Board considers firing Wheat MS principal

Cleburne ISD took the first step in ending the contract of an administrator Monday night when trustees unanimously approved a motion to propose termination of Wheat Middle School principal David Diaz for unspecified alleged violations of his contract.

Diaz has been on paid administrative leave since Jan. 9.

Wanda Smith, retired superintendent of Keene ISD, was hired as interim principal at Wheat for the remainder of the semester.

After a closed session discussion, Brad Allen made the motion to propose termination of Diaz. Brad Mead seconded. Diaz and his attorney, Bill Conover, may request a public or private hearing, possibly as early as the regularly scheduled February meeting.

Board president Stu Madison declined to elaborate.

“Mr. Diaz has been removed pending a hearing,” Madison said. “He is entitled to a hearing that could wind up before this board, and that’s why I’m not allowed to comment on the matter. We have to consider everything. I hope everyone can understand and appreciate the position we’re in.”

Smith was identified as a viable interim candidate by Superintendent Dr. Ronny Beard and Human Resources Director Randy Stone.

“My understanding is Dr. Beard and Mr. Stone looked for people who were qualified and suitable and found the right person relatively quickly,” Madison said. “That person was brought before the board tonight.”

Madison declined to say whether the board received a complaint about Diaz.

“As long as this is an ongoing process that can result in a hearing before the board, I cannot comment,” he said.

The issue does relate to Diaz’s contract, Madison said.

“That’s what the motion was toward. It was a proposal to terminate a contract.”

When final action is taken depends on how Diaz and his attorney choose to proceed, Madison said.

“Mr. Diaz may or may not request a hearing,” Madison said. “If he requests one, that starts the timeline. It’s his call at this point. He can request a public or private hearing.”

Conover said Tuesday his client has 15 days to request a hearing with Texas Education Agency, which will then assign a hearing examiner. Conover declined to detail the allegations against Diaz but said, “I expect him to be completely vindicated.”

Attempts to reach Diaz for comment were unsuccessful. Conover said Diaz is under a directive from Beard not to speak to the media.

Madison said he understands that unsubstantiated rumors are flying.

“Based on tonight,” he said, “I’m anticipating that people are questioning what happened and why.”

In public comments before the board, Alden Nellis criticized the board for allowing former administrators to opt out of contracts.

“Employee contracts are an unnecessary expense and a detriment to the flexibility CISD needs to work through the [Texas Education Agency] demands,” Nellis said. “With administrators working without a contract, they can more easily be held accountable for their actions.”

Alluding to Diaz’s contract, Nellis said, “Now the district is considering terminating a middle school principal for alleged improprieties between consenting adults. It is totally hypocritical to hold that principal accountable while not holding the above administrators accountable for their actions.”

Madison twice interrupted Nellis’ address, reminding him first that the board would not discuss employee contracts in the public sector and finally telling Nellis his three-minute time limit was up.

“It was actually a little past three minutes,” Madison said after the meeting. “I had interrupted him once, so I gave him a little more time.”

Nellis countered that Madison frequently allows speakers more than three minutes.

“I can assure you that Mr. Nellis on more than a few occasions has been the beneficiary of that,” Madison responded. “I try to adhere to the three-minute rule. Mr. Nellis is aware of the rule.”

In other business, the board:

• Approved an innovative Cleburne High School English course, “The Power of Positive One,” for 2009.

• Approved a contract for demographic consultation services.

• Approved a curriculum software bid.

• Set Jan. 22 as date for discussion of superintendent evaluation and contract extension.

• Set Jan. 22 as date for review and selection of a strategic planning consultant.

• Approved the hiring of Linda Beseda as testing coordinator, JoAnn Lira as a fifth-grade teacher at Cooke Elementary, and Terry Wade as interim assistant principal at Cleburne High School.

• Learned that year-to-date tax collections are $10,684,198.63.

• Learned that school district enrollment is up 242 students to 6,865 and that high school enrollment has leveled off at 1,625.

• Learned that TEAM School has met Adequate Yearly Progress standards.

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