What Nebraska's Head Football Coaching Hiring/Firing Teaches Public Schools Karen Haase karen@ksbschoollaw.com KSB School Law @KarenHaase
First the Disclaimers…. I don’t represent UNL or the Huskers I don’t know anything about the coaching change other than press reports I love the Huskers and please don’t revoke my seasons tickets
What Schools can Learn from the Termination of Pelini
Employees Can Improve Their Skills; They Can’t Change their Nature
Employees Can Improve Their Skills; They Can’t Change their Nature Use the probationary period for its intended purpose: is the teacher a good “fit” with your culture Waiting longer is not good for anyone TNTP: “Address consistently ineffective teaching through dismissal policies that provide lower-stakes options for ineffective teachers to exit the district and a system of due process that is fair but efficient.”
Even the Most Toxic Employees Will Have Their Supporters
Even the Most Toxic Employees Will Have Their Supporters Every teacher is the best thing that happened to someone’s kid Don’t dismiss the supporters’ experiences – they may be legit Don’t get distracted from the big picture – is this employee good for kids and the district overall
Dismissal Doesn’t Negate the Good Things the Employee Did
Dismissal Doesn’t Negate the Good Things the Employee Did Administrators: be honest about the positives Boards: Ultimate question is whether good outweighs the bad
Employees Will Do Desperate Things to Keep their Job
Employees Will Do Desperate Things to Keep their Job Are they making genuine changes? Don’t ride the rollercoaster Boards: Avoid “coffee shop talk” whenever possible
The Termination Decision
The Termination Decision It’s A Lot Harder to Fire a Teacher Even probationary teachers get notice and a hearing before the board of education Tenured teachers may only be let go “for cause” as defined by statute
There will be Fallout
The Hiring Process
The Hiring Process Full Board Review
•
Applications available in the office Review before meeting Review in open session unless clearly necessary to protect candidate Methods to narrow field (points, vote)
• •
Cannot be a quorum Cannot make policy or “decisions”
• • •
Committee Recommendation
Reviewing Applicants Full Board Review
•
Applications available in the office Review before meeting Review in open session unless clearly necessary to protect candidate Methods to narrow field (points, vote)
• •
Cannot be a quorum Cannot make policy or “decisions”
• • •
Committee Recommendation
Discussions at Meetings MAY NOT go into Closed Session to:
• Winnow applications • Formulate interview questions • Interview Applicants • Discuss/Evaluate Finalists May go into Closed Session to • Negotiate Contract • Negotiate Compensation • Discussion of reputation injuring information if candidate agrees to it
Scottsbluff Case Forming interview questions: • Does not “protect the public interest”
Compensation Package
• Generally must discuss $$ in open • May be closed session “when actually negotiating a salary” with prospective hire
Scottsbluff
Application Materials
Application Materials 84-712.05(15) allows board to withhold non-finalists applications Does not REQUIRE them to be confidential Neb. AG. (Louisville Determination): • closed session is not proper to keep the contents of application documents confidential • 84-1412(8) would require one copy of all materials discussed in open session to be available to the public at the meeting
Louisville
Outside Discussion
Outside Discussion
What’s Permissible for boards: • Calls, texts, and emails? • In-person conversations? • Straw polls?
Beatrice Case #1 Communications outside of the meeting:
• Can’t substitute many informal communications for a meeting • Can have “minimal exchange of correspondence” • No straw polls in closed session or outside of meetings
WHEN IN DOUBT… AG: stay in open session Call us! Aside from Twitter, Facebook, Texting, Instagram, Email, and SnapChat…taking calls is why we have cell phones
Interviews Should be done in open session Why not at a board meeting? • Accountability to public • Good candidates won’t care • Committee can’t make decisions or represent a quorum—leaves some board members out
Selecting Candidate(s) Should be done in open session Beatrice Cases #1 and #2 • Can’t come out of closed session only to vote • Can’t be mere “extension” of closed session • Can’t base vote on discussion outside of the meeting
Questions?