ERIC Number: EJ1016434
Record Type: Journal
Publication Date: 2013-Mar
Teacher Evaluation: A Case of "Loreful" Leadership
Zirkel, Perry A.
Principal Leadership, v13 n7 p46-48, 50 Mar 2013
Educators and the public believe that it is exceedingly difficult to terminate incompetent teachers because of their legal protections in federal civil rights law, state tenure laws, and--even for states that do not have tenure laws-- the procedural and substantive requirements that are specific to performance evaluation in state and local policies. Under the current versions of school reform, which put a high priority on high-quality teachers and student achievement test results, evaluation for the purposes of merit pay or, more generally, continuing employment, has received renewed attention. Do the court decisions concerning dismissal on the basis of teacher evaluation support the common conception that school district leaders face an exceedingly high hurdle? Does the case law suggest that revised teacher evaluation systems that have more daunting criteria and rigorous procedures--such as student test scores and more frequent observations--are unlikely to withstand challenges in court? Most of the literature in the education field is normative, providing relatively high standards for teacher evaluation. Such best-practice views either inadvertently or deliberately skew the state of the law in an effort to be proactive and to minimize false negatives--that is, indefensible dismissals for incompetent performance according to procedural or substantive problems with a teacher's evaluation. The legal realities may be different; the synthesis presented in this article is based on an objective, exhaustive, up-to-date, and systematic review of the case law during the past three decades.
Descriptors: Teacher Evaluation, Educational Change, Teacher Effectiveness, Court Litigation, Standards, Best Practices, Compliance (Legal), Principals, Elementary School Teachers, Secondary School Teachers, Academic Achievement
National Association of Secondary School Principals. 1904 Association Drive, Reston, VA 20191-1537. Tel: 800-253-7746; Tel: 703-860-0200; Fax: 703-620-6534; Web site: http://www.principals.org
Publication Type: Journal Articles; Reports - Evaluative; Information Analyses
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Brown v Board of Education
Grant or Contract Numbers: N/A