Originally appeared in the CAS Weekly Newsletter.
Written by attorney Thomas B. Mooney.

Dear Legal Mailbag:

I have been fortunate to be the principal in a school district that provides building substitutes and I have often been able simply to assign one of my two building subs to cover for an absent teacher without having to resort to the sub list. For example, early this year, one of my veteran teachers took seriously ill and, last October, I assigned a building sub to that class to cover for the teacher. Happily, the teacher is regaining his health, and he will return to work next fall. Given these circumstances, the building sub will continue covering the class until the end of the year.

My question has to do with the building sub. Fortunately, he has his teaching certification, and he has done a great job covering the class this year. Unfortunately, the powers that be have told me that the district can’t afford building subs next year and so the sub is out of a job. We do have a vacancy for next year because another teacher has resigned for retirement purposes effective at the end of the year; and, the sub has asked me for a recommendation as part of his application for the position. I think he is great, but I don’t want to exercise favoritism in the hiring process. Rather, in this competitive environment, I want the district to find the best candidate for the vacancy.

Do you think that I can gracefully decline this request?

Thank you,
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