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Legal presenters caution board against second-guessing school administrators on professional judgments and warn on handling confidential matters
Summary
At the March 6 work session legal counsel advised the Lincoln County Board of Education that courts generally prohibit boards and individual members from overruling professional judgments by principals or superintendents on disciplinary and instructional matters, and warned members about misuse of confidential information.
Speakers at a March 6 Lincoln County work session advised board members not to "second-guess" principals or substitute the board's judgment for professional educators on discipline, instruction and other personnel matters, and cautioned about the handling of confidential information.
Attorney Howard Souffer said courts have held that boards generally do not supervise the professional work of teachers, principals and superintendents and that "the law clearly contemplates that professionally trained teachers, principals, and superintendents shall have exclusive control of these matters." He gave an example where a principal's suspension decision could not be overturned by a board motion and said certain disciplinary matters (for example expulsions) that are subject to statutory hearing procedures remain within the board's responsibilities only when the law specifically assigns them.
Souffer and Brown also stressed the confidentiality obligations that attend some information received by board members in executive session or personnel matters. Souffer warned members against disclosing confidential personnel information or using confidential facts to benefit themselves or relatives; he said the Ethics Commission has issued interpretations that treat misuse of confidential information as an ethics concern.
Presenters advised that when a delegation raises a personnel complaint during public comment, the board should not debate the merits at the meeting but should ask clarifying questions only and refer the complaint to the superintendent for follow-up. They recommended the superintendent be the communication channel to staff so employees receive consistent, lawful directives.
