Lawler v. Peoria School District No. 150

119 F. Supp. 3d 928, 2015 U.S. Dist. LEXIS 104280, 2015 WL 4735525
CourtDistrict Court, C.D. Illinois
DecidedAugust 10, 2015
DocketCase No.: 12-1299
StatusPublished

This text of 119 F. Supp. 3d 928 (Lawler v. Peoria School District No. 150) is published on Counsel Stack Legal Research, covering District Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawler v. Peoria School District No. 150, 119 F. Supp. 3d 928, 2015 U.S. Dist. LEXIS 104280, 2015 WL 4735525 (C.D. Ill. 2015).

Opinion

ORDER AND OPINION

James E. Sh'adid, Chief United States District Judge

Defendant, Peoria School District No. 150 (“District 150”) has moved for summary judgment [55]. The parties. have fully briefed the Motion and Response. For the reasons set forth below, Defendant’s Motion for Summary Judgment [55] is GRANTED.

Statement op Facts

Eymarde Lawler (“Lawler”) began working as a' teacher in District 150 in 1999. Lawler received a Learning Behavioral Specialist 1 license from the State of Illinois, which allowed her to teach special education students. The job description for District 150 included: creating a classroom and school environment that is conducive to learning and appropriate to the maturity and interests of students; assuming responsibility for the safety and well-[930]*930being of students under: their supervision; maintaining order in the classroom in a fair and just manner; maintaining and improving professional competence; and reporting to work for the 180-day teacher working year. See Docket Entry 56 ¶ 3.

Lawler worked part-time through 2003. In August 2005, District 150 hired. Lawler as a full-time special education teacher and assigned her to the White Middle School. Lawler was then transferred to the King-man Primary School where she taught from 2006-2009. Annette Johnson evaluated Lawler during the 2006-2007 school year. Lawler received a satisfactory rating; however, the review stated, “Mrs. Lawler would benefit from handling confidential information and difficult situations more tactfully in accordance with district policies and -practices.” See Docket Entry 57-2. Johnson evaluated Lawler during the .2007-2008 school year. Lawler- received a satisfactory performance review that highlighted some of her improvements. The review also, stated, “Ms. Lawler would benefit from handling confidential information and difficult situations with her students and colleagues more tactfully in accordance with district policies and practices.” See Docket Entry 57-3. In 2008-2009, Lawler received a satisfactory rating. Johnson noted in Lawler’s evaluation that Lawler was “showing growth by making necessary changes in how she deals with her colleagues, students, and families and is developing a professional work ethic.” See Docket Entry 57-4.

District 150 transferred Lawler to the Roosevelt- Magnet School for the 2009-2010 school year. Magnolia Branscumb, Principal- of Roosevelt 'Magnet School, evaluated Lawler during- the 2009-2010 school year. Lawler received a satisfactory performance; however, it was given with serious reservations. Specifically, the review noted that Lawler failed to: “Work cooperatively with colleagues and contribute to the learning community; Handle confidential information and difficult situations tactfully; Be punctual to job assignments and, meetings; Create a well-organized, . planned environment for learning; Provide appropriate materials that engage the student in the learning activity; Create a caring inclusive, and challenging classroom; Begin class work promptly; Minimize management and transition time; Follow the general procedures and protocols of the school and of the district'in a timely manner.” See Docket Entry 57-5.

, In May 2010, after receiving her evaluation, Lawler provided District 150 with a note from her psychologist, Dr. Steven Hamon who indicated he was treating Lawler for PTSD. The letter stated in part that “a conflictual situation has arisen chiefly with the school principal, but all with other faculty members.” See Docket Entry 57-6. Dr. Hamon recommended that Lawler be given a leave of absence for the remainder of the 2009-2010 school year, be transferred to another school, and not be reassigned to teach in the same school as the current Roosevelt -Principal. District 150 placed Lawler on leave.for the remainder of the 2009-2010 academic year and transferred her to another school the following year.

During the 2010-2011 school year, Lawler worked at the Trewyn School Day Treatment Program. The Day Treatment Program is for students with behavioral and emotional disorders. Lawler was qualified to teach all special education students, including those with behavioral -and emotional problems disorders such as those enrolled in the Day Treatment Program, because she has a Learning Behavioral Specialist I certificate.

Mary Camp supervised the Day Treatment Program from 2008 through early October 2011. Camp was a special education coordinator at Trewyn Day Treat[931]*931ment. When Lawler learned that she was going to be transferred to the Day Treatment Program, she began corresponding with Camp regarding her concerns about transferring because she did not have experience working with students with severe behavioral and emotional disorders.

Camp evaluated Plaintiff during the 2010-2011 school year. Lawler received a satisfactory rating. Lawler’s areas of improvement included: /‘Developing interpersonal skills, perspective taking, timeliness of communicating concerns, and emotional regulation; Skills in the area of classroom management, classroom environment, students being actively engaged, and evidence based behavior interventions; Summaries, review, and provide closure for all lessons; Vary assessments at end of each lesson; clearly communicate lesson objective; and how you will know students attained the objective; Identify instructional models/strategies' in lesson plans and closing assessments.” See Docket Entry 60, p. 2.

Lawler returned to the Day Treatment Program at Trewyn for the 2011-2012 school year. In July 2011, Lawler’s father passed away unexpectedly and Lawler' and her siblings took over the care of their disabled mother. In August 2011, Lawler witnessed the aftermath of a shooting. On September 16, 2011, a student pushed past Lawler causing her to fall backwards and strike her head against the wall. Lawler was injured and removed from the school by ambulance. On September 20, 2011, Plaintiff- saw Dr. Hamon to discuss the injury she sustained from her student as well as the emotional stress caused by the passing of her father and witnessing the aftermath of the shooting. Due to her past trauma, Lawler suffered from dissociative identity disorder and Post Traumatic Stress Disorder (“PTSD”).

On September 7, 2011, Lawler and a teacher’s aide overheard a student telling another student that his father .was sexually abusing him. Lawler and the teacher’s aide reported this to Camp. Although, both Lawler and the aide were both mandated reporters, Camp told them not report the incident because the student was known to lie. Lawler did not report the incident at that time. Lawler called DCFS and reported the student’s statement five weeks later. Lawler later went to Nunn and told her about the incident and that Camp told her not,to report it. Nunn suspended,Lawler and the aide for failing to report the incident. Lawler also received a Notice to Remedy for her conduct.

On September ,21, . 2011, Plaintiff met with Teri Dunn, District 150’s Director of Human Resources and gave her letter from Dr. Hamon also dated on the twenty-first. The letter stated in part that Lawler’s PTSD had been in remission, but had been triggered by the passing of her father, the shooting, and the injury from the student. Dr. Hamon recommended that “Ms. Lawler be granted a two-week Leave of Absence from work in order- to recover from the .emotional events of her- Summer and early Fall, and to gain traction, toward remission of her PTSD symptoms” and .a “transfer to another special education job in the District that does not involve B.E.D.

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Bluebook (online)
119 F. Supp. 3d 928, 2015 U.S. Dist. LEXIS 104280, 2015 WL 4735525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawler-v-peoria-school-district-no-150-ilcd-2015.