Communication Challenges for Superintendent's Assistant
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Communications Challenges for the
Superintendent’s Assistant
Communications Challenges for the
Superintendent’s Assistant
The role of a superintendent’s assistant:
The superintendent’s assistant.
The guardian of school district information.
The messenger of the district’s leadership.
The historian.
The kitchen cabinet.
The School Board Meeting
The “school board packet”:
The school board packet can include both open and closed session
materials.
Distribution through a board packet can change the “record” status
of a document.
Including closed session materials does not mean that they are now
open and available for inspection (distributing them in open session,
however, does mean that).
Pupil record information is not necessarily appropriate to share with
the school board, even if it is distributed in confidence (e.g., the
“legitimate educational interests, including safety interests”
standard.
The School Board Meeting
The meeting notice/agenda
Subject matter requirement.
Informing the “boilerplate” provisions.
Contingency planning for meeting location.
Closed session notices.
The School Board Meeting
Minutes of the meeting:
What must be in the minutes?
What is a good idea to include in minutes?
What is a really bad idea to include in minutes?
Closed and open session minutes.
Publishing proceedings of the school board.
The School Board Meeting
The expulsion hearing:
The public notice should include Wis. Stat. § 19.85(1)(f)
and
118.125.
The statutory language regarding the parents/pupils right to demand
a closed session creates false impressions. An expulsion hearing
cannot be in open session. Ever.
The 5 day notice rule does not include the day sent, but does include
the day of hearing.
The hearing notice can be sent by U.S. Mail. I send it both First Class
and Certified, and then to both the pupil and the parents/guardians.
You can notify the person identified as the guardian, but notify any
parents whose parental rights have not been terminated, no matter
where they live.
Pupil Records and Confidentiality
Pupil records are confidential unless a specific exception says otherwise.
School officials are members of the community and know things about kids
like any other member of the community. However, people (especially
parents) will presume that school officials are breaching pupil record
confidentiality any time they comment on or gossip about a student.
School officials can sometimes be held liable for breaching pupil record
confidentiality even in circumstances where it appears that discussing the
pupil openly was demanded by the parents.
Pupil records are, indeed, a variety of public records. The rules of handling
requests for those records are completely different, however, whether the
subject is fees for production, who has access, whether and how they are
redacted, and a host of other issues.
Records that are prepared for administrator, staff, or faculty members’
personal use are not pupil records. Records are almost never prepared solely
for personal use.
Pupil Records and Confidentiality
Memorandum prepared by a teacher concerning a student’s
classroom behavior.
Video of pupil going in and out of bathroom where a bomb scare note
was found.
Grades of students that are placed on the Honor Roll or Dean’s List.
Pupil Records and Confidentiality
The “personal use” exception isn’t the easiest exception to rely on,
especially when attempting to deny access to a record.
By claiming that it isn’t a pupil record, a school can actually make the
document easier to subpoena.
“Personal use” is almost always debated, because school personnel
write things down for professional reasons.
“Personal use” is hard to claim if the record has been used to
communicate with others or has been shared for professional
reasons.
Pupil Records and Confidentiality
A pupil expulsion hearing is always confidential. Language in state
statutes advising the pupil and parents of the right to demand a
closed session does not entail the right to demand an open session.
A school board cannot consider a confidential pupil matter at an
open board meeting, even if the parents demand that the issue be
addressed.
Courts do not have unfettered discretion to compel schools to
produce pupil records. Courts can, e.g., request progress records,
order production of dropout records, and privately review records to
determine whether they can be used to impeach witnesses.
Not every school employee or even every teacher of a student is
entitled to access their records.
Parents are entitled to specified pupil records and are not required to
pay for them.
Social Media and Internet Access to
the Superintendent’s Assistant
Your Facebook page, Pinterest, LinkedIn, and Twitter.
Pictures of you having a good time.
Pictures of you with people that don’t like the superintendent or the
school board.
Your online content: ask yourself if you seem like a gossip because of
how you present yourself online.
Your emails from a school district address.
Keeping Secrets With Records
File access and use of locks
Access logs and access procedures
Pupil records, personnel files, health records, and
investigation files
Marking records “confidential”
Disqualifying or restricting oneself where the
appearance of access is problematic (e.g., family)
Keeping Secrets With Messages
Passwords and changing passwords regularly
(computers and voice mail, caller ID, and more)
Texting: Should you ever text in your
professional capacity, who, and why (and should
it really be your phone)?
Use of email confidentiality and privacy settings
Printing and storing emails
Screen view and access when you leave your desk
Regulation of the IT Department or person
Keeping Secrets From Snoops,
Gossips, and The Curious
The town crier is not your friend
ICTAI, ISICTA, LMTHA
Trial balloons, righteousness, intimidation, color
of process, and other prodding techniques
Attend only those discussions that you should
and remind the superintendent to consider your
attendance as an issue (confidentiality,
privileges, etc.)
Fairness to personnel and other techniques
Communicating Effectively
Should any communication take place at all and should it be in
writing?
What is the right medium: email, memo, call, conversation, or other?
Should you use more than one for the same communication?
Who are you speaking for (the school district, the superintendent,
yourself)? These variables influence the choice of medium and the
content of the message.
The importance of clear English cannot be stressed enough.
To provide clear, understandable statements
To validate the school district as an educational institution
To overcome prejudice and snobbery
To avoid gamesmanship with responses or compliance
To satisfy legal requirements (e.g., open meetings law)
Final Thoughts
Credibility
Serious tone and delivery
Preparation
Direct and forthright responses
Admit what you don’t know
Grace and courtesy
Belief in yourself and the school district’s mission
The role of a superintendent's assistant involves managing and safeguarding school district information, communicating leadership messages, preserving historical records, and being a trusted advisor. The assistant plays a crucial role in school board meetings, handling meeting packets, notices, agendas, minutes, and expulsion hearings. Confidentiality of pupil records is emphasized with precise guidelines to follow.
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Presentation Transcript
WASSA 2013 Fall Workshop Attorney Kirk D. Strang kstrang@dkattorneys.com
Communications Challenges for the Superintendent s Assistant
Communications Challenges for the Superintendent s Assistant The role of a superintendent s assistant: The superintendent s assistant. The guardian of school district information. The messenger of the district s leadership. The historian. The kitchen cabinet.
The School Board Meeting The school board packet : The school board packet can include both open and closed session materials. Distribution through a board packet can change the record status of a document. Including closed session materials does not mean that they are now open and available for inspection (distributing them in open session, however, does mean that). Pupil record information is not necessarily appropriate to share with the school board, even if it is distributed in confidence (e.g., the legitimate educational interests, including safety interests standard.
The School Board Meeting The meeting notice/agenda Subject matter requirement. Informing the boilerplate provisions. Contingency planning for meeting location. Closed session notices.
The School Board Meeting Minutes of the meeting: What must be in the minutes? What is a good idea to include in minutes? What is a really bad idea to include in minutes? Closed and open session minutes. Publishing proceedings of the school board.
The School Board Meeting The expulsion hearing: The public notice should include Wis. Stat. 19.85(1)(f) and118.125. The statutory language regarding the parents/pupils right to demand a closed session creates false impressions. An expulsion hearing cannot be in open session. Ever. The 5 day notice rule does not include the day sent, but does include the day of hearing. The hearing notice can be sent by U.S. Mail. I send it both First Class and Certified, and then to both the pupil and the parents/guardians. You can notify the person identified as the guardian, but notify any parents whose parental rights have not been terminated, no matter where they live.
Pupil Records and Confidentiality Pupil records are confidential unless a specific exception says otherwise. School officials are members of the community and know things about kids like any other member of the community. However, people (especially parents) will presume that school officials are breaching pupil record confidentiality any time they comment on or gossip about a student. School officials can sometimes be held liable for breaching pupil record confidentiality even in circumstances where it appears that discussing the pupil openly was demanded by the parents. Pupil records are, indeed, a variety of public records. The rules of handling requests for those records are completely different, however, whether the subject is fees for production, who has access, whether and how they are redacted, and a host of other issues. Records that are prepared for administrator, staff, or faculty members personal use are not pupil records. Records are almost never prepared solely for personal use.
Pupil Records and Confidentiality Memorandum prepared by a teacher concerning a student s classroom behavior. Video of pupil going in and out of bathroom where a bomb scare note was found. Grades of students that are placed on the Honor Roll or Dean s List.
Pupil Records and Confidentiality The personal use exception isn t the easiest exception to rely on, especially when attempting to deny access to a record. By claiming that it isn t a pupil record, a school can actually make the document easier to subpoena. Personal use is almost always debated, because school personnel write things down for professional reasons. Personal use is hard to claim if the record has been used to communicate with others or has been shared for professional reasons.
Pupil Records and Confidentiality A pupil expulsion hearing is always confidential. Language in state statutes advising the pupil and parents of the right to demand a closed session does not entail the right to demand an open session. A school board cannot consider a confidential pupil matter at an open board meeting, even if the parents demand that the issue be addressed. Courts do not have unfettered discretion to compel schools to produce pupil records. Courts can, e.g., request progress records, order production of dropout records, and privately review records to determine whether they can be used to impeach witnesses. Not every school employee or even every teacher of a student is entitled to access their records. Parents are entitled to specified pupil records and are not required to pay for them.
Social Media and Internet Access to the Superintendent s Assistant Your Facebook page, Pinterest, LinkedIn, and Twitter. Pictures of you having a good time. Pictures of you with people that don t like the superintendent or the school board. Your online content: ask yourself if you seem like a gossip because of how you present yourself online. Your emails from a school district address.
Keeping Secrets With Records File access and use of locks Access logs and access procedures Pupil records, personnel files, health records, and investigation files Marking records confidential Disqualifying or restricting oneself where the appearance of access is problematic (e.g., family)
Keeping Secrets With Messages Passwords and changing passwords regularly (computers and voice mail, caller ID, and more) Texting: Should you ever text in your professional capacity, who, and why (and should it really be your phone)? Use of email confidentiality and privacy settings Printing and storing emails Screen view and access when you leave your desk Regulation of the IT Department or person
Keeping Secrets From Snoops, Gossips, and The Curious The town crier is not your friend ICTAI, ISICTA, LMTHA Trial balloons, righteousness, intimidation, color of process, and other prodding techniques Attend only those discussions that you should and remind the superintendent to consider your attendance as an issue (confidentiality, privileges, etc.) Fairness to personnel and other techniques
Communicating Effectively Should any communication take place at all and should it be in writing? What is the right medium: email, memo, call, conversation, or other? Should you use more than one for the same communication? Who are you speaking for (the school district, the superintendent, yourself)? These variables influence the choice of medium and the content of the message. The importance of clear English cannot be stressed enough. To provide clear, understandable statements To validate the school district as an educational institution To overcome prejudice and snobbery To avoid gamesmanship with responses or compliance To satisfy legal requirements (e.g., open meetings law)
Final Thoughts Credibility Serious tone and delivery Preparation Direct and forthright responses Admit what you don t know Grace and courtesy Belief in yourself and the school district s mission
