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Hellmann v. Union School District8/23/2005
Opinion Vote: AFFIRMED.
Crane and Dowd, Jr., JJ., concur.
Opinion:
Introduction
Charlotte Hellmann appeals from a judgment of the Circuit Court of Franklin County affirming the Union R-XI Board of Education's ("the Board") termination of her teaching contract with the Union R-XI School District ("District"). Ms. Hellmann contends that the Board erred in: (1) terminating her contract even though the District failed to "meet and confer" with her in the manner required by Section 168.116.2 RSMo 2000 of the Missouri Teacher Tenure Act ("the Tenure Act"); (2) construing the terms "incompetency," "inefficiency" and "insubordination" in violation of Section 168.114.1(3); (3) terminating her contract even though the Statement Charges did not give her notice of specific provisions of the Board policy and state and federal laws that she allegedly violated; and (4) applying an incorrect construction of Section 168.114.1(4). We affirm.
Statement of Facts and Proceedings Below
Ms. Hellmann began her employment as a special education teacher with the District at the beginning of the 1988-1989 school year. During that year, Ms. Hellmann worked at both the junior high and the high school with students diagnosed with behavior disorders. Between 1989 and 2002, Ms. Hellmann worked primarily as a resource teacher for students with learning disabilities and behavior disorders at the high school. As a resource teacher, Ms. Hellmann was available to students receiving special education services who were enrolled in regular classes but required special assistance to understand their class work and complete assignments.
The duties of a special education teacher in the District included individual case management. Typically, when a special education student entered high school, the school assigned that student to a special education teacher who served as that student's case manager throughout that student's high school career. As a case manager, the special education teacher was responsible for the planning and coordination of each student's special education program. The duties of a special education teacher in the District included individual case management. Typically, when a special education student entered high school, the school assigned that student to a special education teacher who served as that student's case manager throughout that student's high school career. As a case manager, the special education teacher was responsible for the planning and coordination of each student's special education program. Moreover, the case manager was responsible for evaluating students and completing the students' Individualized Education Programs ("IEPs"). Throughout her tenure with the District, Ms. Hellmann, like all of the other special education teachers, served as case manager for several assigned special education students.
Three weeks into the fall term of the 2001-2002 school year, the District implemented a reorganization of the special education program. As a result of the reorganization, special education teachers were assigned several subject matter classes to teach in addition to their case management responsibilities. The reorganization resulted in Ms. Hellmann managing a caseload of approximately 20 students as well as teaching six subject matter classes instead of primarily staffing the resource room.
The District appointed Shirley Dintelman as the Director of Special Education for the 2001-2002 school year. Ms. Dintelman was not, however, new to the District, having previously worked for the District as a counselor and then as Process Coordinator for the Special Education Program. Upon Ms. Dintelman's retur
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