July 23, 2014
Clearly and accurately document important incidents or communications and, when appropriate, share them with the parent. This practice will minimize any misunderstanding about a matter. Such documentation need only be as extensive as necessary to state the relevant facts (i.e., what happened, the substance of what the parent and the educator said, what action will be taken, and what follow-up is needed and who must do it). Whenever possible, share such documentation with the parent and invite them to tell you in writing if they think anything is stated incorrectly.
Preserve your credibility. Do not let an unreasonable effort to defend the school diminish your credibility and, thereby, the parent’s willingness to trust you. If a mistake occurred concerning a child, it is often best to admit it and provide a clear and achievable plan to correct the problem and prevent its recurrence.
Don’t make commitments you might not be able to keep. Be clear if an outcome is someone else’s decision or a decision requires additional information. You can promise to advocate for an outcome or to advise the parent when the needed information is available, but always be clear if you cannot and are not making a promise. This caution will prevent loss of trust.
Establish clear rules, requiring respectful communications. Some parents will engage in abusive behavior as a result of excessive emotion or a technique to achieve an objective. A clear policy that states what behavior is unacceptable and requires school personnel to terminate communication when it occurs will deter most parents from engaging in such behavior. Of course, school personnel must also be held accountable to the standard of conduct.
James P. Evans
• Partner with Hiscock & Barclay, LLP
• More than 25 years of experience representing educational institutions, including K-12 and post-secondary institutions, in all facets of education law
• Represents numerous educational institutions, including private schools, charter schools and public school districts concerning all facets of education law, including student privacy
• Advises not-for-profit corporations regarding compliance issues and matters pertaining to education rights
• Has obtained significant experience representing parents, students and educational institutions regarding all facets of education law, including federal and state law compliance
• Adjunct professor of education at Le Moyne College, where he has constructed and taught a master's level course in education law for school administrators over the past nine years
• Frequent speaker and lecturer regarding school law, education law and related matters