nonrenew the contract.
Under these provisions, termination of a principal or assistant principal shall be pursuant to RC 3319.16. Suspension of any such employee shall be pursuant to RC 3319.17 or 3319.171. Before taking action to renew or nonrenew the contract, and prior to June 1 of the year in which the employee’s contract expires, the board is required to notify each such employee of the date that the contract expires and that the employee may request a meeting with the board. Upon such employee request, the board must grant the employee a meeting in executive session. During that meeting, the board must discuss its reasons for considering renewal or nonrenewal of the contract. The employee also must be permitted to have a representative (chosen by the employee) present at this meeting.
The provision also notes that establishing this evaluation procedure does not create an expectation of continued employment. Additionally, the language specifies that nothing in the provision shall prevent the board from making the final determination regarding the renewal or nonrenewal of the contract of any principal or assistant principal. However, if the board fails to provide evaluations pursuant to these provisions, or if the board fails to provide, at the request of the employee, the meeting described above, the employee is automatically re-employed at the same salary plus any increments that may be authorized by the board for one year. Principals or assistant principals who have been employed by the district or service center for three years or more are automatically re-employed at the same salary plus any increments that may be authorized by the board for two years.
Switching gears, let’s look at ODE’s OPES framework. The framework requires that OPES be a standards-based model designed to foster professional growth of principals in knowledge, skills and practice. It also provides that the final effectiveness rating will be based on a combination of 50% student growth measures and 50% evaluation of the principal’s proficiency on the standards. Proficiency on the standards must include professional goal setting, communication and professionalism, and skills and knowledge.
The framework also includes a chart that illustrates how the two 50% measures will be combined to reach a final evaluation rating of accomplished, proficient, developing or ineffective. It requires student academic growth to be measured through multiple measures, which must include value-added scores where available, and notes that local boards of education may administer assessments from ODE’s assessment list where value-added scores are not available. Local boards may also use local measures of student growth developed through the use of state-designed criteria and guidance.
The evaluations must consist of two formal observations of the principal of at least 30 minutes each, as well as periodic building walkthroughs. Each principal must be provided with a written report of the evaluation results. Student growth measures and the principal’s performance rating are combined to produce a summative evaluation rating, illustrated in a chart that matches the one included in the OTES framework. The framework also requires local boards to provide for the allocation of financial resources to support professional development.
Sample OPES language is available for download with this issue of Policy Development Quarterly (PDQ), and should be added to policy AFC-2, Evaluation of Professional Staff (Administrators Both Professional and Support) (Also GCN-2). This sample language provides districts with a starting point for developing a customized system to meet specific district needs. Districts should refer to ODE’s website for additional assistance in creating these evaluation procedures.
Updates to the Ohio Teacher Evaluation System
by Megan Greulich, policy consultant
House Bill (HB) 555 makes some changes to the Ohio Teacher Evaluation System (OTES). HB 555 is effective on March 22, so it’s important for districts to be aware of the changes that will need to be incorporated into OTES policies. Let’s take a look at those changes and what we know now about their effect on board policy.
First, HB 555 adds adult education instructors to those instructors who are excluded from the OTES requirements. Previously, only substitute teachers were explicitly excluded under Ohio Revised Code Section (RC) 3319.111. Sample language has been revised to include adult education instructors.
Next, HB 555 adds alternative student academic progress measures to the requirements for the value-added progress dimension. Now, the measure of student academic growth is required to include the value-added progress dimension or an alternative student academic progress measure if one is adopted under RC 3302.03(C)(1)(e). HB 555 also adjusts RC 3302.03 to address this potential alternative measure. Sample language has been revised to include this new alternative measure.
But that’s not the only change HB 555 makes to the required measures of student academic growth. Under the new language, when value-added data or the alternative student academic progress measure is available, it must be used for student growth measures in proportion to the part of the teacher’s schedule of courses or subjects for which the value-added progress dimension is applicable.
Additionally, from the effective date of the provision until June 30, 2014, if a teacher’s schedule is composed of only courses or subjects for which the value-added progress dimension is applicable, the majority of the student academic growth factor of the evaluation must be based on the value-added progress dimension. On or after July 1, 2014, the entire student academic growth factor of the evaluation is required to be based on the value-added progress dimension.
These changes will give districts less discretion in determining how to measure student academic growth for teachers falling under these requirements. It also may create an issue of reliability of student growth measures due to the volatility of value-added data. Sample language has been adjusted to include this new requirement.
Finally, HB 555 adds an exception for certain community schools to the requirements for testing of ineffective teachers in core subjects. The new language in RC 3319.58 exempts community schools primarily serving students enrolled in dropout prevention and recovery programs from the core subject area testing requirements that apply to other community and science, technology, engineering and math (STEM) schools. This language will not likely be addressed in board policy.
These changes have been addressed in the updated version of sample policy GCN-1, Evaluation of Professional Staff (Ohio Teacher Evaluation System) (Also AFC-1). Keep an eye out for more changes in future legislation and more guidance from the Ohio Department of Education dealing with how to address these changes and develop customized teacher evaluation policies and procedures. OSBA will keep you informed of any additional changes and continually update the sample language if the policy requirements change.
New changes to the third-grade reading guarantee
by Renee L. Fambro, deputy director of labor relations
In the August 2012 edition of PDQ, we discussed the significant changes that Senate Bill (SB) 316 made to the third-grade reading guarantee. Now, House Bill (HB) 555 makes additional changes to the third-grade reading guarantee, most notably in the requirements for teachers assigned to students who have been retained in the third grade or to students who have been assessed to have a substantial reading deficiency. There also is a new Ohio Department of Education (ODE) reporting requirement for districts and community schools that cannot furnish the needed number of teachers who meet the new criteria by the bill’s effective date. Lastly, HB 555 makes some minor terminology changes.
Teacher criteria under SB 316
SB 316 required that students who are retained in the third grade or with a reading improvement and monitoring plan be provided with a “high-performing teacher” as determined by the teacher’s student performance data and performance reviews. It further required that each student who enters the third grade after July 1, 2013, and who needs intervention services be assigned to a teacher who has received a passing score on a “rigorous test of principles of scientifically based reading instruction approved by the State Board of Education or has a reading endorsement on the teacher’s license.”
New teacher criteria under HB 555
Now, HB 555 provides different qualification options for teachers who are assigned to students who have been retained in the third grade or for students who must be provided with intervention services. These changes are found in Ohio Revised Code (RC) 3313.608.
Prior to July 1, 2014, each student who has entered the third grade for the first time on or after July 1, 2013, and who has a reading deficiency or who has been retained in the third grade shall be assigned a teacher who has been actively engaged in the reading instruction of students for the previous three years and who satisfies at least one of the following criteria:
- holds a reading endorsement on the teacher’s license and has attained a passing score on the corresponding assessment for that endorsement;
- has completed a master’s degree program with a major in reading;
- has demonstrated evidence of a credential earned from a list of scientifically research-based reading instruction programs approved by the department;
- was rated “above value added,” which means most effective in reading, as determined by ODE, for the last two school years.
These criteria will change in 2014. Effective July 1, 2014, students in kindergarten through grade three who were retained or who are on a reading improvement and monitoring plan must be assigned a teacher who has been actively engaged in the reading instruction of students for the previous three years and who satisfies at least one of the following criteria:
- Holds a reading endorsement on the teacher’s license and has attained a passing score on the corresponding assessment for that endorsement.
- Has completed a master’s degree program with a major in reading.
- Was rated “above value-added,” which means most effective for the last two school years.
- Has earned a passing score on a rigorous test of principles of scientifically research-based reading instruction. This test shall be selected through a competitive bidding process and approved by the State Board.
ODE reporting requirement
The law further requires school districts and community schools that cannot furnish the needed number of teachers to satisfy the above criteria by the bill’s effective date to develop and submit a plan to ODE indicating the criteria that will be used to determine those teachers in the district or community school who will teach and how the teacher criteria will be satisfied. The school district or community school may include the option to contract with another school district or private provider that has been screened and approved by ODE to provide intervention services. If the plan is not approved by ODE by Aug. 15, 2013, the school district or community school shall use a private contractor from an ODE-approved list or contract with another district to provide intervention services. ODE will determine the manner in which the plan will be submitted.
Policy implications
Policy IGBEA, Reading Skills Assessments and Intervention (Third-Grade Reading Guarantee), and its corresponding regulation, IGBEA-R, both have been updated to reflect these changes and are available for download with this edition of PDQ. IGBEA-R will be updated again in 2014 to reflect the teacher criteria change effective July 1, 2014.
Closely linked to policy IGBEA and the third-grade reading guarantee is policy IKE, Promotion and Retention of Students. SB 316 made changes to districts’ options for students who enter third grade after June 30, 2013, and who do not attain the minimum required score on the reading assessment. At that time, ODE provided guidance that this policy update was not required until the end of the 2012-13 school year. Accordingly, policy IKE, Promotion and Retention of Students, now has been updated to reflect these changes and is available for download with this edition of PDQ.
ODE guidance
ODE continues to update its guidance on the changes to the third-grade reading guarantee. The most recent guidance and FAQs from January 2013 can be found on ODE’s website at: http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEDetail.aspx?page=3&TopicRelationID=5&ContentID=129423. We recommend that districts with additional questions about implementation of the new provisions contact ODE directly for further guidance.
Seclusion and restraint update
by Megan Greulich, policy consultant
There’s been a lot of discussion lately about seclusion and restraint. A policy on the topic was approved at the State Board of Education’s January meeting. At the same meeting, the State Board approved a rule to begin the Joint Committee on Agency Rule Review (JCARR) process. Many boards are wondering what this means and what is currently required. Let’s consider both of these questions.
The Ohio Department of Education’s (ODE) stakeholder workgroup has been meeting since April to revise policy and rule language dealing with seclusion and restraint. The policy, which was adopted at the January State Board of Education meeting, will be effective beginning with the 2013-2014 school year. The rule will now begin moving through the JCARR process, and the State Board hopes to approve the final rule by March.
Local boards of education will be required to comply with the rule requirements after it's finalized. As soon as the rule is finalized, OSBA will provide sample policy and regulation language that complies with its requirements and make that language available to PDQ subscribers. Boards will need to customize the legally compliant sample language to meet individual district needs.
OSBA continues to work with ODE through the external stakeholder workgroup to help develop further guidance on this topic. If you have questions or concerns about seclusion and restraint, please contact the author of this article or Sara C. Clark, deputy director of legal services, at (614) 540-4000. We will keep you informed of the continuing developments on this issue and continue to share your concerns with the external workgroup.
by Kenna Haycox, policy consultant
The 129th General Assembly ended with the passage of several key pieces of legislation. Changes to concussion management for athletes, the Ohio Teacher Evaluation System and third-grade reading guarantee are addressed in this edition of PDQ.
OSBA policy services is updating policies impacted as a result of recent bills. We will update additional policies in future editions of PDQ. Some of the key legislative changes to familiarize yourself with include:
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House Bill 543 |
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House Bill 532 |
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House Bill 279 |
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House Bill 555 |
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The Ohio Department of Education (ODE) has been communicating several of the upcoming changes through its weekly updates. Additionally, the OSBA legislative division has been communicating with members about these key changes. Continue to look for updates from ODE and OSBA to help your local district understand and implement many of these changes.
by Kenna Haycox, policy consultant
Senate Bill (SB) 165, effective June 29, 2012, made several important changes to requirements for social studies standards. The key change is the required integration of the original texts of the Declaration of Independence, Northwest Ordinance, United States Constitution and Ohio Constitution into the academic content standards for grades four to 12. Some of the key changes to content standards and assessments are:
- The Ohio Department of Education (ODE) integrated the study of the original documents required by law into the social studies academic standards and has created a list of suggested grade-appropriate supplemental readings (Ohio Revised Code (RC) 3301.079(A)).
- High school students who entered ninth grade for the first time on or after July 1, 2012, are required to study the original documents outlined in state law (RC 3313.603(M)).
- By July 1, 2013, each school district must adopt an interim end-of-course examination for the standards outlined for American government and American history that complies with state law. Each high school must use the interim examinations until the state superintendent or chancellor select end-of-course exams (RC 3301.0712(B)(3)(a)).
- By July 1, 2014, the state superintendent and chancellor must select the end-of-course examinations in American history and American government that complies with state law (RC 3301.0712(B)(3)(b)).
- A valid educator license to teach social studies in the applicable grade is considered sufficient to teach the additional American history and American government content required (RC 3319.23).
SB 165 additionally made revisions to the graduation requirements outlined in RC 3313.603, which previously stated that students had to complete three units of social studies, of which one-half unit is American history and one-half unit is American government. The law now specifically states students must complete one unit of history and government and two units of social studies. The history and government unit must comply with the new social studies standards and consist of one-half unit of American history and one-half unit of American government. The requirement for the integration of economics and financial literacy into the social studies curriculum remains unchanged. Policy IKF, Graduation Requirements, has been updated to reflect these changes and is available for download with this edition of PDQ.
The additional changes made to content standards outlined above do not require any specific board policy changes. The language detailing what is in the content standards does not have to appear in your board policy manual. More information on state academic content standards and model curricula can be found in the November 2012 edition of PDQ. Information on the social studies academic content standards and transitions is available on ODE’s website.
by Candice L. Christon, staff attorney
At most school board meetings, board members are tasked with voting on action items that will affect the district. These items may include filling a vacant board seat, hiring an employee or paying a claim. OSBA policy BDDF, Voting Methods, and exhibit BDDF-E, Voting Methods, addresses items that must be voted on by the board and the number of votes required for specific resolutions to pass. In addition, the exhibit references the Ohio Revised Code Section (RC) that corresponds with each item.
BDDF-E has recently been updated to reflect the statutory provisions that correspond to terminating the contract of a treasurer and business manager, before the expiration of the contract’s current term, for good and just cause.
Under RC 3319.16, “the contract of any teacher employed by the board may not be terminated except for good and just cause.” Additionally, the contract may only be terminated by a majority vote of the board after the termination procedures set forth in RC 3319.16 are followed, which includes, among other things, written notice to the teacher and an opportunity for a hearing.
Although RC 3319.16 references teachers, it also applies to treasurers and business managers. For treasurers, RC 3313.22 (E) states: “except for a treasurer who is disqualified from service pursuant to RC 3313.22 (B), termination of a treasurer’s contract shall be in accordance with RC 3319.16.” Likewise, for business managers, RC 3319.02 states “no contract may be terminated by a board except pursuant to RC 3319.16.”
Keep in mind that the termination procedures set forth in RC 3319.16 are different from the procedures to nonrenew treasurers (RC 3313.22) and business managers (RC 3319.02). Boards must provide written notice to treasurers whose contracts will be nonrenewed by March 1 of the year the contract expires. Additionally, boards must provide written notice to business managers whose contracts will be nonrenewed by June 1 of the year the contract expires. Remember, boards must adopt and use evaluation procedures for treasurers and business managers. Those procedures must be considered when determining “whether to renew the contract” of a treasurer or business manager.
The policy and exhibit dealing with voting methods are not required, but are strongly recommended because they serve as useful informational resources for boards of education. If your district is already using this language, it should be updated to ensure compliance with the above-noted legal changes. If your district hasn’t been using this language, you may want to consider whether it could serve as a useful tool for your board.
by Kenna Haycox, policy consultant
House Bill (HB) 143, effective April 26, 2013, adds several requirements to state law for managing concussions in sports. These requirements may look very similar to what you are already implementing at the local level. Districts that are members of the Ohio High School Athletic Association (OHSAA) are required to follow the OHSAA rules and bylaws, which already held districts to a higher standard than state law for concussion management. Recognizing this, Ohio Revised Code (RC) 3313.59(F) adds the provision that if a district is subject to the rules of an interscholastic athletic conference or an organization that regulates interscholastic conferences or events, they will be considered in compliance with the requirements of RC 3313.539, provided the rules of that organization are substantially similar.
It is important to know the rules and bylaws of your athletic association and work with them to ensure their regulations are substantially similar. Your district may have sports that are not part of OHSAA, such as lacrosse. Check with the governing body for these sports to ensure compliance. A basic understanding of the requirements in law will help you better communicate with your regulatory sports organization about compliance.
The updated provisions of state law also apply to community and science, technology, engineering and math (STEM) schools. These provisions include:
- Districts may not permit students to practice or compete in interscholastic athletics until the student has submitted a form signed by a parent or guardian stating the student has received the concussion and injury information sheet. This form must be submitted each year, for each sport the student practices or competes in (RC 3313.539(B)).
- Each coach must hold a pupil-activity program permit issued under RC 3319.303. Each official also must either hold a pupil-activity program permit or, present evidence of successfully completing a training program on recognizing the symptoms of concussions and head injuries, that meets the requirements in state law, in the past three years (RC 3313.539(C)).
- The student’s coach or a referee must remove a student practicing or competing in an interscholastic event if he or she exhibits signs, symptoms or behaviors consistent with having sustained a concussion or head injury (RC 3313.539(D)).
- If a student is removed from practice or competition for the reasons outlined above, the student will not be permitted to return to practice or competition on the same day. To be reinstated to practice or competition on a subsequent day the student must be assessed and receive written clearance that it is safe for the student to return to practice or competition. This clearance must come from a health care provider who meets the state law requirements (RC 3313.539(E)).
- The State Board of Education requires each individual applying for his or her first pupil-activity program permit to successfully complete a training program that is specifically focused on brain trauma and brain injury management. Individuals applying for a permit renewal must present evidence they have successfully completed a training program in recognizing the symptoms of concussions and head injuries, that meets the state law requirements, within the past three years (RC 3319.303(C)).
- The Ohio Department of Health (ODH) is responsible for creating information sheets on concussions and head injuries. These sheets, as well as links to one or more free online training programs, are to be available on ODH's website (RC 3707.52).
This is a brief summary of some of the key changes to state law. Familiarize yourself with the bylaws and regulations of your regulatory organization and look at them in comparison to state law. Districts that are members of OHSAA may find the following resources helpful:
- OHSAA Bylaws: http://www.ohsaa.org/general/about/Bylaws.pdf
- OHSAA general sports regulations: http://www.ohsaa.org/sports/rglts/GenSportsReg12-13.pdf
- Additional resources on concussion management from OHSAA are available at: http://www.ohsaa.org/medicine/sportssafety.htm
Policy implications
The specific requirements for removal and reinstatement of athletes and the responsibilities of coaches and officials do not need to be adopted as board policy. Additionally, the specific requirements that individuals must meet to be issued pupil-activity program permits are not addressed in policy. Your district may have adopted permissive language in several policies requiring individuals who supervise, direct or coach student activity programs to view the National Federation of State High School Associations “Concussion in Sports” course. With the integration of education on concussions and specific requirements for removal and return to practice/play, we have removed this permissive language from these policies. There are numerous resources for training in addition to what your coaches and officials may already receive. Removing this language allows more flexibility to meet your local district needs by integrating additional information into meetings or training as needed.
It is important to check your policies to ensure you do not have any district-specific language that conflicts with OHSAA or state law requirements. Additionally, if your district is not an OHSAA member, confirm that the regulations you follow are compliant with the requirements of state law.
If your district has a student athlete handbook the board approves every year, make sure the requirements outlined in the handbook comply with state law and, if applicable, OHSAA requirements.
GCBB, Professional Staff Supplemental Contracts; GDBB Support Staff Pupil Activity Contracts; IGD, Cocurricular and Extracurricular Activities; and IGDJ, Interscholastic Athletics, have been updated and are available for download with this edition of PDQ.
Sample policies included with this issue
Note: Policies and/or regulations marked with an * are required. Check to confirm that you have a policy and/or regulation.
Revised polices/regulations (add new language shown in bold type and delete language in strike-through type)
Revised policies/regulations
*AFC-1 (Also GCN-1), Evaluation of Professional Staff (Teachers)
*AFC-2 (Also GCN-2), Evaluation of Professional Staff (Administrators Both Professional and Support)
*GCBB, Professional Staff Supplemental Contracts
*GCN-1 (Also AFC-1), Evaluation of Professional Staff (Teachers)
*GCN-2 (Also AFC-2), Evaluation of Professional Staff (Administrators Both Professional and Support)
GDBB, Support Staff Pupil Activity Contracts
*IGBEA, Reading Skills Assessments and Intervention (Third-Grade Reading Guarantee)
*IGBEA-R, Reading Skills Assessments and Intervention (Third-Grade Reading Guarantee)
*IGD, Cocurricular and Extracurricular Activities
*IGDJ, Interscholastic Athletics