1. Administrator Contracts 101: Your Rights as a School Administrator in Ohio Beginning Administrators Academy September 12, 2016

2. Administrator Contracts 101: Your Rights as a School Administrator in Ohio a.k.a. “Flying Without a Net”

3. It is often said that being a school administrator in Ohio is like flying on a trapeze without a net!

4. Naturally, some days will be tougher than others!

5. This is precisely what we hope to avoid!

6. CAUTION! You have left the relative safety and security of your local teacher’s association. You are now considered “management”, and serve at the pleasure of the Superintendent and Board of Education.

7. Free Advice: Be an astute observer of the culture of your administrative environment. Learn the parameters of this culture before acting independently!

8. Free Advice (2.0): Re-assess the culture of your environment whenever you sense a change has been introduced. These changes might include:

9. A change in the make-up of your Board of Education

10. A change in Superintendent

11. A change in the make-up of your Board of Education A change in Superintendent A change in the leadership of your teacher’s association

12. A change in the make-up of your Board of Education A change in Superintendent A change in the leadership of your teacher’s association A change in your role or position in the organization

13. A change in the make-up of your Board of Education A change in Superintendent A change in the leadership of your teacher’s association A change in your role or position in the organization A change in the community

14. A change in the make-up of your Board of Education A change in Superintendent A change in the leadership of your teacher’s association A change in your role or position in the organization A change in the community A change in law

15. Essential Question: Can you accurately describe the culture of your school and district?

16. Perception is reality for the perceiver.

18. Despite this relative insecurity, the realm of Administrator Contracts is not completely without rules. Certain laws do give us basic rights and protections. But, if you don’t know your rights, then you better have friends who do!

19. “So, just what does it take to get one of these gravy jobs, anyway?”

20. Administrative contracts are governed primarily by ORC 3319.02.

21. Administrative contracts are governed primarily by ORC 3319.02. This law stipulates that “a nomination from the superintendent” is required for the Board to employ an administrator.*

22. Administrative contracts are governed primarily by ORC 3319.02. This law stipulates that “a nomination from the superintendent” is required for the Board to employ an administrator.* * If a superintendent refuses to nominate an administrator the Board wishes to employ, they may, by three-fourths vote of its full membership, take action to hire this administrator anyway.

23. ORC 3319.02 requires you to be provided with a written contract. This contract must include the following:

24. your administrative position

25. ORC 3319.02 requires you to be provided with a written contract. This contract must include the following: your administrative position duties as set forth in job description

26. ORC 3319.02 requires you to be provided with a written contract. This contract must include the following: your administrative position duties as set forth in job description salary and other compensation

27. ORC 3319.02 requires you to be provided with a written contract. This contract must include the following: your administrative position duties as set forth in job description salary and other compensation number of days to be worked

28. ORC 3319.02 requires you to be provided with a written contract. This contract must include the following: your administrative position duties as set forth in job description salary and other compensation number of days to be worked number of vacation leave days (if any)

29. ORC 3319.02 requires you to be provided with a written contract. This contract must include the following: your administrative position duties as set forth in job description salary and other compensation number of days to be worked number of vacation leave days (if any) the paid holidays in each year

30. ORC 3319.02 requires you to be provided with a written contract. This contract must include the following: your administrative position duties as set forth in job description salary and other compensation number of days to be worked number of vacation leave days (if any) the paid holidays in each year length of the contract

31. As you would do with any legal document, ALWAYS read your contract before you sign it!!!

32. ORC 3319.02 also stipulates that, unless by mutual agreement, throughout the duration of your contract, you may not be transferred to a position of lesser responsibility.

33. ORC 3319.02 also prevents your contract from being suspended or terminated except in accordance with ORC 3319.16, ORC 3319.17, or ORC 3319.171.

34. Contract Duration

35. Your initial administrative contract may be for any period of time up to three years. Contract Duration

36. At the end of my contract, what might happen?

37. A) Renewal

38. At the end of my contract, what might happen? A) Renewal B) Non-renewal

39. Contract Renewal Any renewal may be for up to three years, until such time as you have completed three years of administrative service.

40. Once you have served as an administrator in your district for three years, any renewal must be a multiple-year contract of at least two years, but not more than five years.*

41. However, the Board is permitted to, on a one- time basis, and upon the recommendation of the Superintendent, issue a one-year contract to you. Treat this seriously!!!

42. Renewal Your Board may reemploy you (renew your contract) at any regular or special meeting held between January 1 of the calendar year preceding the expiration of your contract, up to June 1* of the year of expiration of your employment. * recently changed from April 1

43. Non-renewal

44. The Board may choose not to renew your contract at the end of service, provided they have met the required timeline for notification.

45. Non-renewal The Board may choose not to renew your contract at the end of service, provided they have met the required timeline for notification. This decision can be made regardless of your performance of your duties.

46. Non-renewal The Board may choose not to renew your contract at the end of service, provided they have met the required timeline for notification. This decision can be made regardless of your performance of your duties. Tenure does not exist for you as an administrator!!!

47. Continuing Contract Status

48. Per ORC 3319.02, you retain your continuing contract status as a teacher when you take an administrative position in the same district.

49. Continuing Contract Status In addition, ORC 3319.11 provides that if you have previously attained continuing contract status as a teacher in one district, and then serve as an administrator in another district for two years, you now hold a continuing contract in the new district. Wooohooo!!!

50. Ramification: Should the district opt to not renew your administrative contract after you have served at least two years in the new system, you still retain the right to a teaching position in the district.

51. Given this protection, administrators who presently hold a continuing teaching contract, and who are seeking employment as an administrator in a new district, might consider requesting an initial contract of at least two years in duration.

52. Evaluation of Administrators

53. ORC 3319.02(D)(2)(c) requires that you receive at least one written evaluation annually, signed by your evaluator, prior to the end of your contract year.

54. Evaluation of Administrators ORC 3319.02(D)(2)(c) also provides that in any school year that your contract is due to expire, you must be provided with at least one preliminary written evaluation and one final evaluation, prior to any Board action on your contract.

55. Evaluation of Administrators You must receive your written preliminary evaluation at least sixty (60) days prior to any action by the Board on your contract.

56. Evaluation of Administrators You must receive your written preliminary evaluation at least sixty (60) days prior to any action by the Board on your contract. This means you must be provided with a signed preliminary evaluation no later than April 1 st.

57. Evaluation of Administrators You must receive your written final evaluation, that must include the superintendent’s intended recommendation, at least five (5) days prior to any action by the Board on your contract.

58. Evaluation of Administrators You must receive your written final evaluation, that must include the superintendent’s intended recommendation, at least five (5) days prior to any action by the Board on your contract. (Not later than May 27 th )

59. Due Process Requirements for Non-renewal Prior to March 31 of the year your contract expires, the Board must notify you of the expiration date of your contract, and notify you of your right to request a meeting with the Board.

60. Due Process Requirements for Non-renewal If requested, the Board shall grant you a meeting in executive session to discuss its reason(s) for considering non-renewal of your contract.

61. Due Process Requirements for Non-renewal If requested, the Board shall grant you a meeting in executive session to discuss its reason(s) for considering non-renewal of your contract. You are permitted to have a representative of your choosing present at the meeting.

62. In the event that no formal action on your contract renewal has taken place by the statutory deadline, due process has not been followed, or evaluations have not been provided as required, then, by operation of law, you are deemed “reemployed” at the same salary plus any increments. ORC 3319.02(D)(5)

63. Any such automatic renewal by operation of law shall be for a period of one year, unless you have three or more years of service in the district, in which case the renewal shall be for two years.

64. Are there any other types of action that my Board can take on my contract?

65. A) Suspension of Contract

66. Are there any other types of action that my Board can take on my contract? A) Suspension of Contract B) Termination of Contract

67. Suspension of Contract

68. The language in ORC 3319.17 and ORC 3319.171 address the Board’s right to suspend administrative contracts as part of a Reduction in Force (RIF) policy.

69. Suspension of Contract The code requires the Board to develop policy procedures and provisions for suspension of administrative contracts “with input from the superintendent... and other administrators employed by the Board.”

70. Termination of Contract

71. Termination of an administrator’s contract by the Board is governed by ORC 3319.16. This may not be done “except for good and just cause.”

72. Termination of Contract Such action requires the Board to furnish you with a written notice signed by its treasurer of its intention to consider termination, and must include “full specification of the grounds for such consideration.”

73. Termination of Contract Upon receipt of such notification, you have ten days to file a written demand for a hearing with the Board. The Board must set a hearing date within thirty (30) days, and provide you with twenty (20) days notice of the date and time selected.

74. Free Advice (3.0): NEVER attend a disciplinary hearing that includes the Board’s legal counsel, or anyone from ODE, without your own legal representation.

75. Questions? Keep in mind that we are NOT providing legal advice!

76. Final Exam for Administrator Contracts 101

77. This is an open-book exam. “Cheating” in the form of discussing answers with others is not only permitted, it is encouraged!

78. 1. I have been employed as a principal for three years, and I am up for a contract renewal. How many years will my next contract be for?

79. 2. I am a first-year principal with a one-year contract, and I was not given any evaluation this year. Will I be renewed, and if so, for how long?

80. 3. After seven years of dedicated service, and with nothing but glowing evaluations, my Board has decided to non-renew my contract. Can they really do this to me?

81. 4. I am a veteran administrator working in the final year of a five- year contract. I was told that my next contract would be for just two years. Is that allowed?

82. 5. An irate parent has made false accusations against me, and now my superintendent wants to meet with me and the Board’s lawyer. Oh, by the way, I’m up for contract. What should I do?

83. 6. I’m a nervous first-year principal, and I just received a letter from our treasurer notifying me that my contract expires this year and that I am entitled to request a hearing with the Board. What should I do!!??

84. 7. I am completing my first year as principal in a new district. I held a continuing teaching contract in my old district. I have been told that my contract will not be renewed at the end of this year. What are my options?

85. 8. This is my tenth year as a principal, and I’m in the middle of a five-year contract. We’re consolidating schools, and I was told we don’t need all our principals. The Board wants to suspend my contract through the RIF process. Can they really do this, and what are my options?

86. 9. I am in year two of a three-year contract as a high school principal. Things aren’t going well, and the superintendent wants to move me to an AP job at the middle school. Can she do this?

87. 10. My evaluator has met with me several times to discuss “deficiencies” in my performance, but he has never put anything in writing. It is now late April, and they want to fire me. Can they do that?