Ineffective Teacher Assignment Notice Deadline: July 15

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 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 the teacher’s two most recent annual year-end evaluations. A school is also prohibited from assigning a student for two consecutive years in the same subject area to any teacher rated ineffective on the teacher’s two most recent annual year-end evaluations.

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 state 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 the teacher’s 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.

Further, the “two most recent annual year-end evaluations” may 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 consider an evaluation rating assigned by a former school employer. To ensure compliance with RSC Section 1249a, administrators should consider requiring prospective hires to provide copies of their two most recent annual year-end evaluations before offering employment.

Although the ineffective rating will not be used for evaluations conducted after July 1, 2024, Section 1249a’s requirements remain in effect for teachers rated either ineffective or needing support on their two most recent annual year-end evaluations.

If you have questions about ineffective teacher assignment notices, please contact a Thrun labor attorney.