As a teacher or other professional staff member, your campus principal notifies you by e-mail, written memo or orally through the campus secretary that he/she wants to meet with you at 8:15 a.m. the next school day. The following questions may come to mind:

Do I have to go to the meeting?
Yes. Your immediate supervisor has provided you with a directive. Your failure to follow this directive could be considered an act of insubordination and result in formal disciplinary action as well as negatively impact Domain VII of your PDAS.

If the meeting time poses a direct conflict with another previously scheduled activity, you should immediately contact your principal to discuss an alternate meeting time.

Can I be required to meet with my principal during my planning time?
Unless the meeting involves conferencing with a student’s parent(s), such a requirement would not be proper. However, unless you have a direct scheduling conflict, you should exercise your best professional discretion in favor of attending the meeting. Your principal should not abuse this professional courtesy.

Do I have a right to have an attorney present?
In most cases, your right to have legal counsel or another representative present is limited to instances such as a formal grievance hearing or a hearing concerning the proposed nonrenewal or termination of your employment contract.

You may request that your administrator allow you to have a friend, colleague or other representative present during the meeting. The decision regarding the request is within your supervisor’s discretion.

What if my principal schedules a grievance conference at the last possible moment?
In a grievance situation, you have a legal right to have an attorney or other representative present at the meeting. Your principal (or other administrator) is, therefore, obligated to provide notice of the meeting in a timely manner, thereby allowing for your designated representative’s presence.

May I tape record the meeting?
Normally, the decision regarding audiotaping of a meeting with your principal will be within your principal’s discretion. If either party makes such a recording, the other party should be timely provided a copy of the recording upon request. Though it is not illegal for someone to secretly record a discussion to which they are a party, such recordings are rarely, if ever, useful.

In many cases, the principal will have another party present, such as an assistant principal, as a witness, to take notes, etc. Again, you may request the attendance of a colleague for the same purposes. At the least, you should make complete notes from the meeting for later reference.

Is the meeting confidential?
It depends. Certainly the Family Educational Rights and Privacy Act (FERPA) will apply in situations involving student records and other student information. Confidentiality will apply in the context of teacher evaluations under the PDAS rules.

Under certain circumstances, teachers should be aware that any information that they provide may ultimately be shared with other school personnel and officials, as well as outside parties such as the Texas Education Agency, State Board for Educator Certification, Child Protective Services (CPS), law enforcement agencies and possibly others.

If you suspect that a meeting with school personnel will involve potentially serious allegations, you should contact the TCTA Legal Department for consultation prior to the meeting, otherwise as soon as possible.

Do I have to answer questions in the meeting?
In most cases, you will want to answer questions and/or provide your side of an issue in a professional manner and tone.

Your principal may take action deemed appropriate for the situation if you fail to satisfactorily address his/her questions. An acceptable alternative may be to advise the principal that you would prefer to respond after consultation with the TCTA Legal Department and/or other legal counsel. This would be especially true if the meeting (unexpectedly) includes school district or other law enforcement personnel or a CPS investigator.

Do I have to sign a write-up, reprimand or PDAS document I might be provided, especially if I strongly disagree with it?
Your signature on such a document would not usually constitute agreement, foreclose any remedies you may have in a given situation, or waive any other rights. This type of document usually states that your signature verifies your receipt of the document only, and not your agreement to the substance of the document. If not, you may always indicate this restriction in writing above your signature.

In addition to writing a response or rebuttal to such a document, members may wish to contact the TCTA Legal Department for further advice and consultation with a staff attorney by calling toll-free at (888) 879-8282.

Web posted: 08/02/07