Husker football coach and hiring nrcsa 2015

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?