School boards don’t get to play Big Brother with staff evaluations—they’re confidential for good reason. But that doesn’t mean administrators get a free pass. How can boards ensure evaluations are happening without violating privacy?
Evaluation Requirements in Nebraska
Nebraska law sets clear guidelines for the evaluation of staff members who hold certificates from the Nebraska Department of Education.
Probationary staff (those in their first three full years) must be evaluated each semester.
Tenured staff are evaluated per board policy—some annually, others on a 2-3 year cycle.
Other certificated staff, including principals, counselors, social workers, and media specialists, must be evaluated under the same tenure laws.
Key Deadlines for Boards & Teachers
March 15: Is the earliest date districts can require teachers to return binding renewal agreements or new contracts for the next school year. Given the significant teacher shortage in Nebraska, we have many districts who utilize the March 15 renewal deadline. Be careful, however, as the teacher who returns his/her contract or renewal agreement on March 15 can argue that the district is also required to employ the teacher next year – in other words, if you are considering nonrenewal or termination, do NOT issue a contract or renewal agreement with a March 15 return date to that staff member.
April 15: Deadline for non-renewal or termination notices. After this date, the district is automatically required to employ the teacher next year unless the district has issued notice of nonrenewal or termination 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. If so, it’s time to change that.
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!)
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.