declaratory judgment in favor of the petitioner and that brings me to a question i want to ask you use the words because my understanding from your brief is that one of the positions you're taking is it doesn't matter even if she was about you or times because you can't on seniority and only impacting tenure teachers it changed to impact all teachers in the school district and it was based on evaluation rates in the court or i'm sorry legislature find these different groupings which determine the order in which teachers were dismissed after the summer adoption after the fact is typically happens when you have a big change in the scheme of how something operates trailer bill came along and one of those is the trailer bill that we and the superintendent dan cox that reflected that the february document was actually the summit evaluation rate besides totally reworking how the sequence change we changed from three ratings for every previously it was excellent satisfactory and i'm satisfactory para changed it to include an additional rating of needs improvement and change and it was a significant change to white teachers were accustomed to that's sad when the trailer act came into effect in july funny fourteen and clarify that if i just was doing more than one evaluation observation which is a different thing and evaluation in a school only one man counts for purposes of placement on the sequence of honorable dismissal for that school term in an evaluation and it varies for tenure and non tenured teachers not on your teachers are required to be evaluated at least once the school year and that evaluation must include three observations at least two of which are formal regulations also define what constitutes a formal observation has to be at least thirty minutes or an entire lesson or an entire class period and then there would also be an informal observation the regulations further or require that if an informal observation is to be used in the summit at the evaluation regime documentation has to be provided in accordance with the  regulatory scheme if it is not to be used than that requirement does not exist there is nothing and either the rules or the statute that talks about  the joint brick committee and they have to meet annually discussed by topics that are assigned to th the st criteria or excluding from group to place newsgroup three it's interesting as the last two performance evaluations including needs improvement and i are a professional or an excellent that is something that has to be evaluated annually by the committee the start committee did meet they did not modify any of the criteria related to placement from group to enter group three the statute also provides an ruling orally or in writing and writing ok was there a post judgment or proposed decisions on a motion pursued or could there have been or is it a direct appeal after that decision did you attempt to identify for the trial judge what you consider to be his from the state we did not but we had also raised the identical issue multiple times through the proceedings error and against the manifest way that the evidence samberg or purview with the statutory interpretation question as to no or the standard to apply for review with an error in the decision is against the manifest way that the evidence and we believe both forty eight or heard of a much bigger statutory scheme and the pieces all fit together here are the addition was made to clarify that only one could be used per school t if there are two then only the nd line from that year and that is the only evaluation to be considered a placement there is nothing provides for that if you read the statute or it doesn't make sense there is also no spend her for a long time and we don't know that we want it to work this way they have to follow the statutory scheme and start did they did exactly what the statute regulations must be based upon average performance evaluation ratings with the teacher or teachers with the was average performance evaluation ready dismiss st the teachers average performance evaluation rating must be calculated using the average of the teacher's last two perform  evaluation ratings if two ratings are available a evaluation conducted prior to establishing the sequence of on arrival dismissal with us in such a school term most of the words i want to emphasize here in such school are so interpret there when it says in such school term and then immediately after says from those school term used for purposes of determining the sequence of which missile we're talking about because she was back on the regular evaluation schedule of every other here after receiving the mission rating but it doesn't take is that it says the rating from the last evaluation you didn't do prior to establishing the sequence of honorable dismissal lists in that