Sharon McClain is a normal superintendent. Appointing an administrator to investigate himself or herself appears to be a common practice, at least in districts getting legal advice from Daniel Shinoff.
Grievance filed against Del Mar superintendent Sharon McClain
By Marsha Sutton
Carmel Valley News
Monday, November 30, 2009
A formal complaint has been filed against Del Mar Union School District superintendent Sharon McClain by the mother of a student in the district who was suspended in September by DMUSD principal Emily Disney. The mother challenged the suspension, claiming district staff failed to follow proper procedure and violated district policies.
The challenge proceeded to a full hearing before the DMUSD Board of Education in October, and the vote was unanimous to overturn the suspension, against the recommendations of both Disney and McClain.
Although the mother, whose name is protected to preserve the privacy of her child, expressed gratitude that the suspension was revoked, she is pursuing action against the superintendent for what she called McClain’s “huge disregard for my time, student and parental rights, and overall lack of ability to use sound judgment.”
The formal complaint was filed November 9 and was sent to DMUSD school board president Katherine White.
The parent related in her grievance some of the details that occurred after the suspension, which precipitated the formal complaint.
Joyful Noise through Nov. 22--Lamb's Players Theatre
A public records request revealed an email sent on the day of the suspension to the mother by Disney, principal of Sycamore Ridge School, which stated, “As the parent of [student], you have the right to request a meeting with the superintendent or the superintendent’s designee. The meeting shall be held within three school days of the time such request is received by the superintendent or the superintendent’s designee.”
The parent said she requested a meeting with McClain to appeal the suspension, as Disney’s letter instructed, but phone calls were not returned.
On September 22, 11 days after the suspension, the parent received a message from Disney that the meeting was scheduled for that afternoon in one hour’s time.
Further, Disney said in her email, sent at 1:43 p.m., that McClain “wishes to remind you that she has appointed me as the administrative designee.”
“If you are Dr. McClain’s designee, this was never communicated to me,” the parent wrote back six minutes later. Nevertheless, she agreed to the 2:15 p.m. meeting with Disney, who refused to revoke the suspension.
“I do not feel a competent and reasonable person would appoint the designee to hear the suspension to the same person that suspended the student,” the parent wrote in her grievance, commenting that someone “not involved with the complaint should hear it.”
In an email to board members, the mother wrote, “When an issue arises that directly involves the principal and then [the superintendent] allow[s] the principal to be the designee of the superintendent to handle the matter, it is a complete failure of the system.”...
Attorney Lauri LaFoe, of Sansom Willis LaFoe in Oceanside, said the parent was never told she had to come alone.
But a public records request of communications among board members, the principal and the superintendent revealed that McClain sent an email to the mother two days before the hearing, scheduled for Oct. 14, in which she wrote, “I called [the parent] to let her know that she could not bring anyone to the meeting per the Ed. Code.”
The parent wrote back one hour later, saying, “Since I am not permitted to bring an attorney or physician or anyone else to the hearing, may I record the meeting?”
This request was denied by McClain, who wrote that recordings are not allowed in closed session meetings...
DaFoe said all action taken and items discussed in closed session must remain confidential, implying that the parent would be violating the law, even though she has not taken any oath of office, by revealing anything that took place in closed session.
But not all legal experts agree. “I don’t think it’s so clear,” education attorney Dan Shinoff said. “If a parent chose to have something in open session, I don’t know how you prevent them.”...
[Note to Dan Shinoff: You could always use the tactic of calling the police and saying the parent was disturbing the meeting, right?]
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