LETTERS - Letter to the Editor

School Administrator, Feb, 1998

Risky Legal Counsel

"Learning the Law and Loving the School Attorney Less" (November 1997), while mostly informative, contains some advice with which I must take issue. As a school attorney serving as in-house counsel, I strongly disagree with the following issues:

* The article encourages administrators to determine whether they have enough knowledge on a particular issue and past legal opinions to avoid calling an attorney. The problem is that legal opinions change from "yes" to "no" based on a single new fact in a scenario. While an administrator can read a statute's plain sense meaning, the administrator would not be aware of the case law interpretations.

* The article asks staff to conduct an investigation and reduce it to writing before contacting an attorney. This, too, can be dangerous. If the matter goes to litigation, such writings are not protected by the attorney-client or attorney work product privileges. Let the attorney initiate the investigation. This will make the investigation materials safe from discovery from the other side, In addition, the attorney will be able to assist by informing the investigators about what kinds of facts are particularly relevant.

* The article contends attorneys "will say no more often than 'yes,'" noting this can stymie innovation and risk taking. Such thinking can lead to disaster. If an administrator wishes to take risks, so be it. But it is best if the risks are informed risks based on legal advice. Good school attorneys see their job as finding how to accomplish what the educator wants to accomplish.

School leaders have several sensible ways to trim legal budgets. Our district cut its legal costs by more than 60 percent by going with an in-house counsel. Smaller school districts can band together with legal consortiums. But no school district should take risks to trim their legal costs.

DONALD F. AUSTIN

Legal Counsel

Ventura Unified School District

Ventura, Calif.

One-Sided View of Vouchers

Andy Rotherham's characterization in the December Federal Dateline ("The Test of Sound Public Policy") of my opposition to government vouchers for private schools is generally accurate, though selective and incomplete. The Sept. 15 issue of National Review presents my full case.

My objection to many conservatives is that they argue there is absolutely nothing wrong with vouchers. But Rotherham is just as one-sided: He can find nothing right with them. Both sides here are intellectually dishonest and unfair.

I would be willing to debate him, even at AASA headquarters, with the only condition being that The Washington Post and The Washington Times be invited. I make this offer because of John Stuart Mill's observation: "He who knows only his own side of the case, knows little of that."

RONALD L. TROWBRIDGE

Vice President for External Programs and Communications

Hillsdale College

Hillsdale, Mich.

Sympathetic Marathoners

He put into words the thoughts I have had so many times. Whritner deserves to know that others are dealing with the same frustrations.

What a great guest column by John Whritner ("The Races Superintendents Run") in the September issue!

ANDY HENDERSON

Superintendent

Buford City Schools

Buford Ga.

After reading "The Races Superintendents Run," I now know why I am often so tired!

ROGER GARVELINK

Superitendent

Downers Grove School District 58

Downers Grove, Ill.

Useful Leads for Job Seekers

Richard Flynn's article, "55 and Searching: Job Hunting at a Later Age" (June 1997) was so timely for the mental wellbeing of many of us who are searching for superintendencies when we have a great deal to offer except youth. His stories gave me a needed "shot in the arm" after several months of applying for jobs and being rejected.

Flynn's experiences and advice has helped me, as a former elected superintendent in Clay County, Fla., to realize that I am not unique in my frustrations and that hope exists for those who still want to make a difference.

One other point: The on-line job hunting resources compiled by Cynthia Clarke in that issue have become part of my favorites and I check them regularly. By not knowing about those web sites until June, 1 feel like I lost valuable time.

PHYLLIS MAY

Orange Park, Fla.

Client Evaluation Needs Trust

Gordon Castanza's letter ("Doubting Client Evaluation") in the September issue that commented on The School Administrator's coverage of 360-degree evaluation (March 1997) showed a lack of understanding of the process or a lack of trust in school system stakeholders who should have an opportunity to tell their superintendents how they are doing their jobs.

Castanza asks how an anonymous, client-driven evaluation process ensures a superintendent protection of due process rights. This process should be just one piece of a superintendent's evaluation. My school committee still takes into consideration my own narrative self-evaluation and their view of my performance based on the systemwide goals that have been established.

He also questions the merit of soliciting objective feedback from a "miscreant teacher." Actually, this issue is easily addressed: Do not ask the miscreant teacher to be on the team that evaluates you.