Cole County Judge Jon Beetem has upheld the Osage County R-2 Board of Education's decision to fire former principal Lorie Winslow.
Winslow was a principal at Linn middle and high school before May 18, when the Board of Education voted to immediately fire her for an allegedly late teacher evaluation and disclosing a teacher's family member had tested positive for COVID-19.
Winslow appealed the district's decision to fire her, claiming the board had retaliated against her and she did not willfully or persistently violate the policies. The court heard oral arguments Dec. 22.
No later than Jan. 31, 2020, Superintendent Dena Smith completed an evaluation advising Winslow "that she had failed to comply with administrative directives in numerous ways, and recounted several instances of dishonesty" regarding her failure to carry out assigned duties and comply with directives, according to the written ruling signed by Beetem.
The same document also "discussed deficiencies" in Winslow's performance as reported through a staff survey in which numerous teachers rated Winslow as below average in about 45 percent of the categories in the survey.
As a result of the evaluation, Smith offered Winslow the opportunity to transition from her role as principal to the director of student services, or alternatively, Smith would recommend the board not renew Winslow's contract, according to the ruling.
On Feb. 27, 2020, Smith directed the district's administrative team, including Winslow, to complete teacher evaluations "prior to" March 23, 2020.
Winslow had undergone training that focused on teacher evaluations, which informed her a completed evaluation includes an in-person summative conference where an administrator "sits down with the teacher and goes over the summative in detail, including strengths, weaknesses, areas of focus for the following year," according to the ruling.
Other administrators completed their evaluations and turned them in prior to March 23, but Winslow turned hers in on March 23, the ruling states. On one teacher evaluation, Winslow had written, "We went over this virtually due to the virus." Winslow dated the evaluation March 20, 2020.
This statement was false because Winslow had not discussed the evaluation with the teacher - in person or virtually - until March 25, 2020, according to the ruling.
On April 22, 2020, Smith provided Winslow with a statement of charges to fire her, claiming Wilson had violated two board policies.
On May 14, 2020, the board convened a hearing on the statement of charges, and Winslow and her counsel were there.
Under the Teacher Tenure Act, a school board may terminate a tenured teacher's contract as a result of "willful or persistent violation of, or failure to obey the school laws of the state or the school board's published regulations."
On May 19, 2020, the board issued its decision, which concluded Winslow "willfully and persistently violated board policy," and terminated her contracts.
Willfulness may be established through evidence of a violation of a rule along with the teacher's prior knowledge of the rule, according to the ruling.
The board found Winslow violated Board Policy 4630 that required her to "review and comply with" board policies and administrative directives and "submit requested reports in a timely manner and attend to all duties in a punctual manner."
The court found there was evidence Winslow was aware of this policy and that Smith gave Winslow a "clear directive to turn in completed evaluations 'prior to' March 23, 2020," according to the ruling.
Willfulness was also established by Winslow attempting to conceal her failure to meet the deadline by falsely stating she completed one of the evaluations virtually, the ruling states.
The board also concluded Winslow violated Smith's directive and board policy by discussing information regarding an employee's medical testing after Smith told her to keep the information confidential.
Smith's statement of charges alleged Winslow had told other staff members a teacher's family member had tested positive for COVID-19.
Winslow argued in her lawsuit the board and Smith had retaliated against her because she had expressed concerns about health and safety to the board.
The attorney representing the Osage County R-2 School District's Board of Education, Matthew Wilson, argued Winslow had clearly violated board policy.
The court found Winslow violated Board Policy 4820 because she "willfully and negligently disclosed confidential information about an employee's medical condition," according to the ruling.
Winslow's petition contends the board violated its own policies, denied her equal protection under Missouri and U.S. law, exceeded its authority and illegally dismissed her without a fair hearing.
The court found the board's decision was authorized by law, supported by substantial evidence, was not "arbitrary, capricious or unreasonable; and not an abuse of discretion," and "was made upon lawful procedure and with a fair trial," according to the ruling.
The News Tribune was unsuccessful in its attempts to reach the attorneys for Winslow and the school board.