Retaining Effective Teachers Policy
The state should require that its school districts consider classroom performance as a factor in determining which teachers are laid off when a reduction in force is necessary. The bar for this goal was raised in 2017.
Factors to Consider: Ohio requires that a teacher's tenure status is considered first during reductions in force. In addition, the state requires that preference will not be given "to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations." The implication here is that probationary teachers are laid off first according to their effectiveness, and then tenured teachers are laid off according to their effectiveness.
Ohio Revised Code 3319.17
Require that districts consider teacher effectiveness as a factor in determining which teachers are laid off during reductions in force.
Although it seems that Ohio will be using teacher performance as a factor in layoff decisions, the state could make it clearer that it intends to do so. In addition, the state might want to reconsider its emphasis on tenure in determining who is laid off due to the exceptionally long (possibly as long as seven years) probationary status for teachers in Ohio. Putting a greater emphasis on tenure status rather than teacher performance in this particular situation might undermine the state's efforts to prohibit a "last hired, first fired" layoff policy.
Ohio recognized the factual accuracy of this analysis.
"Last In, First Out (LIFO)" policies put adult interests before student needs, yet most districts across the country still use these policies in the event of teacher layoffs. While most states leave these decisions to district discretion, other states require layoffs to be based on seniority. Such policies fail to give due weight to a teacher's classroom performance and risk sacrificing effective teachers while maintaining low performers.
Policies that prioritize seniority in layoff decisions can also cause significant upheaval in schools and school districts. As teachers who are newer to the classroom traditionally draw lower salaries, a seniority-based layoff policy is likely to require that districts lay off a larger number of probationary teachers rather than a smaller group of ineffective teachers to achieve the same budget reduction.
States can leave districts flexibility in determining layoff policies, but they should do so while also ensuring that classroom performance is considered. Further, if performance is prioritized, states need not prohibit the use of seniority as an additional criterion in determining who is laid off.