An Act To Protect Teachers from Unfair Evaluations

Sec. 1. 20-A MRSA §13201, last ¶,  as amended by PL 2011, c. 635, Pt. A, §2, is further amended to read:

The right to terminate a contract, after due notice of 90 days, is reserved to the school board when changes in local conditions warrant the elimination of the teaching position for which the contract was made. The order of layoff and recall is a negotiable item in accordance with the procedures set forth in Title 26, chapter 9-A. In any negotiated agreement, the criteria negotiated by the school board and the bargaining agent to establish the order of layoff and recall must include the teacher's effectiveness rating pursuant to chapter 508 as a factor and may also include, but may not be limited to, seniority.

Sec. 2. 20-A MRSA §13703,  as enacted by PL 2011, c. 635, Pt. A, §3, is amended to read:

§ 13703. Use of effectiveness rating

A superintendent shall may use effectiveness ratings of educators to inform strategic human capital decision making, including, but not limited to, decision making regarding recruitment, selection, induction, mentoring, professional development, compensation, assignment and dismissal.

Receipt Subject to an appeal and grievance filed under the terms of an applicable collective bargaining agreement, receipt of summative effectiveness ratings indicating that a teacher is ineffective for 2 consecutive years constitutes just cause for nonrenewal of a teacher's contract unless the ratings are the result of bad faith as long as there is a reasonable basis in fact for the effectiveness ratings, the evaluation process leading to the effectiveness ratings has been performed consistent with the approved system and department rules implementing this chapter and the effectiveness ratings were reached in good faith.

Any appeal of, or grievance relating to, an evaluation conducted pursuant to this chapter or an effectiveness rating resulting from implementation of a system is limited to matters relating to the implementation of the system or the existence of bad faith in an evaluation or the assignment of a rating. The professional judgment involved in an evaluation or implementation of the system is not subject to appeal or grievance.

In accordance with the terms of an applicable collective bargaining agreement, a teacher may file an appeal of and grievance relating to an evaluation conducted pursuant to this chapter or an effectiveness rating issued pursuant to this chapter. When an appeal or grievance is filed, if there is a reasonable basis in fact for the effectiveness rating, the evaluation process leading to the effectiveness rating has been performed consistent with the approved system and department rules implementing this chapter and the effectiveness rating was reached in good faith, the person or entity authorized to determine the appeal or grievance under the applicable collective bargaining agreement shall determine that the effectiveness rating is supported and must be retained. If the person or entity determines that one or more of the criteria are not met, the effectiveness rating must be rescinded.

summary

This bill removes the requirement in current law that the criteria to establish the order of layoff and recall of teachers must include the teacher's effectiveness rating as a factor. It also amends the provisions in current law governing the use of teacher effectiveness ratings.