By Attorney Thomas B. Mooney, Neag School of Education, University of Connecticut

The “Legal Mailbag Question of the Week” is a regular feature of the CAS Weekly NewsBlast. We invite readers to submit short, law-related questions of practical concern to school administrators. Each week, we will select a question and publish an answer. While these answers cannot be considered formal legal advice, they may be of help to you and your colleagues. We may edit your questions, and we will not identify the authors.

Please submit your questions to: legalmailbagcasciacorg.
 
 

Dear Legal Mailbag:

I am an assistant principal at a middle school. The other day I was in the teachers’ lounge shooting the breeze with a teacher who is active with our local teachers union. I told him that we really need to change the teacher evaluation program because its inflexible rating system permits mediocre teachers to skate through. I was not surprised by his vehement response (and maybe I was baiting him a little bit). But I was surprised by his claim that I should give up because the union would never agree to change the evaluation plan.

Does the union really have the right to prevent us from changing our evaluation plan? I would hate to waste my time advocating changes in the plan if the union really has a veto right over the wonderful changes that I would like to recommend.

Thank you,
What Me Judgmental?
 

Dear Judgmental:

The local teachers union has a role to play in the development, review, and revision of the teacher evaluation and support program. But the applicable statutes give the board of education the final say over the teacher evaluation and support program. Consequently, do not be discouraged by predictions of a union veto. If you have concerns about the current teacher evaluation plan, share those concerns with the professional development and evaluation committee, which should be operating in your district. In addition, share your concerns with your superintendent. The statutes contemplate that your district’s teacher evaluation and support program should be reviewed and revised regularly and, in undertaking that review, the professional development and evaluation committee should have the benefit of concerns and suggestions that you and others who must implement the plan may have.

The development of the teacher evaluation and support program starts with the appointment of the professional development and evaluation committee. Conn. Gen. Stat. § 10-220a(b) sets out requirements for the appointment of this committee:

Such professional development and evaluation committee shall consist of (1) at least one teacher, as defined in subsection (a) of section 10-144d, selected by the exclusive bargaining representative for certified employees chosen pursuant to section 10-153b, (2) at least one administrator, as defined in subsection (a) of section 10-144e, selected by the exclusive bargaining representative for certified employees chosen pursuant to section 10-153b, and (3) such other school personnel as the board deems appropriate.

As you will note, the board of education must include at least one teacher chosen by the teachers’ union and one administrator chosen by the administrators’ union, but the board of education can otherwise determine who sits on this committee. Moreover, Conn. Gen. Stat. § 10-153d(b) expressly provides that boards of education do not have to negotiate with the teachers (or administrators) union over “the development or adoption of teacher evaluation and support programs, pursuant to section 10-151b.”

Conn. Gen. Stat. § 10-151b describes how the teacher evaluation and support program must be developed. In the first instance, the program may be adopted by mutual agreement between the professional development and evaluation committee and the board of education. Thus, if the committee proposes an effective program, the board of education can simply adopt the program. However, the board need not accept whatever program the professional development and evaluation committee comes up with. If it does not wish to accept the program as presented, the board of education can ask the professional development and evaluation committee to adopt the model teacher evaluation program adopted by the State Board of Education. Moreover, if the professional development and evaluation committee does not wish to accept the model program, the board of education has the final authority to adopt a teacher evaluation and support program, as long as it is consistent with the guidelines for teacher evaluation and support adopted by the State Board of Education in accordance with Conn. Gen. Stat. § 10-151b(c).

Significantly, the adoption of a teacher evaluation and support program is not the end of the story. In describing the duties of the professional development and evaluation committee, Conn. Gen. Stat. § 10-220a(b) provides that the committee shall “participat[e] in the development or adoption of a teacher evaluation and support program for the district, pursuant to section 10-151b,” and it further provides that the duties of the committee include developing a professional development plan that provides for the “ongoing and systematic assessment and improvement of both teacher evaluation and professional development of the professional staff members of each such board.” Accordingly, the committee should be reviewing the teacher evaluation and support program annually, and you should share your suggestions for improving the plan with both the committee and the superintendent.

Finally, while you and others work to improve your district’s teacher evaluation and support program, you must be careful to comply with the requirements of the program that is in place. Conn. Gen. Stat. § 10-151b(a) provides that “Claims of failure to follow the established procedures of such teacher evaluation and support program shall be subject to the grievance procedure in collective bargaining agreements negotiated subsequent to July 1, 2004.” You are clearly judgmental in the best sense of the word, and you want the evaluations that you conduct to be effective. By assuring that you follow the procedural requirements of your local plan, you will avoid having your good work be subject to challenge through the grievance procedure.