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Hellmann v. Union School District8/23/2005
teacher and the district's representative met for ten minutes after one class and briefly after another, but no direction for improvement was given to the teacher on either occasion. Id. at 465. The teacher's evaluation period was extended to the next school year, but the district's designated representative never observed or evaluated the teacher again. Rather, the Chairman of the Math Department, who was not the district's designated representative, observed the teacher and, at the teacher's hearing testified that the teacher had "made the necessary improvements to avoid termination proceedings." Nevertheless, the board terminated the teacher. On appeal, the circuit court found, inter alia , that the board failed to comply with Section 168.116 because the superintendent who was chosen as the district's representative, failed to meet and confer with the teacher in a good faith effort to assist the teacher in remedying any defects in his performance. Id. at 463. The board appealed the circuit court's determination and we affirmed finding that the evidence failed to support a finding that the board "exercised the required good faith effort to give the teacher a chance to remedy defects." Id. at 465.
Ms. Hellmann asserts that the district's approach here is indistinguishable from the "sink or swim" approach we condemned in Iven . We disagree. Here, the record discloses that Ms. Dintelman worked with Ms. Hellmann prior to the time the District issued its notice of deficiencies, after the issuance of the notice of deficiencies and up to the time it issued written charges. In contrast to Iven , there is evidence here that the District representative met with Ms. Hellmann multiple times with the specific intention of assisting Ms. Hellmann in improving her performance. In fact, Ms. Dintelman began meeting with Ms. Hellmann as soon as the District issued the October 25, 2001 Job Target to assist Ms. Hellmann to meet the listed "improvement objectives." The record reflects that Ms. Hellmann and Ms. Dintelman met four times to discuss the improperly completed areas in Ms. Hellmann's IEPs. During one of these meetings, Ms. Dintelman reviewed with Ms. Hellmann Missouri's special education "Standards and Indicators."
Despite Ms. Dintelman's efforts to help Ms. Hellmann meet the Job Target, when the December 20, 2001 deadline arrived, Ms. Hellmann only submitted a potion of the required paperwork. In an effort to further facilitate compliance with the improvement objectives without resorting to further remedial action, 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 identifi Despite Ms. Dintelman's efforts to help Ms. Hellmann meet the Job Target, when the December 20, 2001 deadline arrived, Ms. Hellmann only submitted a potion of the required paperwork. In an effort to further facilitate compliance with the improvement objectives without resorting to further remedial action, 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. When Ms. Hellmann missed the extended Job Target deadline, Ms. Dintelman agreed to an additional one-day extension. Nonetheless, Ms. Hellmann did not submit the remainder of her work in a timely fashion.
At that time, Ms. Dintelman, Ms. Hellmann and Principal VanZee signed a Summary of Progress indicating that Ms. Hellmann's completion of the Job Target was unacceptable. Principal VanZee and Ms. Dintelman also warned Ms. Hellmann that continued fai
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