School boards don’t get to play Big Brother with staff evaluations; administrators are hired for a reason. But that doesn’t mean administrators get a free pass. How can boards ensure evaluations are happening without violating privacy?
Evaluation Requirements in South Dakota
South Dakota law sets clear guidelines for the evaluation of teachers who hold certificates from the South Dakota Department of Education.
Nontenured staff (those in years one through three) must be evaluated not less than annually. Some negotiated agreements change this requirement to each semester.
Tenured staff (teachers in their fourth contract year or beyond) are to be evaluated not less than every other year. However, check your negotiated agreement as many provide yearly evaluations.
Principals and assistant principals must be evaluated at least once per year for the first four years of employment with a district and at least every other year thereafter.
Key Deadlines for Boards & Teachers
April 15: Deadline for non-renewal notices. Teachers in years 1-3 of a consecutive term of employment, may be nonrenewed for any reason without further process. When a teacher is in year 4 or beyond, just cause for termination must exist with an opportunity for a hearing. After April 15, the district is automatically required to employ the teacher next year unless the district has issued notice of nonrenewal to the teacher by that date.
April 15 applies to teachers too! After this date, teachers are contractually locked in regardless of whether they have signed and returned a contract unless they resigned earlier or your board policy/negotiated agreement allows late resignations/liquidated damages.
Accountability Without Overreach
Boards can’t review evaluations in anticipation of these deadlines, but they can require proof that the evaluations are happening. By the same token, administrators don’t get the chance to share the results of the hours they spend on great staff evaluation, but administrators can ensure that the board knows that they’ve completed this vital work. As an example of how this accountability can occur, we’ve created sample spreadsheets as a board-accessible tracking tool that can be shared by the administration in a board report without violating confidentiality. Cells gray out based on tenure status and whether a tenured teacher is on- or off-cycle, making it easy to verify compliance. If you would like to see a copy of the spreadsheet, fill out this Google form and we’ll email you the spreadsheet that corresponds with your board’s policies. (We promise we won’t use your email from this sheet for any other purpose!) Also, South Dakota schools need to check their negotiated agreement as your mileage may vary for these spreadsheets.
We are constantly trying to find new ways to make the lives of school boards, administrators, and the education community easier. If you have questions about these spreadsheets, or if you would like them customized to your district, let us know. And if you have questions about the evaluation and contract renewal process generally, we’re happy to help. Please call us at (402) 804-8000 or email ksb@ksbschoollaw.com if you have any questions.