Ohio Revised Code
Chapter 3319 | Schools - Superintendent; Teachers; Employees
Section 3319.111 | Applicability of Section; Evaluating Teachers on Limited Contracts.

Effective: November 2, 2018
Latest Legislation: Senate Bill 216 - 132nd General Assembly
Notwithstanding section 3319.09 of the Revised Code, this section applies to any person who is employed under a teacher license issued under this chapter, or under a professional or permanent teacher's certificate issued under former section 3319.222 of the Revised Code, and who spends at least fifty per cent of the time employed providing student instruction. However, this section does not apply to any person who is employed as a substitute teacher or as an instructor of adult education.
(A) Not later than July 1, 2020, the board of education of each school district, in consultation with teachers employed by the board, shall update its standards-based teacher evaluation policy to conform with the framework for evaluation of teachers adopted under section 3319.112 of the Revised Code. The policy shall become operative at the expiration of any collective bargaining agreement covering teachers employed by the board that is in effect on the effective date of this amendment, and shall be included in any renewal or extension of such an agreement.
(B) When using measures of student performance as evidence in a teacher's evaluation, those measures shall be high-quality student data. The board of education of each school district may use data from the assessments on the list developed under division (B)(2) of section 3319.112 of the Revised Code as high-quality student data.
(C)(1) The board shall conduct an evaluation of each teacher employed by the board at least once each school year, except as provided in division (C)(2) of this section. The evaluation shall be completed by the first day of May and the teacher shall receive a written report of the results of the evaluation by the tenth day of May.
(2)(a) The board may evaluate each teacher who received a rating of accomplished on the teacher's most recent evaluation conducted under this section once every three school years, so long as the teacher submits a self-directed professional growth plan to the evaluator that focuses on specific areas identified in the observations and evaluation and the evaluator determines that the teacher is making progress on that plan.
(b) The board may evaluate each teacher who received a rating of skilled on the teacher's most recent evaluation conducted under this section once every two years, so long as the teacher and evaluator jointly develop a professional growth plan for the teacher that focuses on specific areas identified in the observations and evaluation and the evaluator determines that the teacher is making progress on that plan.
(c) For each teacher who is evaluated pursuant to division (C)(2) of this section, the evaluation shall be completed by the first day of May of the applicable school year, and the teacher shall receive a written report of the results of the evaluation by the tenth day of May of that school year.
(d) The board may elect not to conduct an evaluation of a teacher who meets one of the following requirements:
(i) The teacher was on leave from the school district for fifty per cent or more of the school year, as calculated by the board.
(ii) The teacher has submitted notice of retirement and that notice has been accepted by the board not later than the first day of December of the school year in which the evaluation is otherwise scheduled to be conducted.
(e) The board may elect not to conduct an evaluation of a teacher who is participating in the teacher residency program established under section 3319.223 of the Revised Code for the year during which that teacher takes, for the first time, at least half of the performance-based assessment prescribed by the state board of education for resident educators.
(3) In any year that a teacher is not formally evaluated pursuant to division (C) of this section as a result of receiving a rating of accomplished or skilled on the teacher's most recent evaluation, an individual qualified to evaluate a teacher under division (D) of this section shall conduct at least one observation of the teacher and hold at least one conference with the teacher. The conference shall include a discussion of progress on the teacher's professional growth plan.
(D) Each evaluation conducted pursuant to this section shall be conducted by one or more of the following persons who hold a credential established by the department of education for being an evaluator:
(1) A person who is under contract with the board pursuant to section 3319.01 or 3319.02 of the Revised Code and holds a license designated for being a superintendent, assistant superintendent, or principal issued under section 3319.22 of the Revised Code;
(2) A person who is under contract with the board pursuant to section 3319.02 of the Revised Code and holds a license designated for being a vocational director, administrative specialist, or supervisor in any educational area issued under section 3319.22 of the Revised Code;
(3) A person designated to conduct evaluations under an agreement entered into by the board, including an agreement providing for peer review entered into by the board and representatives of teachers employed by the board;
(4) A person who is employed by an entity contracted by the board to conduct evaluations and who holds a license designated for being a superintendent, assistant superintendent, principal, vocational director, administrative specialist, or supervisor in any educational area issued under section 3319.22 of the Revised Code or is qualified to conduct evaluations.
(E) Notwithstanding division (A)(3) of section 3319.112 of the Revised Code, the board shall require at least three formal observations of each teacher who is under consideration for nonrenewal and with whom the board has entered into a limited contract or an extended limited contract under section 3319.11 of the Revised Code.
(F) The 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. Seniority shall not be the basis for a decision to retain a teacher, except when making a decision between teachers who have comparable evaluations.
(G) For purposes of section 3333.0411 of the Revised Code, the board annually shall report to the department of education the number of teachers for whom an evaluation was conducted under this section and the number of teachers assigned each rating prescribed under division (B)(1) of section 3319.112 of the Revised Code, aggregated by the teacher preparation programs from which and the years in which the teachers graduated. The department shall establish guidelines for reporting the information required by this division. The guidelines shall not permit or require that the name of, or any other personally identifiable information about, any teacher be reported under this division.
(H) Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the requirements of this section prevail over any conflicting provisions of a collective bargaining agreement entered into on or after the effective date of this amendment.

Structure Ohio Revised Code

Ohio Revised Code

Title 33 | Education-Libraries

Chapter 3319 | Schools - Superintendent; Teachers; Employees

Section 3319.01 | Superintendent of an Educational Service Center - Appointment and Duties.

Section 3319.011 | Superintendent Pro Tempore.

Section 3319.02 | Assistant Superintendents and Other Administrators.

Section 3319.03 | Business Manager.

Section 3319.031 | Assignment of Business Manager Functions.

Section 3319.04 | Business Manager - Powers and Duties.

Section 3319.05 | Compensation of Business Manager - Bond.

Section 3319.06 | Internal Auditor Authorized - Contract - Evaluation.

Section 3319.07 | Employment of Teachers.

Section 3319.071 | Professional Development Program for Teachers.

Section 3319.072 | Lunch Period for Teachers.

Section 3319.073 | In-Service Training in Child Abuse Prevention Programs, School Safety and Violence Prevention, and Training on the Board's Harassment, Intimidation, or Bullying Policy.

Section 3319.074 | Professional Qualifications of Teachers and Paraprofessionals.

Section 3319.075 | Use of Professional Development Standards.

Section 3319.076 | License Required to Teach Physical Education.

Section 3319.077 | Teacher Professional Development in Dyslexia.

Section 3319.078 | Structured Literacy Certification.

Section 3319.08 | Contracts for Employment or Reemployment of Teachers.

Section 3319.081 | Contracts for Nonteaching Employees.

Section 3319.082 | Annual Notice of Salary to Nonteaching School Employees.

Section 3319.083 | Notice of Intention Not to Re-Employ.

Section 3319.084 | Nonteaching School Employees - Vacation Leave and Vacation Credit.

Section 3319.085 | Military Leave for Nonteaching Employees.

Section 3319.086 | Standard Work Week.

Section 3319.087 | Paid Holidays.

Section 3319.088 | Educational Aide Permits - Educational Paraprofessional Licenses for Educational Assistants.

Section 3319.089 | Using Work Experience Program Participants.

Section 3319.0810 | Contracting for Student Transportation Services.

Section 3319.0811 | Supplemental Contracts for Courses Taught Outside Normal School Day.

Section 3319.09 | Teacher Definitions.

Section 3319.10 | Employment and Status of Substitute Teachers.

Section 3319.101 | Conditional Employment of Substitute Teachers Pending Receipt of Teacher's Certificate.

Section 3319.11 | Continuing Service Status - Limited Contract - Notice of Intent Not to Re-Employ.

Section 3319.111 | Applicability of Section; Evaluating Teachers on Limited Contracts.

Section 3319.112 | Revision of Standards-Based State Framework for the Evaluation of Teachers.

Section 3319.113 | Standards-Based State Framework for Evaluation of School Counselors.

Section 3319.12 | Annual Notice of Salary to Be Paid Teacher - Transfer to Other Positions.

Section 3319.13 | Leave of Absence - Request - Employment of Replacement.

Section 3319.131 | Leaves of Absence for Professional Growth.

Section 3319.14 | Military Leave of Absence.

Section 3319.141 | Sick Leave.

Section 3319.142 | Personal Leave for Nonteaching Employees.

Section 3319.143 | Policy of Assault Leave.

Section 3319.15 | Termination of Contract by Teacher.

Section 3319.151 | Prohibition on Assisting Students in Cheating on Assessments.

Section 3319.16 | Termination of Contract by Board of Education.

Section 3319.161 | Appointing Referees for Contract Termination Cases.

Section 3319.17 | Reduction in Number of Teachers - Restoration.

Section 3319.171 | Administrative Personnel Suspension Policy.

Section 3319.172 | Reasonable Reductions in Nonteaching Employees.

Section 3319.18 | Status of Teachers Under Transfer or Consolidation.

Section 3319.181 | Civil Service Status of Nonteaching Employees in Transferred or New District.

Section 3319.20 | Notification of Nonlicensed Employee's Guilty Plea or Conviction of Certain Offenses.

Section 3319.21 | Contract Employing Relative as Teacher Void.

Section 3319.22 | Standards and Requirements for Educator Licenses; Local Professional Development Committees.

Section 3319.221 | Pupil Services Personnel Registration.

Section 3319.222 | Effect on Certificates Issued Before Change in Law.

Section 3319.223 | Ohio Teacher Residency Program.

Section 3319.224 | Contracts for Speech and Language or Audiology Services.

Section 3319.226 | Educator Licenses for Substitute Teaching.

Section 3319.227 | Teach for America Educator's License.

Section 3319.228 | Issuance of License to Those Licensed in Other States; List of States With Inadequate Licensure Standards.

Section 3319.229 | Career-Technical Workforce Development Educator License.

Section 3319.2211 | Employment of Adult Education Permit Holder.

Section 3319.2212 | [Repealed Effective 4/6/2023 by h.b. 509, 134th General Assembly] School Psychologists' Provision of Telehealth Services.

Section 3319.23 | License Required for Teaching American History and Government Content.

Section 3319.231 | Qualifications for Teaching Community Service Education.

Section 3319.232 | License for Teaching Students With Visual Disabilities.

Section 3319.233 | Educator License Requirements Beginning 7/1/2017.

Section 3319.234 | Study of Relationship of Licensure Assessment Performance to Classroom Effectiveness.

Section 3319.235 | Integrating Educational Technology.

Section 3319.236 | Qualifications to Teach Computer Science.

Section 3319.237 | Courses to Teach in Grades Pre-K Through 5; Curriculum; Continuing Education.

Section 3319.238 | Financial Literacy License Validation.

Section 3319.239 | Reimbursement for Financial Literacy Validation Costs.

Section 3319.24 | Coursework in Teaching Reading and Phonics Required for Certain Initial Provisional License Applicants.

Section 3319.25 | Teacher Performance Assessment Entity.

Section 3319.26 | Alternative Educator Licenses.

Section 3319.261 | Alternative Resident Educator License.

Section 3319.262 | Standards and Requirements for Obtaining Nonrenewable Four-Year Initial Early College High School Educator License.

Section 3319.263 | Alternative Resident Educator License Subject Areas.

Section 3319.27 | Alternative Principal License.

Section 3319.272 | Professional Administrator License Upon Completion of Bright New Leaders for Ohio Schools Program.

Section 3319.28 | Provisional Educator License for Stem School Teacher.

Section 3319.283 | Veteran Not Certificated or Licensed.

Section 3319.284 | Extension of Educator License for Members of Armed Forces.

Section 3319.29 | Fees.

Section 3319.291 | Fingerprints and Authorization to Forward to Bureau of Criminal Identification and Investigation.

Section 3319.292 | Questioning of Applicant Regarding Criminal History.

Section 3319.30 | Necessity of License - Professional Meetings.

Section 3319.301 | Board to Issue Permits to Qualified Nonlicensed Individuals.

Section 3319.303 | Standards and Requirements for Obtaining Pupil-Activity Program Permit.

Section 3319.31 | Refusal to Issue, Suspension, Revocation or Limitations of License.

Section 3319.311 | Investigations.

Section 3319.312 | Effect of Child Support Default on Certificate or Permit.

Section 3319.313 | Information Concerning Improper Conduct by Licensed Employee.

Section 3319.314 | Report of Improper Conduct Investigation Kept in Personnel File.

Section 3319.315 | Rc 3319.313 and Rc 3319.314 Prevail Over Contractual Provisions.

Section 3319.316 | Participation in Retained Applicant Fingerprint Database.

Section 3319.317 | False Report of Employee Misconduct Prohibited.

Section 3319.318 | Illegally Assisting a Sex Offender in Attaining School Employment.

Section 3319.319 | Release of Information Obtained During an Investigation of an Educator.

Section 3319.32 | Records to Be Kept by Superintendents and Teachers of All Schools - Reports.

Section 3319.321 | Confidentiality.

Section 3319.322 | Copy of Photographs for School Files.

Section 3319.323 | Alterations of Records Prohibited.

Section 3319.33 | Annual Report of Statistics - Civil Proceedings Information.

Section 3319.35 | Failure of Superintendent or Treasurer to Make Reports.

Section 3319.36 | Requirements for Payment of Teacher for Services.

Section 3319.361 | Rules for Issuance of Supplemental Teaching License.

Section 3319.37 | Appointment of Persons to Make Reports for Treasurer or Executive Head - Compensation.

Section 3319.39 | Criminal Records Check.

Section 3319.391 | Applicants and New Hires Subject to Criminal Records Check Provisions.

Section 3319.392 | Criminal Records Check of Private Contract Employee.

Section 3319.393 | Educator Profile Database Consultation.

Section 3319.40 | Suspension of Employee Pending Criminal Action.

Section 3319.41 | Corporal Punishment Policy.

Section 3319.42 | Interstate Agreement on Qualification of Educational Personnel.

Section 3319.43 | Designated State Official Shall Be Superintendent of Public Instruction.

Section 3319.44 | Copies of Contracts to Be Kept on File.

Section 3319.45 | Principal to Report Certain Act or Violations by Pupil to Superintendent and Law Enforcement Officer.

Section 3319.46 | Policy and Rules Regarding Positive Behavior Intervention Supports and the Use of Physical Restraint or Seclusion on Students; Duties of Board.

Section 3319.47 | Sexual Harassment Counseling.

Section 3319.51 | Fees - State Board of Education Licensure Fund.

Section 3319.52 | Notification of Guilty Plea or Conviction of License Holder.

Section 3319.55 | Grant Program for Teachers.

Section 3319.56 | Identifying Promising Practices.

Section 3319.57 | Grant Program for Innovations.

Section 3319.60 | Educator Standards Board.

Section 3319.61 | Duties of Board.

Section 3319.611 | Subcommittee on Standards for Superintendents of the Education Standards Board.

Section 3319.612 | Subcommittee on Standards for School Treasurers and Business Managers of the Educator Standards Board.

Section 3319.613 | [Repealed Effective 4/6/2023 by h.b. 554, 134th General Assembly] Subcommittee on Standards for Teacher Preparation.

Section 3319.63 | Granting Professional Leave for Educator Standards Board Service.

Section 3319.65 | Credential Review Board.

Section 3319.67 | Teacher of the Year Recognition Program.

Section 3319.80 | Engagement of Dyslexia Specialist to Train Teachers.

Section 3319.99 | Penalty.