KANSAS CITY - An appeals court on Oct. 16 overturned a Cole County court finding in favor of a school teacher who was terminated from Fox C-6 School District after having worked there 25 years, finding the trial court erred by declaring invalid two policies that were allegedly violated by the teacher.
Deborah Lehmann, a certified speech language pathologist, sued the school district after it brought a statement of charges against her claiming she "willfully and persistently" violated policies IGBA-1 and GBCB, related to programs with disabilities and staff conduct.
Lehmann's suit, which was filed before a hearing was held, claimed that the Jefferson County school district lacked authority to seek her termination on the alleged violations of the policies because the policies "constituted invalid regulations insofar as they were 'policies' and not 'regulations'" and permitted "termination proceedings against a 'permanent teacher' for the violation of only 'published regulations of the board of education."
At a hearing held Jan. 11, Lehmann conceded that, contrary to the argument in her petition, the validity of the policies did not turn on whether they were "denominated policies or regulations."
"Lehmann argued, for the first time however, that the policies were nevertheless invalid because District’s exhibits did 'not show that [the policies] had been duly signed by the Board or that they were ever delivered to the district clerk or that they were transmitted by the district clerk to the teachers employed at the schools,' and, she argued, 'those [three] steps are required by Statute 171.011' by arguing that the school district’s board policies were void," said the Missouri Court of Appeals for the Western District ruling. "Specifically, Plaintiff argued that Board Policies IGBA and GBCB—the two policies for which she was charged with violating—were not properly promulgated, adopted, and published in accordance with Missouri law."
On appeal, the school district raised two points - that contrary to Cole County Circuit Judge Daniel R. Green's ruling, policies were properly promulgated and that Lehmann was not entitled to injunctive relief because she had an adequate remedy at law.
The appeals panel that included Chief Judge Karen King Mitchell and Judges Cynthia L. Martin and Jennifer M, Phillips, held that because the school district substantially complied with state law that gives school districts authority to enact rules and regulations, the policies at issue are valid.
"Because the evidence before the circuit court does not establish that District failed to substantially comply with the statutory procedures, its policies are valid and may form the basis for termination proceedings against Lehmann," King Mitchell wrote for the panel. "The trial court’s judgment is reversed and the permanent injunction is hereby dissolved."