Employment Reference Response Strategies in K–12 Schools: Harmonizing Policies and Practices with Ethical Standards and Professional Responsibilities

Many employers are reluctant to provide substantive information about former or departing employees because they fear the possibility of being sued for defamation. At the same time, prospective employers have a responsibility to discover all they can from former employers about candidates being considered to fill job vacancies. This article examines the legal and ethical issues that arise when K–12 administrators give employee references to prospective employers. Administrators may be surprised to learn that a common law privilege is available in many jurisdictions that shields employers from defamation claims when they respond in good faith to a request for an employee reference. In other states, statutes protect administrators from lawsuits based on the employee references they give. Moreover, the number of school administrators who have been successfully sued for giving an employee reference is quite small. In light of the ethical implications when a school district fails to inform prospective employers about a departing or former employees deficiencies, it makes sense to take employment references seriously. The article concludes with specific suggestions that school administrators can take to minimize legal and ethical complications when giving employee references.     

Employment Reference Response Strategies in K–12 Schools: Harmonizing Policies and Practices with Ethical Standards and Professional Responsibilities

This article describes Teacher Work Sample Methodology (TWSM) as one piece of an in-place accountability system for the initial preparation and licensure of teachers that includes evidence of student learning. The underlying tenets of both the methodology specifically and the notion of accountability systems generally are explored from the perspective of using evidence of student learning. This discussion includes the argument that teacher do indeed influence student learning and thus can ethically be part of an accountability system. However, the author also argues that the teaching and learning context is important and must be taken into account within such systems. The author also describes why, especially at the preservice level, the notion of accountability is part of a broader “social contract.” Finally, the author argues that the aim of any accountability system should be to develop personal, professional responsibility rather than to develop an external hammer for performance. A summary of the differences TWSM has made at the individual teacher level and within the institution, the state, and the nation generally is presented. The author concludes that the intended impact of the system—to develop personal, professional responsibility—has been largely achieved.