October 16, 2024
Part 6

Legal Update on Employee Performance Standards in Wisconsin School Districts: Hot Tip #7

WASDA Conference Legal Update Education Lawyer

Welcome to the final installment of our legal update series, which is based on Kirk Strang’s presentation at the WASDA Spring Conference. Thus far, we’ve covered the following legal updates …

Next up, we’re sharing Kirk’s final tip that examines evaluation goals & confidentiality, as well as volunteer standards.

Hot Tip #7

COVER THESE SUBJECTS

Adorn contracts and policies with language stating that the district shall determine whether its standards are met and performance is at an acceptable level.

  1. Contracts
  2. Policies
  3. Handbook

EVALUATIONS: IN GENERAL

Techniques to Strengthen Evaluations and Their Utility

  1. The written word is more powerful than the forms we use. Every evaluation that seeks nonrenewal should be accompanied by written commentary.
  2. Use facts to inform your statements. A conclusory evaluation tells the reader very little. It also tells a reviewing judge very little.
  3. Before and after documentation: We told you that we would review this, and we did review it. Here is what we considered to review it. Here is what we decided.
  4. Identify and develop weaknesses (much like reviewing with a witness).

Evaluation Goals

  1. Employee improvement.
  2. Documenting limitations and counseling about those limits.
  3. Imparting goals for the individual, building, and district.
  4. Rewarding performance and sanctioning poor performance.

NOTE: Generally, these are models for teacher nonrenewal or staff dismissal.

Confidentiality of Evaluations

  1. Pursuant to Wis. Stat. § 19.36(10)(d), information used by an authority for staff management planning, including employee performance evaluations, cannot be disclosed to a requester under Wisconsin’s Public Records Law.
    1. The Attorney General has indicated that the evaluation of a local public office holder is likely to be subject to disclosure. 
    2. However, there is a public interest in not disclosing the evaluations of an employee who is not a local public officer holder, such as a teacher.
    3. Evaluations under Educator Effectiveness are confidential and cannot be disclosed.
  2. Note that this exemption does not apply to investigations into an employee’s misconduct. The Wisconsin Court of Appeals held in 2006 that Wis. Stat. § 19.36(10)(d) does not apply to records of investigations into alleged employee misconduct and does not create a blanket exemption for disciplinary and misconduct investigation records.

Volunteers

STANDARDS

  1. Volunteers have no expectation of continued service with the district. Volunteers may be terminated at any time, without cause.
  2. Identify in board policy the district official who may terminate a volunteer’s service (e.g., the building principal, athletic director, and/or superintendent).
  3. Do not create (by policy, handbook, or written agreement) a standard that must be met in order to terminate a volunteer.

This concludes our series on Kirk’s hot tips. We hope you find them useful!

Additional articles that may be of interest: