1. Boardsmanship for the Wood River Board of Education Karen Haase (402) 804-8000 karen@ksbschoollaw.com KSB School Law @KarenHaase

2. Source of Board Authority  The Legislature created school districts and boards of education They are “creatures of statute They have considerable discretion, but... They may do only what they are statutorily authorized to do or have implied authority to do

3. Boards As Education Leaders

4. New England School Development Council  Selected districts with high and low levels of student achievement  Interviewed board members, staff patrons to see if boards behaved differently in high-performing districts  Found six clear characteristics of boards with high student achievement

5. Panasonic Foundation  Works with at-risk districts  Have discovered that changing school board culture is key to changing student achievement  Published a guide identifying habits of effective and ineffective boards based solely on student performance

6. Iowa Lighthouse Project  Used interviews to identify “stuck” and “moving” boards  Members of both types expressed desire to help students  Community and staff mimicked board attitudes  Provided training to “stuck boards”  Participants posted significant gains in student achievement on state tests

7. Behaviors of Boards that Increase Achievement 1.High collaboration 2.High communication 3.Shared knowledge and understanding of roles 4.Focus on defined and specific vision 5.Accountability for board members, superintendent and staff 6.Short regular meetings supplemented by regular retreats, workshops, etc.

9. Behaviors of Boards that Increase Achievement 1. High collaboration Number 1 predictor of board supporting student success Among board members Between board and superintendent Between board and staff  Increasing collaboration Remember: 1 = 0 Healthy vs. Unhealthy conflict Postponing decisions if necessary Sidestep diversions

10. Behaviors of Boards that Increase Achievement 2. High communication Driven in large part by board president and superintendent If collaboration isn’t working, ask for more communication Board members must make needs known BUT remember the Open Meetings Act

11. Behaviors of Boards that Increase Achievement 3. Shared knowledge and understanding of roles Board as: −rubber stamp v. micromanager −overseer v. director −governor v. coleaders Superintendent as: −retained expert v. shareholder −manager v. leader

12. Behaviors of Boards that Increase Achievement 4. Focus on defined and specific vision More than a slogan Most important ingredient Examples of using vision −Board president reading aloud before every meeting −Use it to build agendas −Ask: could this be Gibbon’s vision?

14. Behaviors of Boards that Increase Achievement 5. Accountability for board members, superintendent & staff Board members −Members should evaluate themselves and each other −Benchmarks? Superintendent −Targets beyond first few years −MUST be clear and honest Staff −Personnel section next

15. Behaviors of Boards that Increase Achievement 6. Short regular meetings supplemented by regular retreats, workshops, etc. Be relentless in building your agenda Are you leading, governing or managing *Again, remember the open meetings act

16. Board’s Role in Personnel

17. The Widget Effect  2009 Study conducted by The New Teacher Project  Surveyed 15,000 teachers and 1,300 principals in 12 school districts,  Conclusion: Schools treat teachers as interchangeable parts, rather than individual professionals http://widgeteffect.org/downloads/TheWidgetEffe ct.pdf

18. The Widget Effect  How evaluation systems reflect and codify the “Widget Effect” All teachers are rated good or great. Excellence goes unrecognized. Professional development is inadequate. No special attention to novices Poor performance goes unaddressed

20. Statutory Terms  Probationary - certificated employee served 3 FTE years or less  Tenured - certificated employee served more than 3 FTE years  Continuing contract - certificated employee’s contract renews automatically unless given notice that complies with statute and board policy

21. Discharge  Nonrenew - discharge probationary employee at end of year  Terminate - discharge tenured employee at end of year  Cancel - discharge certificated employee mid-contract

22. Board’s Duties  Set board policy regarding instructional standards E.g. APL, Marazano E.g. “21 st Century Learning”  Adopt an evaluation instrument  Support administration in upholding those standards

23. Administrators’ Duties  Carry out board policy regarding instruction  Direct, supervise and evaluate staff using the board’s instrument  Communicate with board about efforts to implement standards

25. Board’s Duties  oversight vs. micromanagement  Board’s role = “what” Community values, vision priorities, policies  Administration’s role = “how” Strategies, tactics and techniques  Examples Field trips Calendar Coaches and sponsors

27. Statutory Entitlement Probationary Employee  Observation and evaluation once each semester Full instructional period List of deficiencies Suggestions for improvement Follow-up evaluations and assistance

28. Tenured Teachers  Incompetence  Neglect of duty  Unprofessional conduct  Insubordination  Immorality  Physical or mental incapacity  Other conduct Seven Deadly Sins

29. Probationary Hearing  Conducted before the board  Supposedly informal  “Discuss and explain” position on continuing employment  Board decision may be for any reason except unconstitutional one  Majority of quorum sufficient

30. Tenured Teacher Hearing  Notice of possible termination  7 days to request hearing  Hearing within 30 days  5-day notice before hearing Charges Names of witnesses Substance of testimony Documents

31. In Employment Matters  Board members should remain impartial Nebraska Supreme Court: the hearing “should be before a tribunal that both possesses some academic expertise and has an apparent impartiality toward the charges.”

32. In Employment Matters  Board members should: Not investigate Not express opinions 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

34. Sanders v. Board of Ed. (1978)  Tenured PE teacher at South Sioux  Evaluations marked as “good” or “excellent” in all categories until 1975-76  1975-76 marked as “needs improvement” in two categories: classroom control and student participation  Board voted to consider termination based on incompetency, neglect of duty, inability to control students and poor preservation of equipment

35. Sanders v. Board of Ed. (1978)  At hearing Superintendent Assistant Principal Principal  Nebraska Supreme Court Teacher had not violated any rule or order No area of performance rated as “unacceptable” Teacher “not performing below the standards required of other teachers”

36. Davis v. Board of Ed. (1979)  Tenured teacher at Calloway  Administration recommended termination, board terminated after a hearing  At hearing Superintendent Principal Other witnesses all supported Ms. Davis

37. Davis v. Board of Ed. (1979)  Nebraska Supreme Court Sanders not applicable because here “the expert witness charged with the duty of evaluating the performance of the teacher” testified that she was not meeting standards Both administrators stated that teacher had neglected her duties, their expert opinion sufficient as a matter of law

38. Hollingsworth v. Board of Ed. (1981)  Tenured Life Science teacher from Alliance  Received good evaluations, but didn’t fit in with staff and students Had conflict with another coach Students harassed Parents complained Principal asked teacher for his resignation 1/31 Afterwards, increase in discipline, student survey, complaints about BO and bad breath

39. Hollingsworth v. Board of Ed. (1981)  Nebraska Supreme Court All evaluations good “There is nothing in the record to reveal what prompted the decision to ask for his resignation on January 31. It does appear that, from that date forward, the administration commenced a systematic and diligent search for evidence which would justify the decision which had already been reached. That search has failed.”

40. Schultz v. Board of Ed. (1982)  Elementary tenured teacher in Fremont  Testimony at hearing Superintendent Elementary supervisor Principal Parents

41. Schultz v. Board of Ed. (1982)  Nebraska Supreme Court: Testimony of parents insufficient, even with medical complaints (“unsupported conclusions at best”) “In view of the fact that Mrs. Schultz continued to receive above average ratings during the entire time she taught... we are at a loss to see how Mrs. Schultz could be found to be incompetent.”

42. Dealing with Complaints  Have a complaint procedure  Require complainants to follow it  Refer them to appropriate person  Give administrators opportunity to: Investigate Respond Don’t take responsibility for resolving the complaint Don’t make promises

43. Tenured Teachers Administrative Obligations  Observe staff  Evaluate performance  Identify deficiencies  Make suggestions for improvement  Provide continued assistance  Improvement (assistance) plan?  Respond to complaints  Investigate concerns  Give appropriate warnings

45. Boardsmanship for the Wood River Board of Education Karen Haase (402) 804-8000 karen@ksbschoollaw.com KSB School Law @KarenHaase