The School BoardAs Judge and Juryg y

Sponsored by the NASB

Kelley Baker Karen HaaseKelley Baker, Karen Haase Steve Williams, and Bobby Truhe

kbaker@hslegalfirm.com / khaase@hsdlegalfirm.com@ g @ gswilliams@hslegalfirm.com / btruhe@hslegalfirm.com

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 and Firingg g

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.

Role of Attorneysy

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

What The Employee=s Attorney Looks For

Compliance With Statutesp

Compliance With Policies and Regulations

Evidence of AssistanceEvidence of Assistance

Prompt Identification Of pDeficiencies

Inconsistencyy

Contradictory Evidencey

Lapses and Delaysp y

Fairness

Last Minute Complaints

Prompt Notice of Relevant pCommunications

Time to Improvep

The Hearingg

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

kbaker@hslegalfirm.com / khaase@hsdlegalfirm.com@ g @ gswilliams@hslegalfirm.com / btruhe@hslegalfirm.com

H & S School LawH & S School Law@KarenHaase @btruhe