JC Schools files to appeal decision to reinstate fired employee

Tammy Ferry sits between her attorneys, David Moen, left, and Roger G. Brown, on July 10, 2019, during her hearing before the JC Schools Board of Education in the auditorium in the Miller Performing Arts Center.
Tammy Ferry sits between her attorneys, David Moen, left, and Roger G. Brown, on July 10, 2019, during her hearing before the JC Schools Board of Education in the auditorium in the Miller Performing Arts Center.

The Jefferson City School District has filed to appeal a court's decision in the case of a fired employee to the Missouri Supreme Court.

Tammy Ferry, a former instructional technology coordinator, was fired in July 2019 after a hearing over allegations she had put student information at risk when she transferred files to her personal Google account.

The district also alleged Ferry had violated school board regulations by failing to return district property, talking to district employees while the investigation was ongoing, and returning to the district premises.

The board fired Ferry on the grounds that she had violated Family Educational Rights and Privacy Act policy.

Cole County Judge Jon Beetem ruled March 3 that the district had illegally fired Ferry, saying there was no evidence a disclosure of information had been made to a third party. Beteem ordered the district to restore Ferry's employment, pay her back pay from between her discharge and reinstatement, and pay attorney's fees.

JC Schools filed a notice of appeal on Beetem's ruling March 10, arguing Ferry had violated FERPA and board policy by transferring files to her personal Google account.

Earlier this month, Missouri's Western District Court of Appeals upheld the initial judgment reversing the Board of Education's decision to fire Ferry. Judge Douglas Thomson agreed the district had illegally fired Ferry because there is no evidence Ferry disclosed student information to a third party.

The board's policies reference FERPA's definition of "disclosure," according to the judge's ruling. FERPA defines disclosure as a communication to a party other than "the party that provided or created the record."

The judge ruled, based on the FERPA's definition of disclosure, that Ferry's transfer of files to herself via her personal Google account does not constitute a disclosure.

David Moen, Ferry's attorney, said the court reviewed the facts the Board of Education found to be true, and he believes the decision of the appeals court is "sound" and "bulletproof."

"What (the district is) arguing is that a court should look at every piece of evidence in the case, even evidence that the board disregarded, to try to uphold the decision, and essentially what they're arguing is that a court on appeal should rewrite the decision for the board," he said.

Ryan Burns, communications director for the Jefferson City School District, said the district believes it is in the best interest of students and staff to pursue this appeal.

"Protecting the security and privacy of the student data entrusted to the Jefferson City School District is one of our highest priorities," she said.

Ferry also filed a discrimination lawsuit against the district in April 2017, alleging retaliation, sex discrimination and a hostile work environment. A trial in that case is scheduled for June 1-11.