Beck v. James

793 S.W.2d 416, 2 Am. Disabilities Cas. (BNA) 968, 1990 Mo. App. LEXIS 881, 1990 WL 74523
CourtMissouri Court of Appeals
DecidedJune 5, 1990
Docket57650
StatusPublished
Cited by11 cases

This text of 793 S.W.2d 416 (Beck v. James) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beck v. James, 793 S.W.2d 416, 2 Am. Disabilities Cas. (BNA) 968, 1990 Mo. App. LEXIS 881, 1990 WL 74523 (Mo. Ct. App. 1990).

Opinion

CRANDALL, Judge.

Mary Beck appeals from the judgment of the trial court affirming the decision of the Board of Education of Palmyra R-I School District (Board) to terminate her contract as a permanent teacher. We affirm.

The scope of judicial review for an administrative decision is limited to a determination of whether or not the order is supported by competent and substantial evidence based upon the whole record, whether the decision was arbitrary, capricious or unreasonable, or whether the administrative action constituted an abuse of discretion. Gamble v. Hoffman, 732 S.W.2d 890, 892 (Mo. banc 1987). The evidence must be viewed in the light most favorable to the decision of the Board. Lebedun v. Robinson, 768 S.W.2d 219, 222 (Mo.App.1989). Neither this court nor the circuit court may substitute its judgment for that of the Board. Carraway v. Sayad, 717 S.W.2d 280, 282 (Mo.App.1986). If the evidence would support either of two findings, the court is bound by the Board’s decision and has no authority to determine credibility of witnesses. Lebedun, at 222.

We must determine, however, if the Board’s findings and conclusions are reasonable in light of all the evidence presented. Carraway, at 282. If they are clearly contrary to the overwhelming weight of the evidence, it is our duty to reverse the Board’s decision. Id.

At the time proceedings were initiated to terminate her teaching contract, Beck had been a teacher in the Palmyra R-I School District (Palmyra) for 19 years and had been in the teaching profession for 29 years. She was one year short of teaching the 30 years necessary to draw full pension benefits. She taught mathematics exclusively, for the first 17 years at Palmyra until she was reassigned to teach sixth grade reading, spelling, mathematics and social studies. Her primary certification was elementary education, which includes education in all major subject areas.

The principal of Palmyra (principal) had been in the educational field for 19 years, the last seven of which she spent as a principal. Principal began her job at Palmyra and met Beck in the fall of 1985. In 1987 principal made written evaluations of a number of teachers at Palmyra, and Beck received the worst evaluation. In March of 1988 principal served Beck with a notice of deficiency that, if not remedied, might lead to formal charges being brought against her. The areas of deficiency cited were Beck’s instructional methods, communication and classroom management.

A three month probationary period followed wherein the superintendent of Palmyra (superintendent) assigned principal to observe and assist Beck in remedying all alleged deficiencies. Principal observed Beck’s classes several times a week and had weekly conferences with Beck to review her observations. Principal made three written evaluations of Beck, none of which Beck questioned, critiqued, or debated in writing. Additionally, principal made recommendations to Beck for improvement, gave Beck access to written materials and in-service programs, and offered Beck time *418 away from her regular teaching responsibilities to observe other teachers.

Superintendent conferred with principal at the end of the probationary period. Based on her two years of observing and assisting Beck, principal recommended that Beck’s contract be terminated. Superintendent determined that Beck had not remedied her deficiencies, so he served Beck with eight detailed, written charges of incompetency and inefficiency, together with a notice of hearing. At hearing Beck admitted, “I will say the charges that they have — that are listed are well documented. I will attest to that and let it go at that at this time.”

Palmyra submitted nearly one hundred pages of exhibits documenting over two years of principal’s observations, summa-tive evaluations of Beck’s performance, formal recommendations to Beck for improvement (“job targets”), and notes of conferences with Beck. Principal testified to the veracity of this documentation and to complaints principal received from parents about Beck’s teaching. These exhibits included numerous examples of Beck’s written errors in spelling, punctuation and grammar — many of which appeared on writings for students’ viewing. Within these exhibits, Beck not only misspelled the names of 26 of her students but also misspelled her own name. Further, Beck admitted she has had life-long difficulties with spelling and grammar.

In Beck’s defense, thirteen witnesses (current and former students, parents of current students, and fellow teachers) testified to Beck’s competency as a teacher. To the same effect, Beck also submitted seven different letters and affidavits from former students and parents of current students.

Board issued its Findings of Fact, Conclusions of Law and Decision terminating Beck’s indefinite teaching contract. Beck appealed. Beck then went to a clinical psychologist (psychologist) who diagnosed her as having a learning disability that directly affected her spelling, punctuation and grammar. Psychologist placed her, however, in the bright/normal range of intellectual functioning. The trial court remanded the case to Board for consideration of psychologist’s report. District submitted a critique by experts of the report claiming the report did not conclusively establish that Beck’s test results were caused by a learning disability.

Board reaffirmed its prior decision, specifically finding that Beck was not within the class of handicapped persons protected under Section 213.055, RSMo (1986) and that Beck’s dismissal was not a result of any alleged handicap. The trial court affirmed Board’s amended decision.

For her first point, Beck claims Board erred in terminating Beck's contract because Board’s decision was not supported by competent and substantial evidence on the record as a whole. “[Tjhere is a strong presumption of validity in favor of a school board’s decision because the courts are reluctant to interfere with a board’s broad discretion in matters affecting school management.” Bell v. Board of Education of the City of St. Louis, 711 S.W.2d 950, 955 (Mo.App.1986).

Beck first argues that Board’s decision rested entirely upon principal’s evaluations of Beck during her last two years at the district and on hearsay parent complaints about Beck’s methods. This argument disregards not only the scores of examples of Beck’s errors in spelling, punctuation and grammar, but also Beck’s admissions that (1) all eight charges against her were correctly documented; (2) she has had lifelong difficulties in spelling and grammar; and (3) she had received complaints from two prior principals about her inefficiency and incompetency as a teacher.

Beck also argues that principal’s opinion that Beck harmed her students was unfounded, because there was no evidence of actual harm to the students. Section 168.-114.1(3), RSMo (1986) provides that incompetency and inefficiency are grounds for termination.

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Bluebook (online)
793 S.W.2d 416, 2 Am. Disabilities Cas. (BNA) 968, 1990 Mo. App. LEXIS 881, 1990 WL 74523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beck-v-james-moctapp-1990.