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Hellmann v. Union School District8/23/2005
terminating her because the Board improperly construed the statutory terms "incompetency," "inefficiency" and "insubordination" in violation of Section 168.114.1(3). Specifically, Ms. Hellmann asserts that the Board improperly based its findings and conclusions on Ms. Hellmann's non-teaching, non-substantive processing of burdensome administrative paperwork. Additionally, Ms. Hellmann alleges that the Board erroneously failed to consider Ms. Hellmann's past teaching evaluations before reaching its decision.
As a preliminary matter, we note that although the terms incompetency and inefficiency are not statutorily defined in the Tenure Act, several cases have judicially defined the scope of these terms to mean the inability "to perform ... professional teaching duties in a manner acceptable to the Board." Artherton v. Board of Education of the School District of St. Joseph , 744 S.W.2d 518, 522 (Mo.App.W.D. 1988); Beck v. James , 793 S.W.2d 416, 418 (Mo.App.E.D. 1990); Johnson , 868 S.W.2d at 197. Indeed, because the operation of the school system is entrusted to a board of education, each respective board must determine the level of competency and efficiency required in its district. Hanlon v. Board of Education of the Parkway School District , 695 S.W.2d 930, 934 (Mo.App.E.D. 1985). "Neither competency nor efficiency can be established by a measurement or weighing of a group of incidents or conduct which are then graded on an established scale." Id. Rather, competent district administrators evaluate a given teacher's competency and efficiency through subjective evaluation of performance. Id. A board reviews the credibility of the administrator's evaluation. Id. As a general matter, we are not authorized to second-guess the board's ultimate conclusion. Id.
In this case, the Board heard uncontradicted testimony from Ms. Dintelman who testified that, in the District, the timely and accurate completion of special education paperwork is a crucial component of a special education teacher's job. Ms. Dintelman further testified that failure to comply with paperwork requirements can result in a loss of free and appropriate education for students with special educational needs.
Ms. Hellmann did not dispute the fact that case management and the resultant paperwork are an integral part of a special education teacher's job. Rather, Ms. Hellmann argued that Congress is considering reducing some of these burdensome paperwork requirements. In addition, Ms. Hellmann stressed that her paperwork deficiencies did not harm Ms. Hellmann did not dispute the fact that case management and the resultant paperwork are an integral part of a special education teacher's job. Rather, Ms. Hellmann argued that Congress is considering reducing some of these burdensome paperwork requirements. In addition, Ms. Hellmann stressed that her paperwork deficiencies did not harm her students or result in parent complaints about her services. To that end, Ms. Hellmann offered the testimony of former students and parents each of whom acknowledged that Ms. Hellmann played an integral role in ensuring these students' educational achievement and advancement.
We need not decide the legitimacy of Ms. Hellmann's contentions regarding the unduly burdensome nature of special education paperwork because the issue in this case is whether the record contains sufficient evidence of Ms. Hellmann's failure to comply with the District's special education paperwork requirements. Furthermore, Ms. Hellmann provided no support for the proposition that the District must demonstrate actual harm to students in order to meet its burden of proving a teacher's inability to perform her professional teaching duties. Indeed, we have specifical
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