Recently Signed Legislation Allows for Changed Teacher Evaluation Systems
2011-12/13 Kevin J.T. Terry Printer Friendly PDF Version

Governor Walked has just signed Senate Bill 95 into law, which among other things, allows school boards to use the results of standardized examinations to evaluate teachers in ways not previously available to them.

Previously, the results of standardized examinations were not able to be used to discharge, suspend, or formally discipline a teacher or as the reason for the nonrenewal of a teacher’s contract.  This new legislation provides that the results of standardized examinations may not be used as the sole reason to discharge, suspend, or formally discipline a teacher or as the sole reason for the nonrenewal of a teacher’s contract.  In effect, districts are now able to incorporate these examination results into many employment decisions.

This bill also allows a school board to use the result of standardized examinations to evaluate teachers without the presence of the conditions imposed by the federal No Child Left Behind Act.  Previously, a school board was required to develop a teacher evaluation plan that included a description of the evaluation process, multiple criteria in addition to examination results, the rationale for using examination results for evaluating teachers, and an explanation of how the school board intends to use the evaluations to improve pupil academic achievement.  These conditions are no longer attached to teacher evaluations and school districts are able to be more creative and directed in the evaluation process.

Other Changes Affecting School Districts

Student Expulsions – School boards now have the ability to refuse to enroll a pupil during the term of a pupil’s expulsion from a public school in another state, if the grounds for the expulsion would have called for the expulsion in this state.  Further, school boards are able to refuse to enroll a pupil during the term of the pupil’s expulsion from an independent charter school if the charter or contract contains the grounds for expulsion and procedural requirements mirroring Wisconsin law.

The new law also permits a school board other than the school board that expelled a student to establish enrollment conditions for the student.  School boards frequently include early reinstatement conditions in an expulsion order issued for a student.  These “enrollment conditions” are defined as a condition that a student is required to meet before he or she may be granted conditional enrollment or a condition that a student is required to meet after his or her conditional enrollment but before the expiration of the term of expulsion.  The effect of this provision will be that school districts now have more flexibility when evaluating a new student wishing to enroll in the district but who also has been expelled from his previous school.  School boards will be able to create enrollment conditions for a new student that was expelled from another district in order to meet the needs of their district.

Special Education Services – The new law explicitly authorizes a school district to contract for a variety of services, including orientation and mobility training, educational interpreters, audiologists, speech therapists, pupil transition services, and any service approved by the State Superintendent of Public Instruction; and makes the costs of such a contract eligible for special education aid.

This new law also affects the SAGE contracts, student transportation costs, school libraries, credits for sports and law enforcement records. 

If you have any questions regarding how these legal changes affect your district, please contact Kevin Terry, the author of this article, or any of the attorneys in the School Districts and Educational Institutions Focus Team of Ruder Ware: Dean Dietrich, Steve Immel, Steve Lipowski, Randi Osberg, Ron Rutlin, Mary Ellen Schill, or Bryan Symes.

© 2011 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
This document provides information of a general nature regarding legislative or other legal developments. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed.