Legal Question in Education Law in Missouri

Teacher Reprimanded for Reporting Willful Neglect

I am a teacher. My classroom is a computer lab. The roof began leaking water into my classroom last school year. The floor is saturated with water. The tile, which has asbestos in it, is cracking on the floor. The ceiling tile is missing and insulation hangs from the ceiling. I reported this dangerous situation to my principal and superintendent. Neither of them reported the problem to our Board members. The problem continues to exist. This school year, I contacted three Board members. One Board members came to my room to see the damage. He met with my superintendent.The superintendent ordered my principal to reprimand me. The principal gave me a letter of reprimand which went into my personal file. I have contacted my Union Representative. Now, I'm believe the principal and superintendent resents me because of recent actions against me. I can't get any of my personal or educational supplies from my classroom. I requested that my students and I be removed from the dangerous. They finally moved us to a different room. I received the letter because my principal said that I did not follow protocol. Is there a protocol when children are in danger? Do I have the law on my side? Am I a mandated reporter of child endangerment?


Asked on 12/03/05, 2:36 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Teacher Reprimanded for Reporting Willful Neglect

In my view the smart thing to do is to hire an attorney to get that letter removed from your file. You followed the chain of command and the chain of command failed to take action. You have a first amendment right to contact your board members. File a grievance and take it to the board, and make sure the board member who visited your classroom gets a copy of it. It is patently illegal to retaliate against you when you are acting pursuant to the First Amendment right to petition for redress of grievances. If you need a referral to a good attorney, MNEA should be able to help you.

If you put up with this kind of stuff, it just gets worse. Push back.

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Answered on 12/05/05, 10:23 am


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