Transcript Last Chance Agreements - Home

Reginald Fentress
Labor Relations Consultant
Ohio Education Association
OEA Leadership Academy
August 1-3, 2011
OHIO
RESIDENT EDUCATOR (RE)
PROGRAM
RESIDENT EDUCATOR PROGRAM
The Resident Educator Program for beginning
teachers will provide Ohio’s newest educators
with coaching, mentoring and guidance that
are critical to improving their skills and
knowledge and student achievement. The
Resident Educator License will be issued
beginning in 2011.
RESIDENT EDUCATOR PROGRAM
Rationale:
In order for employers to attract, hire and maintain
highly qualified new teachers and/or other professional
employees required to obtain their licenses and who
are serious about choosing education as a profession,
the establishment and implementation of a Resident
Educator Program is required by law.
The Resident Educator Program should outline the
expectations for lead teachers who are mentors and it
should be clear on training and meeting requirements.
RESIDENT EDUCATOR PROGRAM
Employer Arguments:
• The employer reserves its managerial right to
establish the Resident Educator Program. Therefore,
a committee of teachers and administrators is not
necessary.
• The cost incurred for a Resident Educator Program is
prohibitive especially in the current economic
climate.
RESIDENT EDUCATOR PROGRAM
Union Arguments:
• Since a Resident Educator Program is required by law,
the most effective means by which to provide a formal
program of support is via a committee that consists
primarily of a majority of classroom teachers.
• The Resident Educator Program requires administrators
to successfully complete a Resident Educator Program.
• The Resident Educator Program is a mandatory subject
of bargaining since it impacts wages, hours, terms and
other conditions of employment.
RE Program Requirements:
 Assign the Entry Year Coordinator role in OEDS to the person responsible for overseeing the RE
Program
 Identify an implementation team – locally determined
 Align the local RE Program to the Ohio Resident Educator Program Standards and the Mentor
Standards for the Ohio Resident Educator Program
 Select and assign mentors and ensure they attend state mentor training
 Provide orientation to RE Program for resident educators
 Determine RE eligibility and register REs in CORE
 Input end of year program report in CORE
 Provide ongoing professional development to resident educators and mentors – locally
determined
 Complete annual benchmark for REs
 Provide time for mentor-RE collaboration – 1 hour per week – locally determined
 Provide opportunities for reciprocal observations between mentors and REs and other exemplary
teachers
 Ensure that REs write and set the same goals for RE Program and for their district evaluation, if
applicable – locally determined
 Ensure that mentors use the formative assessment tools, protocols and processes shared in state
mentor training
RE Program Requirements, Year 1: Updated April 2011
RE Program Requirements, Year 1: Updated April 2011
RESIDENT EDUCATOR PROGRAM
LEGAL REFERENCES:
O.R.C. 3319.11
Continuing service status
Limited contract
Notice of intent not to re-employ
O.R.C. 3319.111
Evaluating Teachers on Limited Contracts
O.R.C. 3319.22
Standards and requirements for educator licenses; local
professional development committees
O.R.C. 3319.223
Ohio Teacher Residency Program
O.R.C. 3319.61
Duties of Educator Standards Board
EVALUATION,
OBSERVATION &
REMEDIATION
Purpose of Evaluation and Observation
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Assesses an employee’s work performance.
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Constitutes a basis for personnel decisions
including advancement, reassignment
continuing contract, contract renewal or
termination
Helps the employee achieve improved
knowledge and skills in performance of
work assignments
The Evaluator:
• All evaluations should be
conducted by the employee’s
immediate supervisor.
•
If work is done under more than one
supervisor, only ONE supervisor should
be designated as the evaluator.
•
The evaluator should NOT be a
bargaining unit member.
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Evaluations:
The evaluation form should be used and included in the
contract.
No more than twice annually
Evaluated on the criteria in the evaluation/observation form
only
Conducted openly and with full knowledge of the employee
No misleading, inaccurate or undocumented information
included
The employee receive a copy of the final written evaluation
The employee shall have the right to make a written
response to the findings
The employee shall receive union representation if advised of
impending adverse personnel action.
Deficiencies
•
Deficiencies resulted from observations followed by
conference with evaluator and employee within set
time limit
•
Evaluator observations compiled in writing and
copy given to employee at post-observation
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Assistance from Evaluator to correct identified
deficiencies with reasonable time period for
correction
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Written and documented deficiencies noted and
provided to the employee prior to evaluation report
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Other deficiencies regarding failed adherence to
work rules not noted during observations
Remediation Plan
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Recommendations for remediation made by evaluator
of record after receipt of deficiencies
• Remediation to begin after evaluation
• Evaluator AND teacher formulate the
remediation plan
• Provide a mentor/coach with release time to
allow meetings and/or observations under
the remediation plan
• In the event the evaluator and teacher
cannot agree on the remediation plan,
the teacher may request another District
employee to facilitate
LAST CHANCE AGREEMENTS
Last Chance Agreements
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There is no magic formula for
composing a last chance agreement.
The situation and the individuals
make each situation unique.
That being said, you need a solid last
chance agreement with many sound
elements.
Last Chance Agreement Tips:
1. Include time limitations so that your
member is not held to it for the rest of
their career.
This is particularly important with newer teachers.
Last Chance Agreement Tips:
2. Limit the language in your last chance
agreement to same or similar
conduct.
Last Chance Agreement Tips:
3. Provide for your last chance
agreement to be non-precedent
setting.
Last Chance Agreement Tips:
4. Always assure within the
agreement that there be proof
of breach.
Last Chance Agreement Tips:
5. Remember that the simpler a last chance
agreement is, the better.
THE END