In Connecticut Schools, Strange Law Fosters Strange Secrecy

by Categorized: Education, Employment, First Amendment, Government, Non-profits, Politics, Transparency/FOI, Uncategorized Date:

The folks who run the state university and college system have decided to reward top performers by taking more than half a million dollars in taxpayer funds and distributing it as merit raises to some or all of 279 eligible managers and administrators.

And as my colleague Kathy Megan reported, education officials are declining, for now at least, to tell the public which of the public’s employees have been awarded additional chunks of the public’s money. In fact, they say, it would violate state law to do so.

That assertion has not been tested by the Freedom of Information Commission or the courts. topsecretBut it is the latest strange outcome of a strange series of laws that have kept taxpayers in the dark about teacher evaluations for nearly 30 years.

It began, somewhat fittingly, in 1984, with the passage of a law titled “Nondisclosure of records of teacher performance and evaluation,” which made teacher evaluations in local public schools exempt from the state’s Freedom of Information Act. The law was pitched, in the words of a later court case, as a way to “prevent parents from ‘teacher shopping’ in public schools by looking at evaluations and then demanding that their children be placed with one specific teacher.”

Remember before 1984, when hordes of parents would crowd into Main Offices across the state, poring over every 2nd Grade teachers’ evals before demanding that their child’s schedule be customized accordingly?

Me neither.

Parents, of course, have never needed to scour performance reviews to know who the great teachers are in their schools. But even if tamping down on teacher-shopping were the true intent of the law, let’s dig a little deeper into the statutory language. The law protects “records of teacher performance and evaluation.” But the legislature then added this bit of linguistic gymnastics: “For the purposes of this section, ‘teacher’ includes each certified professional employee below the rank of superintendent.”

This, presumably, was intended to stem the epidemic of parents engaging in principal-shopping and librarian-shopping and assistant-superintendent-shopping, as all of their performance evaluations were placed off-limits as well.

The bottom line of that strangely expansive language is that in a state with more than 51,000 certified public-school educators, the people of Connecticut are entitled to review the performance of exactly 166 of them.

The 1984 law covered only K-12 schools. But that didn’t last.

Five years later, professors in the state’s higher education system decided they’d like the same sort of confidentiality enjoyed by their elementary and high school colleagues. So a nearly identically worded statute was put on the books blocking public access to performance records for the faculty and professional staff at UConn, the state university system and the state’s technical colleges.

It is unlikely that law was passed to prevent students from “professor-shopping” and trying to secure a spot with the best teachers, since that is exactly what students do when registering for classes in college.

In the current controversy, the state will ultimately reveal which employees received merit raises and in what amounts; at worst, that information will be deducible once new paychecks – which are public records – start going out.

But if you were curious, for example, about what any particular employee did to earn, say, the maximum merit increase, then sorry – it’s the official policy of the state of Connecticut that taxpayers have no business asking.

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7 thoughts on “In Connecticut Schools, Strange Law Fosters Strange Secrecy

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