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Ineffective Notifications

Brad Banasik

By Brad Banasik, MASB Legal Counsel/Director of Labor Relations & Policy

DashBoard, May 27, 2015

When Public Act 102 was passed in 2011, it amended the Revised School Code to include new requirements for teacher layoffs, recalls and evaluations. The changes generally required school districts to adopt and implement an evaluation system for teachers and administrators that annually measures job performance using “effectiveness” rating classifications. Then, the “effectiveness” of the teacher, rather than seniority, is the primary factor in personnel decisions when conducting a staffing reduction or recall. School districts have been following these requirements ever since the July 19, 2011 effective date of the legislation.

Public Act 102, however, included an additional requirement that must be followed for the first time this year. Beginning with the 2015-2016 school year, if a student is assigned to be taught by a teacher who has been rated as “ineffective” on his or her two most recent evaluations, the school district must notify the student’s parent or legal guardian that the student has been assigned to the “ineffective” teacher. The notification must identify the teacher and indicate that the teacher has been rated as ineffective on his or her two most recent annul year-end evaluations. Additionally, the notice must be in writing and delivered to the parent or legal guardian no later than July 15 immediately preceding the beginning of the school year.

If you have any questions or concerns about this requirement, please contact MASB’s Legal and Labor Relations Team at laborrelations@masb.org or 517.327.5900.

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