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Ellen Belcher is the Dayton Daily News opinion pages editor. She writes about state government, education, the environment, higher education and all things Dayton.
Martin Gottlieb is an editorial writer and columnist for the Dayton Daily News opinion pages. He focuses on the political process itself and does such national issues as war, the economy, taxes and Social Security, as well as a hodge-podge of local and state issues.Home > Blogs > A Matter of Opinion > Archives > 2009 > January > 28 > Entry
Editorial: Beavercreek school board has botched teacher’s removal
The Beavercreek school board has bungled its decision to strip responsibility for managing the high school’s spring musical from a popular drama teacher. It’s inviting critics to be suspicious.
Unquestionably, the board is violating Ohio law by refusing to release public documents in a timely manner. By shrouding this case in secrecy, the board is failing a basic responsibility to voters; it has a duty to be transparent, even granting that there are some things board members can’t say when publicly discussing personnel matters.
At the board’s Jan. 15 meeting, a parade of supporters asked the board to reinstate Dawn Stamper as the drama adviser. The board has declined to explain its actions in even the most general way.
Parents have a right to know the concerns about Ms. Stamper in order to judge the fairness of the board’s actions. That information should be spelled out in Ms. Stamper’s personnel file, which, by law, is public. It seems the administration doesn’t have grave concerns about her, since she is still teaching at Beavercreek High School.
Some drama students and their parents believe Ms. Stamper was doing a good job in her secondary role. One thousand people have signed a petition backing her, and 400 people have joined a campaign on her behalf at Facebook, the social networking site.
Maybe board members know something Ms. Stamper’s supporters don’t; maybe their actions are reasonable. But it is impossible to tell because of the wall they have erected to obscure this case.
Consider the district’s response to a Dayton Daily News request to review Ms. Stamper’s personnel file. Such files for public employees, including teachers, are supposed to contain evaluations and information about discipline. The school district is not disputing that it is required to release the file. But it has been dragging its feet.
Ohio law also requires that school districts allow for “prompt inspection” of public records. In general, Ohio courts have interpreted that to mean records should be turned over the same day a request is made unless there is a practical problem in doing so. For instance, courts have allowed a few extra days in cases where a large number of documents were requested or when the documents need to be reviewed to be sure confidential information, such as Social Security numbers or medical records, were removed.
In this case, Beavercreek schools’ attorney, Nicholas Subashi, has not made the case that there is any practical problem with inspecting Ms. Stamper’s file. And yet, it has been a full two weeks since the Dayton Daily News asked to see it. That is ridiculously stretching any reasonable interpretation of the public-records law.
On Monday, Mr. Subashi explained that he wants to give Ms. Stamper an opportunity to review the file first before it’s released. But Ms. Stamper apparently is traveling and he has not been able to speak with her. He said he will give her until today to raise any objections; then he’ll make it available Thursday, Jan. 29.
Beavercreek schools’ responsibility under the open-records law supersedes its desire to be courteous. Mr. Subashi is reading obligations into the law that simply aren’t there.
As recently as 2002, the Ohio Supreme Court ruled against a school district for withholding requested documents for four days. In Consumer News Services, Inc. vs. Worthington City Board of Education, the court found the requested records should have been made available the “same day that the request was received to the extent that records were readily available and not voluminous.” In ruling against Worthington schools, the court also ordered the district to pay the other side’s attorney fees.
If the Beavercreek school board and its administration have good reasons for their decision, the records will tell their story for them. But regardless of what the file says, the documents are not their personal — or private — property.
Permalink | Comments (2) | Post your comment | Categories: Editorials, Education, Scott Elliott
Comments
By Russ Warren
January 30, 2009 9:33 AM | Link to this
I have made several requests to the Fairborn School District for public records. It takes over 30 days in most of the requests, and then I receive an answer (most of the time not all information is provided), only after a follow-up request is made after the 30 days. I have been told to by the School Board President ‘I question why you want this information’, which is against the law. I have been given only partial information. All public elected officials are required to be trained on the public law records request requirements. Mr. Subashi, as the attorney, should know that the records are releasable.By asytonyaa
June 11, 2009 10:53 PM | Link to this
Which is the very good movie in 2009? Please help!Thank you.