nrsca 11th hour personnel
DESCRIPTION
Sponsored by the NASB H&SSchoolLaw H & S School Law @KarenHaase@BobbyTruhe KelleyBakerKarenHaase Kelley Baker, Karen Haase Steve Williams, and Bobby Truhe [email protected] / [email protected] @ g @ g [email protected] / [email protected]TRANSCRIPT
The School BoardAs Judge and Juryg y
Sponsored by the NASB
Kelley Baker Karen HaaseKelley Baker, Karen Haase Steve Williams, and Bobby Truhe
[email protected] / [email protected]@ g @ [email protected] / [email protected]
H & S School LawH & S School Law@KarenHaase @BobbyTruhe
Source of Board AuthorityyThe Legislature created school gdistricts and boards of education
• They are “creatures of statute• They are “creatures of statute• They have considerable discretion, y
but . . .• They may do only what they are• They may do only what they are
statutorily authorized to do or have implied authority to do
Board ResponsibilitiespAdopt policies Establish curriculum Engage in bargainingg g g g In a hearing
• Hear evidence• Hear evidence• Make decision based on evidence• Issue written findings of fact
In Employment Mattersp y Board members should remain impartial
• Nebraska Supreme Court: the phearing “should be before a tribunal that both possesses some academicthat both possesses some academic expertise and has an apparent impartiality toward the charges.”
In Employment Mattersp y Board members should:
• Not investigate• Not express opinionsp p• Direct people to the superintendent
Administration initiates the noticeAdministration initiates the notice Board responsible for action only:
• If the case goes to hearing• Teacher fails to request a hearingTeacher fails to request a hearing
Dealing with Complaintsg pHave a complaint procedureRequire complainants to follow itRefer them to appropriate personpp p pGive administrators opportunity to:
• Investigate• Investigate• Respond• Don’t take responsibility for
resolving the complaintresolving the complaint• Don’t make promises
Hiring Certified Employeesg p yBoard is the statutory employerBoard acts on administrative
recommendationsrecommendationsBoard takes action to hire Hiring requires a majority vote of
board (4 votes on a 6-memberboard (4 votes on a 6-member board)
Probationary Teacher RightsStatute and Rule 10
Evaluated once each semester Evaluated once each semester Based on classroom observation Observed for “full instructional
period”period Written list of deficiencies C t ti f i t Concrete suggestions for improvement Assistance in overcoming deficiencies Follow up evaluations and assistance
Probationary Teacher Rightsy gNotice by April 15 7 calendar days to request a hearingHearing within 30 calendar daysHearing within 30 calendar daysNotice of employment-related reasonsRi ht t b t dRight to be representedRight to discuss reasonsgRight to question witnessesRight to present evidenceRight to present evidence
Board DecisionProbationary Teachers
D i i b j it fDecision by majority of a quorum The board may amend or nonrenew y
the contract of a probationary teacher for any reason it deems sufficient iffor any reason it deems sufficient if the nonrenewal is in accordance with sections 79-824 to 79-842 and is not for constitutionally impermissiblefor constitutionally impermissible reasons.
Tenured TeachersAdministrative Obligations
Observe staff Observe staff Evaluate performance Identify deficiencies Identify deficiencies Make suggestions for improvement P id ti d i t Provide continued assistance Improvement (assistance) plan? Respond to complaints Investigate concernsg Give appropriate warnings
Board DecisionTenured Teachers
D i i b j it f th bDecision by majority of the members of the board (4 on a 6-member (board)
The board may amend or terminateThe board may amend or terminate nonrenew the contract of a tenured teacher for just cause.
Administration=s AttorneyyShould be a personnel specialistWorks with administration through
the yearthe yearGuides administrators regarding:
• The law• Hearing processHearing process• Practical experience
Preparing For Hearingp g g Initial notice of proposed actionRequest for hearing Interview witnesses Interview witnessesAssemble documentsPrepare hearing noticeSet hearing date and timeSet hearing date and timeHire court reporter
Preparing For Hearingp g gSecure a hearing officerPublish notice and agendaSet up the hearing roomSet up the hearing roomPrepare proposed findings of factConsider settlement (throughout)
Board=s AttorneyyAdvises the boardRuns the hearing (with the
approval of the board)approval of the board)Rules on admissibility of evidenceyRules on procedural issues and
attorneys’ objectionsattorneys’ objections Assists the board with preparing
findings of fact
The HearingOpen the meeting Call the rollTake customary actionsTake customary actions Introduce the board attorney
(hearing officer) who willExplain the hearing processExplain the hearing processDiscuss initial mattersAsk for opening statements
The HearingAdministration’s presentation
Di t i ti (t ti )• Direct examination (testimony)• Cross examination
Teacher’s presentation• Direct examination (testimony)• Direct examination (testimony)• Cross examination
Rebuttal evidence Closing argumentsClosing arguments Board deliberation
The School BoardAs Judge and Juryg y
Sponsored by the NASB
Kelley Baker Karen HaaseKelley Baker, Karen Haase Steve Williams, and Bobby Truhe
[email protected] / [email protected]@ g @ [email protected] / [email protected]
H & S School LawH & S School Law@KarenHaase @btruhe