Back to Basics: July 15 Is the Ineffective Teacher Notice Deadline

Does your school have any teachers who were rated ineffective? Have you hired a new teacher who was recently rated ineffective by another school? If your answer is “yes” to either question, be aware that Revised School Code (RSC) Section 1249a prohibits a school district, intermediate school district, or public school academy from assigning a student to be taught in the same subject area for two consecutive years by a teacher who was rated ineffective on his or her two most recent annual year-end evaluations. Additionally, a school is prohibited from assigning a student for two consecutive years in the same subject area to any teacher rated ineffective on his or her two most recent annual year-end evaluations, regardless of whether the student is assigned a different ineffective teacher from the previous year.

If a school cannot comply with this requirement, the board must provide the student’s parent or legal guardian written notice of the assignment by July 15. The written notice must specifically advise the parent or legal guardian that (1) the school cannot comply with RSC Section 1249a, and (2) the student has been assigned to be taught in the same subject area for a second consecutive year by a teacher who has been rated as ineffective on his or her two most recent annual year-end evaluations. The notice need not identify the teacher by name, but it must explain why the school cannot comply.

Notably, the RSC does not define the phrase “two most recent annual year-end evaluations,” which could include evaluations from nonconsecutive school years if, for example, a teacher was on a leave of absence and did not receive an annual year-end evaluation for an intervening school year.

The “two most recent annual year-end evaluations” also could include evaluations from a teacher’s previous school employer. According to MDE, there is no statewide database for teacher evaluations to enable a school to readily consider an evaluation rating assigned by a former school employer. Accordingly, to ensure compliance with Section 1249a, administrators should consider requiring prospective hires to provide copies of their two most recent annual year-end evaluations before offering employment.

Importantly, decisions about Section 1249a’s development, format, content, and notification procedures are prohibited bargaining subjects that a school determines in its sole discretion.