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 …
- Performance Standards
- Hot Tips #1 & 2
- #1: Make the PIP work for you
- #2: Require the subject of the Performance Improvement Plan to prepare written reports
- Hot Tip #3: Teacher Evaluations and Writing an Essay
- Hot Tip #4: Manage the Form, Teacher Evaluations, and More
- Hot Tips #5 &6
- #5: Make the employment contract work
- #6: Review and regulate use of technology NOW
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.
- Contracts
- Policies
- Handbook
EVALUATIONS: IN GENERAL
Techniques to Strengthen Evaluations and Their Utility
- The written word is more powerful than the forms we use. Every evaluation that seeks nonrenewal should be accompanied by written commentary.
- Use facts to inform your statements. A conclusory evaluation tells the reader very little. It also tells a reviewing judge very little.
- 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.
- Identify and develop weaknesses (much like reviewing with a witness).
Evaluation Goals
- Employee improvement.
- Documenting limitations and counseling about those limits.
- Imparting goals for the individual, building, and district.
- Rewarding performance and sanctioning poor performance.
NOTE: Generally, these are models for teacher nonrenewal or staff dismissal.
Confidentiality of Evaluations
- 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.
- The Attorney General has indicated that the evaluation of a local public office holder is likely to be subject to disclosure.
- 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.
- Evaluations under Educator Effectiveness are confidential and cannot be disclosed.
- 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
- Volunteers have no expectation of continued service with the district. Volunteers may be terminated at any time, without cause.
- Identify in board policy the district official who may terminate a volunteer’s service (e.g., the building principal, athletic director, and/or superintendent).
- 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: