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 HuskersI don’t know anything about the coaching change other than press reportsI 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 cultureWaiting longer is not good for anyoneTNTP: “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 kidDon’t dismiss the supporters’ experiences – they may be legitDon’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 rollercoasterBoards: Avoid “coffee shop talk” whenever possible

The Termination Decision

The Termination Decision

It’s A Lot Harder to Fire a TeacherEven probationary teachers get notice and a hearing before the board of educationTenured 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)

Committee Recommendation• Cannot be a quorum• Cannot make policy or “decisions”

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)

Committee Recommendation• Cannot be a quorum• Cannot make policy or “decisions”

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 Materials84-712.05(15) allows board to withhold non-finalists applications Does not REQUIRE them to be confidentialNeb. 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?