O'Connell v. School District of Springfield R-12

830 S.W.2d 410, 1992 WL 79035
CourtSupreme Court of Missouri
DecidedJune 2, 1992
Docket74218
StatusPublished
Cited by28 cases

This text of 830 S.W.2d 410 (O'Connell v. School District of Springfield R-12) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Connell v. School District of Springfield R-12, 830 S.W.2d 410, 1992 WL 79035 (Mo. 1992).

Opinions

COVINGTON, Judge.

Appellant Kathleen O’Connell was a tenured, permanent teacher under an indefinite employment contract with the School District of Springfield R-12. §§ 168.104(4) and 168.106, RSMo 1986. The District terminated appellant’s indefinite contract on August 1, 1990, for “incompetency and inefficiency as set forth in § 168.114.1(3), RSMo.” Upon appeal the circuit court affirmed the District’s decision. § 168.120, RSMo 1986. The Missouri Court of Appeals, Southern District, reversed. This Court granted transfer to consider whether O’Connell received adequate notice of the charges against her. The judgment of the circuit court is affirmed.

On January 31, 1990, the District superintendent of schools provided written notice to appellant of claimed deficiencies in her job performance. The notice was in the form of a letter that, in its first paragraph, advised appellant that if the deficiencies were not “removed by the end of the second semester,” charges might be filed against her. The letter continued:

[412]*412In spite of the efforts of the District Administrators, deficiencies in your performance remain. In past years, numerous conferences have been held with you. During these conferences, suggestions and directives have been given by an Assistance Team and District Administrators to assist in the improvement of your performance. However, to date, significant improvement has not occurred. Accordingly, this letter constitutes a statutory warning that if satisfactory improvement is not made by June 9, 1990, formal charges will be brought against you and your employment may be terminated.
Areas of performance deficiencies include the following:
A. INSTRUCTIONAL PROCESS
1. Failure to use a variety of effective teaching techniques and methodologies.
2. Failure to use instruction time effectively.
3. Failure to demonstrate effective planning skills.
4. Failure to communicate effectively with students.
5. Failure to provide effective student evaluation.
6. Failure to provide opportunity for individual differences.
B. CLASSROOM MANAGEMENT
1. Failure to manage student behavior in an appropriate manner.
2. Failure to establish and maintain a positive classroom climate conducive to learning.
C. POSITIVE INTERPERSONAL RELATIONS
1. Failure to demonstrate effective interpersonal relations with students.
Although these deficiencies are of the gravest nature, it is our hope that the deficiencies may be removed and, to that extent, we are willing to make available for your assistance the continued services of District teachers and administrators. Please contact Dr. Ann Barefield and Mr. Bill Reed to arrange a conference at your convenience to discuss methods for improvement.

On June 6, 1990, an eighteen-page written “Statement of Charges Preferred Against Kathleen O’Connell” provided notice of formal charges against appellant. The superintendent of schools notified appellant by letter that appellant could request the Board of Education to conduct a hearing to consider the charges against her. Appellant requested a hearing. At the hearing on July 21, 1990, a stenographic verbatim record was made, a transcript of which was completed and filed with the Board. Following the filing of the transcript, the Board rendered its decision terminating appellant’s employment on the grounds of incompetency and inefficiency.

Appellant’s first point on appeal alleges that the January 31, 1990, letter failed to set forth the deficiencies with sufficient particularity to satisfy the requirements of § 168.116, RSMo 1986, and that, as a consequence, the action taken by the district is void.

Section 168.116 sets forth the procedures to be followed in order to terminate an indefinite contract of a permanent teacher on grounds of incompetency or inefficiency. In pertinent part, § 168.116 reads as follows:

2. At least thirty days before service of notice of charges of incompetency, inefficiency, or insubordination in the line of duty, the teacher shall be given by the school board or the superintendent of schools warning in writing, stating specifically the causes which, if not removed, may result in charges. Thereafter, both the superintendent, or his designated representative, and the teacher shall meet and confer in an effort to resolve the matter.

§ 168.116.2, RSMo 1986.

Prior to any hearing that may occur pursuant to § 168.118, RSMo 1986, § 168.116 requires compliance with a three-step process, the first two of which are explained in Selby v. North Callaway Bd. of Educ., 777 S.W.2d 275 (Mo.App.1989):

“1. Under § 168.116.2 a written warning must be given the teacher by the school board, “stating specifically the [413]*413causes which, if not removed, may result in charges.” Section 168.116.1. This is referred to as the “warning letter.”
2. The next step is the superintendent or a designated representative must “meet and confer with the teacher, in an effort to resolve the matter.” Section 168.116.2. The teacher is to be given at least 30 days during this period to remedy the deficiencies noted in the warning letter. Id.; Hanlon v. Board of Education of Parkway School District, 695 S.W.2d 930, 932 (Mo.App.1985). This 30 day period can be expanded, and will be referred to as the “curative period.” “The purpose of § 168.116.2 is to give the teacher an opportunity to know exactly what the complaints against him are and afford him an opportunity to cure the situation before charges are brought.” [Adkins v. Hazelwood School District, 743 S.W.2d 869, 872 (Mo.App.1987) ].”

Id. at 276.

The inquiry in this case focuses on the purpose of the warning letter. The purpose of the warning letter is to guarantee the teacher an opportunity to know exactly what the complaints are against him or her and to afford the teacher a chance to cure the situation before the charges are brought. Artherton v. Bd. of Educ. of School Dist. of St. Joseph, 744 S.W.2d 518, 521 (Mo.App.1988); Adkins v. Hazelwood School Dist., 743 S.W.2d at 872; Iven v. Hazelwood School Dist., 710 S.W.2d 462, 464 (Mo.App.1986); Rainwater v. Bd. of Educ. of Greenville, 645 S.W.2d 172, 175 (Mo.App.1982); Blue Springs Reorganized School Dist. IV v. Landuyt, 499 S.W.2d 33, 36 (Mo.App.1973). The determination of whether a warning letter fulfills the requirements of § 168.116.2 must necessarily be made on a case-by-ease basis.

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Bluebook (online)
830 S.W.2d 410, 1992 WL 79035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnell-v-school-district-of-springfield-r-12-mo-1992.