Legal Report

LEGAL TIPS TO HELP PRINCIPALS STAY OUT OF TROUBLE

BY DENNIS PERGRAM

There seem to be several reoccurring issues that seem to place principals at risk of termination and/or result in investigation and possible discipline by the Ohio Department of Education. Grade Changes: Grade changes are a hot button issue with ODE, especially under certain circumstances. For example, a principal may decide to change a student’s grade because the principal is of the opinion that the grade that the student received from a teacher is based on inaccurate information or some other misunderstanding. Often there is no problem if the student, parent, teacher, and principal all agree that the student’s grade should be changed. The problem that can occur, and has occurred, is if the teacher disagrees with the grade change the principal decides to make. If you are faced with a situation where you expect that the teacher is in disagreement with the grade change, you should first consult with the superintendent and get the superintendent’s input and approval to make the grade change. Otherwise, you may be faced with an investigation by ODE. In those situations where a teacher files a complaint with ODE, it is very important that the principal has documented the basis for the grade change and it is even more helpful if the superintendent has approved the grade change. There are obviously other situations in which the grade change becomes very suspicious, such as a star athlete whose grade is changed, resulting in the athlete becoming eligible to participate. Once again, this is a situation that must be well documented and have the approval from the superintendent in the event there is an ODE inquiry. Emails and Text Messages: It is important to remember that the district computer and district cell phones are the property of the district and that emails and text messages thereby become district property. It is not uncommon for a district that is considering disciplining a principal to make a search of all of the emails that the principal has sent and received, as well as text messages. This has on occasion resulted in a principal being disciplined by his/her board and/or being disciplined by ODE. Consequently, it is important to remember that all such messages can result in discipline and, therefore, computers and cell phones should be used for school business only. to investigate the report of child abuse or neglect before making the report to Children Services or legal authorities. However, it is important to recognize that where there is a reasonable suspicion of child abuse or neglect, the law does not permit a principal to first make an investigation before reporting. The failure to comply with the law can result in the principal’s employment being terminated, license discipline, criminal charges, and civil damages.

Professional Behavior: Another issue that I have seen come up involves conversations between principals and co-workers, as well as teachers, during the school day in which the conversation becomes a little too relaxed to where comments may be made that are not intended to be sexual but may be interpreted to be sexual or at least offensive. Many times, the recipient of the communication reciprocates with the same type of language, thereby causing the principal to drop his/ her guard. Months and possibly years later, those conversations end up being resurrected if the board or ODE is looking to discipline a principal. Consequently, discussions in the workplace should always remain professional, even if you are discussing something with a person you perceive to be your friend. Your friend may be put in a position where they are asked about the conversations and being truthful, they will be revealing some things that you may have felt were confidential.

Romance Between a Principal and a Subordinate: While individuals may end up meeting their eventual spouse in the workplace, you must be very cautious and careful about having a romantic involvement with a subordinate, especially if the subordinate is a teacher that you have responsibility for evaluating. Under no circumstances should you evaluate anyone with whom you are presently having a romantic relationship or with whom you have had any such relationship in the past. Furthermore, you should make absolutely no recommendation as to the re-employment of any person with whom you are having a romantic relationship or with whom you have had any such relationship in the past. Further, emails and text messages between you and any such person can prove to be problematic, especially if the language used is not appropriate and the communications are occurring during the time that either of you should be on the job.

Reporting of Child Abuse and Neglect: The law requires principals and other mandatory reporters to immediately report suspected child abuse and neglect. It may be only natural for a principal to wish Dennis Pergram, legal counsel to OAESA, is a partner in the law firm of Manos, Martin & Pergram Co., LPA. He is a former chairperson of the Ohio State Bar Association School Law Committee and has practiced school law for over 30 years.

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