STRUTHERS CITY SCHOOLS Attorney gives opinion to state board



Superintendent will have her licenses suspended if the Ohio Board of Education agrees.
By MICHELE C. HLADIK
VINDICATOR CORRESPONDENT
COLUMBUS -- Struthers City Schools Superintendent Dr. Sandra DiBacco-Tusinac would be reprimanded publicly and could face a 60-day suspension of her state educational licenses for providing false information to the Ohio Department of Education.
Those penalties were recommended to the Ohio Board of Education by Columbus attorney Stephen Teetor.
Teetor, who served as hearing officer for the case involving DiBacco-Tusinac and Struthers Teacher Cheryl Richards, rejected the Department of Education's request that he recommend revocation of all of DiBacco-Tusinac's educational certificates. He said that while she had provided false information, she had paid enough.
"[DiBacco-Tusinac] has paid a substantial price for her letter through subsequent adverse publicity and considerable time and legal expense relating to this hearing," Teetor said. "Further punishment through suspension would likely serve no useful purpose under these circumstances."
Teetor also recommended a 60-day suspension that would be waived if DiBacco-Tusinac completely cooperates and provides correct information to the department should Richards re-apply for the certificate that caused the problems.
False information
The case stems from complaints the department received that said DiBacco-Tusinac wrote a letter in 2003 providing false information to the department about Richards' teaching experience to help her gain a new certificate.
At the hearing, which began in August, DiBacco-Tusinac's supporters said the issue was a minor mistake.
However, the Ohio Department of Education said the issue was more serious and asked for the revocation of her educational certificates, including her permanent high school teaching certificate, eight-year supervisor's certificate, eight-year high school principal certificate and four-year superintendent certificate.
The department further requested DiBacco-Tusinac not be allowed to re-apply for these certificates for five years.
In his recommendation Teetor agreed that inaccurate information had been provided by DiBacco-Tusinac, but he did not recommend revocation of the superintendent's certificates.
"The reliable substantial and probative evidence at this hearing supports the conclusion that the letter signed by [DiBacco-Tusinac] April 28, 2003, is incomplete, inaccurate and misleading," Teetor wrote. "Even [DiBacco-Tusinac] testified she wished she had described [Richards'] teaching experience differently."
'Spin' added
Teetor also said the evidence showed that DiBacco-Tusinac believed Richards was qualified for the certificates, but she put an unnecessary "spin" on the letter she provided to the department to facilitate the issue.
According to Teetor, a school superintendent like DiBacco-Tusinac has the responsibility to the department and to the teacher to provide full and accurate information.
According to education department spokesman J.C. Benton, the board could vote on whether to accept the recommendations at its April or May meeting.
DiBacco-Tusinac said Tuesday that she could not comment on the recommendations until the state board acts on them.
"I'm just glad it's all behind me," she said.
Struthers School Board President Matt Rhoads said he is also glad the district can put it in the past and move on to other matters, including an 8-mill operating levy on the May ballot.
"Frankly, we're just glad it's over," he said. "From my perspective, it's done. We don't need this kind of distraction."
In a separate written recommendation, Teetor said Richards did not provide false information and should be allowed to retain her teaching certificates, except the one in question at the hearing, a permanent education of the handicap teaching certificate.
Teetor recommended that the certificate be suspended but that she be allowed to apply for it again, with full disclosure of her qualifications and experience, at no cost.
Richards could not be reached to comment.