What can state do if superintendent doesn’t report misconduct?

NASHVILLE – If Tennessee education officials decide to punish Nashville public schools’ director for not reporting numerous teacher misconduct cases in the 2017-18 school year, it would set a precedent for the state.

The Tennessee State Board of Education is reviewing whether Nashville Director of Schools Shawn Joseph should have reported cases in which teachers and others were disciplined or placed on administrative leave in the 2017-18 school year.

Lillian Hartgrove, state board chair, said the state rarely hears superintendent cases but also hasn’t deliberated a punishment for a director since a new law in July extended the board’s powers.

“This could be testing what has been recently approved,” Hartgrove said. “This is a new piece of responsibility for the state board, passed legislatively and we had to put into policy.”

If the state board does find cause to punish Joseph, Hartgrove said thestate could choose to reprimand, suspend, revoke or refuse to issue Joseph’s teaching license.

Nashville public schools spokeswoman Dawn Rutledge said a review found that a number of cases should have been reported to the state and the district will report them.

“The responsibility to generate the paperwork necessary for the director to report any such final actions to the state lay with an individual who is no longer employed” by the district, Rutledge said.

Hartgrove said the state board will diligently review each of the Nashville cases and, if appropriate, determine whether there is a need to punish Joseph and the educators whose cases are under review. She said the earliest discipline could be levied is in early 2019.

“We want superintendents to understand that they have a responsibility to protect children,” Hartgrove said. “The state board members are tasked with protecting the integrity of the profession and issues of misconduct places a black mark on the profession.”

The July law was sponsored by Senate Education Committee Chairman Dolores Gresham, R-Somerville, as part of a package of bills meant to ensure the state could properly address teacher misconduct.

Gresham said the Nashville public schools case is “alarming” and it shows why the legislation was needed.

A Metro Nashville Public Schools list of human resources investigations details 89 complaints, with 47 of those against teachers. The other complaints are against principals and support staff, including bus drivers and educational assistants.

Nineteen of those teachers were suspended, fired or resigned after investigations, according to the list. Two other teachers were recommended for review of termination by Metro Legal, the list shows.

Only one of those 21 cases was reported to the state.

Although punishments are new, superintendents were required to report teacher misconduct cases in previous years.

“They have always had that responsibility,” Hartgrove said. “We are determined to ensure everyone knows how important it is. This law was passed so directors understand this is a very high responsibility — this is an incredible responsibility — they have to report these cases.”

Efforts to shore up teacher misconduct rules came after a Tennessee Comptroller of the Treasury audit, which relied heavily on USA TODAY NETWORK — Tennessee reporting, that showed Tennessee lawmakers weren’t doing enough to prevent teachers accused of misconduct from receiving jobs in other districts.

The 2016 USA TODAY NETWORK investigation found troubled teachers routinely were allowed to resign or leave their posts amid heinous allegations, only to end up accused of similar behavior in other districts.