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Hellmann v. Union School District8/23/2005
ys of the IEP meetings. However, by the end of January, Ms. Dintelman had not received copies of Ms. Hellmann's IEPs.
On January 31, 2003 Ms. Dintelman, Ms. Hellmann and an assistant superintendent met to discuss the problems cited in the February 19, 2002 notice of deficiencies. Because the problems identified in the notice continued to exist, the notice was extended through the school year. The assistant superintendent warned Ms. Hellmann that failure to remediate the problems in the notice could result in a "Statement of Charges."
At that same meeting, Ms. Dintelman reviewed with Ms. Hellmann which documents were overdue and which documents were incomplete or completed incorrectly. Nonetheless, Ms. Hellmann did not submit copies of the IEPs and other documents within ten days of the meetings with the students, as requested by Ms. Dintelman. Moreover, when Ms. Hellmann finally submitted her IEPs, they contained errors, including: wrong dates, an inadequate "post-secondary goals list" and missing "Notification of Meeting" and/or "Notification of Action" forms. Ms. Hellmann also failed to identify "agency linkages" on some forms and "transition service plans" for certain students.
As a result of Ms. Hellmann's persistent failure to complete her work correctly and in a timely fashion, Dr. Tilson issued a Statement of Charges for incompetency, inefficiency and insubordination as well as willful and persistent violation of, and failure to obey, school laws against Ms. Hellmann on May 5, 2003. After detailed references to particular acts of disobedience relating to individual students, the Statement charged Ms. Hellmann with violation of state and federal laws, the Individuals with Disabilities Education Act ("the IDEA") and "the school laws of the State of Missouri" contained in Sections 162.670 and 162.700 of the Missouri Revised Statutes.
After receiving the Statement, Ms. Hellmann requested a hearing before the Board. In its case, the District called two witnesses, Ms. Dintelman and Dr. Tilson. Dr. Tilson testified that she and Ms. Dintelman met with Ms. Hellmann at the beginning of the 2002-2003 school year to remind Ms. Hellmann that the notice of deficiencies remained in place. Dr. Tilson also testified that this was her only direct involvement and she relied on Ms. Dintelman's observations in issuing the charges. Ms. Dintelman testified in detail about the problems with Ms. Hellmann's paperwork and Ms. Dintelman's efforts to cure the deficiencies.
Ms. Hellmann called three former special education students, one parent, two District teachers and one special education aide to testify regarding her superior performance as a special education teacher. Ms. Hellmann also testified. She stated that she had never intentionally violated or disobeyed any law or policy. Ms. Hellmann admitted her mistakes and testified that they were inadvertent and the paperwork requirements were unduly burdensome. She admitted that in many cases she did not submit the paperwork to Ms. Dintelman within ten days of the meetings per Ms. Dintelman's request. She also rebutted one charge of incompleteness by testifying that Ms. Dintelman had not required that portion of the paperwork to be completed until after the date the forms were submitted.
The Board issued its Findings of Fact and Conclusions of Law terminating Ms. Hellmann's teaching contract. The Board concluded that Ms. Hellmann was incompetent, inefficient and insubordinate and had willfully and persistently violated and failed to obey Missouri's school laws and Board policies. Ms. Hellmann appealed the Board's decision to the Circuit Court of Franklin County which affirmed the Board's decision. This appeal fo
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