The School Board As Judge g and Juryy Sponsored by the NASB
Kelley Baker, Baker Karen Haase Steve Williams, and Bobby Truhe kbaker@hslegalfirm.com @ g / khaase@hsdlegalfirm.com @ g swilliams@hslegalfirm.com / btruhe@hslegalfirm.com H & S School Law @KarenHaase @BobbyTruhe
Source of Board Authorityy The Legislature g created school districts and boards of education • They are “creatures of statute • Theyy have considerable discretion, but . . . • They may do only what they are statutorily authorized to do or have implied authority to do
Board Responsibilities p Adopt policies Establish curriculum Engage g g in bargaining g g In a hearing • Hear evidence • Make decision based on evidence • Issue written findings of fact
In Employment p y Matters Board members should remain impartial • Nebraska Supreme p Court: the hearing “should be before a tribunal that both possesses some academic expertise and has an apparent impartiality toward the charges.”
In Employment p y Matters Board members should: • Not investigate • Not express p opinions p • Direct people to the superintendent Administration initiates the notice Board responsible for action only: • If the case goes to hearing • Teacher fails to request a hearing
Dealing g with Complaints p Have a complaint procedure Require complainants to follow it Refer them to appropriate pp p person p Give administrators opportunity to: • Investigate • Respond • Don’t take responsibility for resolving the complaint • Don’t make promises
Hiringg and Firingg
Hiringg Certified Employees p y Board is the statutory employer Board acts on administrative recommendations Board takes action to hire Hiring requires a majority vote of board (4 votes on a 6-member board)
Probationary Teacher Rights Statute and Rule 10
Evaluated once each semester Based on classroom observation Observed for “full instructional period period” Written list of deficiencies Concrete C t suggestions ti for f improvement i t Assistance in overcoming deficiencies Follow up evaluations and assistance
Probationaryy Teacher Rights g Notice by April 15 7 calendar days to request a hearing Hearing within 30 calendar days Notice of employment-related reasons Right Ri ht to t be b represented t d Right g to discuss reasons Right to question witnesses Right to present evidence
Board Decision Probationary Teachers
ďƒ˜ Decision D i i by b majority j it off a quorum ďƒ˜ The board mayy amend or nonrenew the contract of a probationary teacher for any reason it deems sufficient if the nonrenewal is in accordance with sections 79-824 to 79-842 and is not for constitutionally impermissible reasons.
Tenured Teachers
Administrative Obligations Observe staff Evaluate performance Identify deficiencies Make suggestions for improvement P id continued Provide ti d assistance it Improvement (assistance) plan? Respond to complaints Investigate g concerns Give appropriate warnings
Board Decision Tenured Teachers
ďƒ˜ Decision D i i by b majority j it off the th members b of the board ((4 on a 6-member board) ďƒ˜ The board may amend or terminate nonrenew the contract of a tenured teacher for just cause.
Role of Attorneys y
Administration=s Attorneyy Should be a personnel specialist Works with administration through the year Guides administrators regarding: • The law • Hearing process • Practical experience
Preparing p g For Hearing g Initial notice of proposed action Request for hearing Interview witnesses Assemble documents Prepare hearing notice Set hearing date and time Hire court reporter
Preparing p g For Hearing g Secure a hearing officer Publish notice and agenda Set up the hearing room Prepare proposed findings of fact Consider settlement (throughout)
Board=s Attorneyy Advises the board Runs the hearing (with the approval of the board) Rules on admissibilityy of evidence Rules on procedural issues and attorneys’ objections Assists the board with preparing findings of fact
What The Employee=s Attorney Looks For
Compliance p With Statutes
Compliance With Policies and Regulations
Evidence of Assistance
Prompt p Identification Of Deficiencies
Inconsistencyy
Contradictoryy Evidence
Lapses p and Delays y
Fairness
Last Minute Complaints
Prompt p Notice of Relevant Communications
Time to Improve p
The Hearingg
The Hearing Open the meeting Call the roll Take customary actions Introduce the board attorney (hearing officer) who will Explain the hearing process Discuss initial matters Ask for opening statements
The Hearing Administration’s presentation • Direct Di t examination i ti (testimony) (t ti ) • Cross examination Teacher’s presentation • Direct examination (testimony) • Cross examination Rebuttal evidence Closing arguments Board deliberation
The School Board As Judge g and Juryy Sponsored by the NASB
Kelley Baker, Baker Karen Haase Steve Williams, and Bobby Truhe kbaker@hslegalfirm.com @ g / khaase@hsdlegalfirm.com @ g swilliams@hslegalfirm.com / btruhe@hslegalfirm.com H & S School Law @KarenHaase @btruhe