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Hellmann v. Union School District8/23/2005
n to the District in her new position, she reviewed memoranda from the outgoing Director of Special Education which indicated that Ms. Hellmann's reevaluations and IEPs were not completed properly during the 1999-2000 and 2000-2001 school years. In light of this information and in preparation for her new tasks as Director, Ms. Dintelman reviewed the files of all students receiving special education services and requested that the special education teachers, including Ms. Hellmann, provide the missing documents by September 2001. Ms. Hellmann failed to submit the missing documents.
In light of Ms. Hellmann's failure to submit the missing documents as well as Ms. Hellmann's failure to submit reevaluations and IEPs during the two preceding school years, Ms. Dintelman and Superintendent Gene Garrison decided to implement a Job Target for Ms. Hellmann. The October 25, 2001 Job Target cited two "improvement objectives." First, the Job Target required that Ms. Hellmann complete all required forms and records within "required timelines" and second, that Ms. Hellmann assured that "all activities required to complete forms and records meet process and compliance standards." The Job Target contained a deadline of December 20, 2001. Ms. Hellmann and Ms. Dintelman met four times during November to discuss the improperly completed areas in Ms. Hellmann's IEPs. They also reviewed the Missouri special education "Standards and Indicators."
As of the December 20 Job Target deadline, Ms. Hellmann only submitted a portion of the required paperwork. In light of Ms. Hellmann's partial compliance, Ms. Dintelman extended the Job Target deadline to January 16, 2002. During the extension period, Ms. Dintelman reviewed the paperwork Ms. Hellmann submitted and returned several documents with identification of specific errors and omissions. Although Ms. Dintelman agreed to an additional one-day extension, Ms. Hellmann did not submit the remainder of her work until January 24, 2002.
At that time, Ms. Dintelman, Ms. Hellmann and Principal VanZee signed a Summary of Progress stating that Ms. Hellmann's completion of the Job Target was unacceptable. Principal VanZee and Ms. Dintelman also warned Ms. Hellmann that continued failure to comply with paperwork requirements would result in further action. Ms. Dintelman reviewed the remaining paperwork submitted by Ms. Hellmann and drafted a memorandum to Ms. Hellmann indicating additional concerns with the content of the paperwork.
The District issued Ms. Hellmann a notice of deficiencies pursuant to Section 168.116 on February 19, 2002. The notice informed Ms. Hellmann that failure to satisfactorily improve her performance could result in termination of her employment for "willful and/or persistent violation of Board of Education policy; and/or incompetence, inefficiency and insubordination." The notice contained nearly five pages of specific performance deficiencies largely related to failure to complete required paperwork for students assigned to Ms. Hellmann. The District assigned Ms. Dintelman to "meet and confer" with Ms. Hellmann to help her address the identified deficiencies.
Ms. Dintelman met with Ms. Hellmann several times during the thirty-day period following the notice of deficiencies. At the end of the thirty days, on April 2, 2002, Ms. Dintelman told Ms. Hellmann that her paperwork was timely and compliant. Nevertheless, Ms. Dintelman extended the effect of the notice of deficiencies until February 2003.
As the 2002-2003 school year progressed, Ms. Hellmann again began to fall behind on paperwork. In a team meeting on November 13, 2003, Ms. Dintelman requested that teachers submit a copy of IEPs to her within 10 da
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