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Ely, Attorney
Category: Education Law
Satisfied Customers: 211
Experience:  Attorney in general practice,
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I am a principal in an elementary school and have been there

Customer Question

I am a principal in an elementary school and have been there for 9 1/2 years. i have received exemplary ratings from my superintendent for the past 9 years. The school has won numerous awards under my leadership as well. In February I received one letter regarding an issue this year but have never in my 37+ years in education received anything but exemplary ratings. This past week I was called into the office and talked to by the Assistant Superintendent for Administration and the Director of Elementary Education about some situations that had happened at my school with parents complaining. I was then told that they felt my judgement had been poor and that they were considering taking me out of the principal position and placing me in the classroom. Since this was a personnel issue I felt that human resources should have been involved but when I called Human Resources he knew nothing about any of the topics discussed. Prior to this I had just signed my contract for 240 days employment. Classroom teacher are 190 day employees. This would mean an extreme pay cut. I am currently on the Terri program and will complete this program in January 2018 - 1 1/2 years from now when I turn 62. The most pressing issue that they have is my placing a non special education student in a restraint chair due to behavioral issues. This student had been dismissed in September from the Montesorri program at his previous school due to behavior issues and was sent back to his home school which happened to be mine. He would scream, throw things, curse at students and teachers, etc. For the few days that he was there I or a member of my staff had to constantly monitor his behavior. He had been recently diagnosed on the high functioning autism spectrum but due to his recent diagnosis he had not been tested and then placed on and IEP. He eventually was placed on an IEP after leaving me school. hE was also given a shadow. I had called the mother explaining his extreme behavior and asking permission for his safety and ours to place him in the restraint chair until he calmed down for a period of 10 minutes then he would be sent back to class. The parent gave verbal permission and the following day sent in written permission. We then began to use the chair and it seemed to be working but a couple of days later (I do have exact dates) she wrote me asking me to stop using the chair at which time I did. She then filed a complaint with OCR about this issue. My district office told me that even though the parent had given permission these chairs per district policy or procedure were to be used only for special education students. I called the director of special education and she said there was a procedure in place for special education students but she was not aware of a policy/procedure for the use of the chair for non special education students. When looking for board policy it is not there and when I looked on the SCDE policy info I found some information from 2009. So my question is was it legal for me to use the chair during the time the parent gave permission? The chair was one that had a padded center piece for between the legs and a wide work tray and even though the chair was provided with a belt for the waist, the belt was never used. Also I have received other complaints on this letter that are rumors and can be explained fully. One of the comments on the letter stated that " several parents have called the district office to complain about my lack of empathy when dealing with them". I have no idea who these parents are, how many of them called or what they called about because the district never informed me of these calls so that I could deal with the issues and put the parents at ease. What recourse do I have I am extremely devastated.
Submitted: 6 months ago.
Category: Education Law
Expert:  Sam replied 6 months ago.
HelloThis​ is Samuel and I will discuss this and provide you information in this regard.So is the superintendent following procedure as far as this is concerned? In other words, are there supposed to be hearings if you contest what is being said? Are you a member of a Union?
Customer: replied 6 months ago.
It has been more than three days since you asked these questions. I need a refund since you asked questions of which I did not get an answer - please advise as to how to receive a refund
Expert:  Sam replied 6 months ago.
Your deposit is on account. If you want a refund, pleas use this LINK. However, you never provided me with any answers to my information request. And I need to have that in order to provide you true and correct information.
Expert:  Sam replied 6 months ago.
You have not been provided an answer. I cannot do that unless I have the information I requested. But please use the link to request your refund, if that is what you want. Or you can communicate with me here and we can help put you in the right direction.
Customer: replied 6 months ago.
I did answer your question the day that you asked - I have set up an appointment with a lawyer so I will seek my refund

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