Bargaining Teacher Evaluation
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The materials on this page address the local association’s responsibilities to bargain effectively to ensure both fairness in the teacher evaluation process and the professional growth of members. It includes
- a legal rationale for the duty of school boards to bargain teacher evaluation
- recommendations regarding the content of local school board policy in relation to teacher evaluation
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guidance and sample language for bargaining the development, implementation and ongoing improvement of the local teacher evaluation system
Determining Comparable Teacher Evaluations under OTES – March 2013
Ohio law restricts the use of seniority for making decisions to retain teachers, or for the purposes of determining layoff and recall from layoff, except when choosing between teachers who have comparable evaluations. This document outlines a rational, objective manner for establishing “comparable evaluations.” This method offers the twin attributes of conforming to scientific principles and being easily understood and administered.
Navigating the Ohio Teacher Evaluation System
OEA's Department of Education Policy Research & Member Advocacy explains the who, what, when, where and why of the Ohio Teacher Evaluation System, which will be comprised of 50% on Teacher Performance on Standards and 50% on Student Growth Measures, in this presentation delivered at the 2012 OEA Representative Assembly.
Bargaining Evaluation and RIF — 2013 Collective Bargaining Conference PowerPoint Presentation
In addition to putting the Ohio Teacher Evaluation System (OTES) into context and explaining the OTES framework, this PowerPoint Presentation from the 2013 OEA Collective Bargaining Conference covers bargaining considerations — to ensure a system that is fair and equitable, that supports and assists all teachers, that is supported by continued professional development, and that is transparent, flexible and fluid.
Summary of Legal Guidance on Bargaining Evaluations
Based on the requests of leaders and staff, the following has been prepared as a summary of the many documents provided over the last year or so that have addressed bargaining and board policy under the new and evolving law related to evaluations.
Teacher Evaluation Colloquium — Questions & Answers
The Teacher Evaluation Colloquium at the December 2012 RA involved an overview of the teacher evaluation mandates affecting school districts, and included recommendations for local associations to influence school board policy and to bargain the particulars not addressed in state law. The following questions were posed at the RA, several of which could not be answered due to time constraints, and responses to those questions. Local leaders are encouraged to address further questions to OEA Labor Relations Consultants.
Teacher Evaluation Policy: Guidance and Sample Policy Language
UPDATED 02/22/13 — School boards are required by statute to adopt a standards-based evaluation policy that has been developed in consultation with teachers. The purpose of this document is to offer local associations guidance with respect to what should, and should not, be included in the evaluation policy. It must be clearly understood that teacher evaluation is a mandatory subject of bargaining and the evaluation system does not become operative until an agreement is achieved through good-faith negotiations. This document covers likely subjects of the evaluation policy, offering sample policy language as well as the thought process, or rationale, behind the sample language.
Five Sample Teacher Evaluation MOUs with Rationale
Five sample MOUs relating to teacher evaluation have been developed. The MOUs address specific issues and concerns depending on whether a district participates in RttT, when the CBA was executed, and when it expires.
Student Growth Measures Sample Guidance for MOU
View sample language for a Memorandum of Understanding (MOU) regarding Student Growth Measures (SGM) required in the teacher evaluation procedure and the formation of a SGM committee for the sole purpose of assessing, reviewing, approving the many facets of SGM and providing professional development in the area of SGM.
Student Growth Measures Sample Contract Language
This document contains sample language for your Association and Board to agree to a joint Student Growth Measures (SGM) committee.
Bargaining the Use of Ohio Teacher Evaluation System (OTES) for High-Stakes Employment Decisions
It is OEA’s policy that student growth measures, including value-added data, not be used for “high-stakes decisions” regarding students or teachers. This policy is supported by research. Student growth measures are not considered by credible researchers to be valid for employment decisions. However, until such time as the onerous portions of existing law are lifted or struck down, the use of performance evaluations for high-stakes employment decisions for teachers is a subject that must be collectively bargained. The Education Policy Research & Member Advocacy Department has put together this Bulletin to help guide you.
Sample Contract Language for Bargaining Teacher Evaluation
UPDATED 02/22/13 — The sample contract language for bargaining teacher evaluation contained in this document is current as of February 6. 2013, and will be updated as needed on a frequent basis. While several issues currently remain subjects of analysis, this document provides a solid foundation and skeletal structure for initial bargaining deliberations, particularly when taking into consideration other documents in this section of the website, such as the one addressing language pertaining to student growth measures.
