Does a board of education violate a collective bargaining agreement by including attendance data in a teacher evaluation? The answer is, “no” according to a state appellate court.
In the case of Tolles Career & Technical School Bd. of Edn. v. Tolles Edn. Assn., 2016-Ohio-7835, the union attempted to arbitrate the “the inclusion of teacher attendance data in a teacher evaluation.” Tolles at ¶ 13. However, a state appellate court found “that in the absence of any agreement to the contrary, the inclusion of the teacher attendance data was a matter of professional judgment in its evaluation procedures.” Tolles at ¶ 20.
Specifically, “[w]hile the agreement and accompanying appendices [in this matter] provide[d] some general guidance on the process for teacher evaluations, there [was] no provision in the negotiated agreement that impair[ed] the Board’s ability to consider attendance data within the context of its evaluations.” Tolles at ¶ 21. Although “the parties agreed to general provisions for teacher evaluations, the agreement did not prohibit the Board from considering attendance in its teacher evaluations.” Tolles at ¶ 22.
This case demonstrates that, absent an agreement or statute to the contrary, the content of a teacher evaluation is a matter of professional judgment. Please note, however, that it is anticipated that a court may look unfavorably on an evaluation that punishes a teacher for using either lawful or contractually bargained for sick and leave days.
To read this case, please click here.
Authors: Matthew John Markling and Patrick Vrobel
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.