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Legal Opinions

Everyday interactions and the law

What we don’t want is a failure to communicate legally

By Rachael Maresh, ATPE Statt Attorney

Volumes have been written on effective communication, but you should also know the legal requirements and prohibitions that apply to educators’ communications.

The parents’ prerogative
The Texas Education Code guarantees parents’ rights to access education records, teaching materials and state assessments regarding their child. Parents also have a right to information about their child’s academic progress. Therefore, you have a general obligation to share that information. Some teaching materials, such as tests, do not have to be shared, so check with your supervisor if you have questions. An educator is conversely prohibited from sharing information about a student who is not the parents’ child.

Separate from parents’ specific legal rights, a supervisor can, in most cases, require an educator to communicate with parents about an issue, such as a disciplinary matter, if the supervisor believes doing so would be appropriate—even if the parents themselves might not be able to require it.

If your supervisor says …
Under Texas law, a supervisor, as an “authorized agent” of an employer, can generally require an employee to do anything that is not illegal. This rule holds true for communications. Trouble spots commonly occur in the following situations:

Meetings: If your administrator requests a meeting with you, you must generally attend. No law specifically states that you must meet on demand, but many cases have upheld disciplinary consequences for refusal. An educator has no legal right to be accompanied at any meeting outside of the formal grievance process, and a supervisor is not required to give prior notice of the meeting or the subject matter unless these requirements are written into local policy. You must generally cooperate and answer supervisors’ questions. However, if answering would incriminate you in illegal activity or if the questions are personal rather than work-related, you might have a right to refuse to answer. In either case, you should get legal advice.

Requests for a written statement: A supervisor can generally require an educator to draft a statement regarding a work-related matter. The rules described for meetings would apply.

Apologies to parents: It is not uncommon for a supervisor to direct an educator to apologize to a complaining parent in the hope of resolving a matter quickly. This might be a legitimate strategy in some cases, but it could have serious consequences in others. For instance, an apology could be interpreted as an admission of wrongdoing and have serious implications for an educator’s career. If you are asked to apologize to a parent, obtain legal advice before doing so—especially when a student has been injured.

Reporting criminal offenses: Most districts require employees to report arrests or convictions to designated administrators within a specified period. Failure to make a timely required report can result in serious consequences. Again, because what you say might affect the criminal matter, obtain legal advice.

Your supervisor’s communications: A supervisor is typically not legally obligated to respond to inquiries, explain decisions or justify actions. There are specific exceptions that reqire a response, such as in the formal grievance process or where a lack of response has its own consequences—e.g., when a leave request is considered approved per policy if not denied by a certain date.

Colleagues’ collegiality
Peer co-workers cannot generally require any kind of communication from you other than that ultimately required by a supervisor, such as sharing lesson plans or cooperating in department meetings. Your relationship with your peers is, by definition, one of equals. However, laws regulate communication among equals. You may not harass a co-worker based on race, nationality, age, gender, religion or disability. “It was a joke” is not considered a defense. Also, be careful with comments that could be taken as sexually suggestive; they might be considered sexual harassment. Finally, be cautious in talking about a co-worker’s personal life.

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