Thomas v. Contoocook Valley School Dist.

• Citation: 150 F.3d 31
• Decision Date: 06 April 1998
• Docket Number: No. 1,No. 97-2388,1,97-2388
• Parties: 128 Ed. Law Rep. 78, 8 A.D. Cases 599, 13 NDLR P 202 Johanna THOMAS, Plaintiff, Appellant, v. CONTOOCOOK VALLEY SCHOOL DISTRICT and School Administrative Unit, Defendants, Appellees. . Heard
• Court: United States Courts of Appeals. United States Court of Appeals (1st Circuit)

Page 31

150 F.3d 31

128 Ed. Law Rep. 78, 8 A.D. Cases 599,

13 NDLR P 202

Johanna THOMAS, Plaintiff, Appellant, v. CONTOOCOOK VALLEY SCHOOL DISTRICT and School Administrative Unit No. 1., Defendants, Appellees.

No. 97-2388.

United States Court of Appeals First Circuit.

Heard April 6, 1998.

Decided July 24, 1998.

James F. Allmendinger, Staff Attorney, NEA-New Hampshire, for appellant.

John H. Vetne, with whom Sheliah M. Kaufold, William J. Phillips, and Blodgett, Makechnie & Vetne were on brief, for appellees.

Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

Plaintiff-appellant Johanna Thomas appeals the grant of summary judgment to defendants-appellees Contoocook Valley School District and School Administrative Unit 1 (collectively, the "School Board") on her claim that her teaching contract was not renewed in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. This appeal involves the extent to which findings made during state administrative proceedings in which Thomas contested her dismissal have preclusive effect in federal court. The district court found that factual findings made by the defendant School Board, which were reviewed by the New Hampshire State Board of Education ("State Board") and the New Hampshire Supreme Court ("NHSC") conclusively established that the reason for her nonrenewal was nondiscriminatory. We disagree and reverse.

I. Background

On a motion for summary judgment, we recite the facts in a light most favorable to the nonmovant, Thomas. DeNovellis v. Shalala, 124 F.3d 298, 305-06 (1st Cir.1997).

Thomas began teaching in the Contoocook Valley School District in the early 1980s. From 1987 to 1989, Thomas received generally satisfactory evaluations of her performance, which described her as "a teacher who is building a solid program in her room as well as solid relationships with the children and their parents." These evaluations, which were conducted by various administrators, commended Thomas for such attributes as her enthusiasm, desire to improve, and ability to keep classroom interest high. The evaluations noted some problems, however, including her failure to arrive at school "during the expected time in the morning before school begins," and some difficulties with "large group classroom management." A later evaluation concluded that these problems had been resolved.

In September 1989, Thomas underwent throat surgery for the removal of polyps from her voice box, which made her voice sound persistently hoarse. In addition, she was forced to take an extended sick leave and missed a substantial amount of the 1989-90 school year.

When Thomas returned, she had problems arriving at school on time. On December 12, 1990, Principal Anita Willard (now Prud'homme) wrote Thomas a note complaining that Thomas was persistently late to school and warned her that Willard "just couldn't have this happening in this school." On March 19, 1991, Willard informed Larry Bramblett, the Superintendent, of her problems with Thomas. In addition, Willard excoriated Thomas in a letter to her, in which she wrote:

This letter is to inform you that the issue surrounding your lateness to school, meetings, and duties has reached a point where I can no longer handle it....

On Monday when you arrived at 9:15 with no excuse, I had already talked on the phone with a parent who wanted to talk to you before school about her child.... Your class when it arrived was unsupervised, you know that this has happened before, and given the nature and age of your children this is totally unacceptable.

The other problem concerns the staff meeting that was changed to fit your schedule.... [E]veryone else was on time except you.

...

I think you understand that our job requires us to be here at certain hours, cover our school duties, attend meetings on time, pass in work such as testing, budget items, report cards etc.

It often feels to me that it requires too much supervision on my part to see that you do your job.

The letter warned that Bramblett was expecting a call from Thomas within a week to discuss the situation. The next week, Bramblett sent a letter to Thomas, saying that her job was "in jeopardy" and that "her attendance particularly tardiness has placed your teaching performance in an unsatisfactory condition." He warned that "another incident regarding your classroom attendance or unfounded absenteeism will result in ... immediate dismissal."

During the next school year, Thomas's teaching performance was observed and evaluated in the normal course of evaluations. The school district utilized teacher performance observation forms that allowed an observer to rate a teacher "satisfactory," "not satisfactory," or "not observable" in regard to twenty different attributes of classroom performance, such as "demonstrates knowledge of subject matter" and "prepared in advance of lesson." During the 1991-92 school year, Willard conducted observations of Thomas's classroom performance on February 7 and 12, 1992. She rated Thomas "satisfactory" or "not observable" in all categories. Thomas's overall evaluation for the 1991-92 school year, also conducted by Willard, recommended that Thomas be renewed for the following year. The evaluation suggested that Thomas work on "classroom management, learning techniques to keep all students focused and on task," but commended her for improving her attitude toward "non-instructional issues," such as paperwork, due dates, working with other staff, and testing duties.

Subsequently, on several occasions after Willard recommended renewal, Bramblett expressed concern over Thomas's voice problems. He wrote Thomas on March 13, 1992, explaining that a number of parents had complained about her teaching performance and that at least one was "concerned about her child understanding you with your recent voice problems." On May 21, 1992, Bramblett explained in a memorandum to Thomas that he had called Thomas's doctor "regarding the chronic or apparent chronic condition of your voice" and noted parents' complaints "regarding student comprehension from your verbal instructions." On June 6, 1992, Thomas saw her doctor, who described her condition as "chronic laryngitis," and recommended "intensive speech therapy with a change in voice habits that reduces strain on the vocal chords." On June 17, 1992, Bramblett criticized Thomas for not obtaining medical advice in a timely manner and tied her voice problems to her classroom performance. He stated:

I have felt all along that you have not grasped the seriousness of the matter before you. Although I recommended seeing your doctor a month ago, only now have you decided to seek medical advice regarding your voice. My classroom observations still leave me uncertain as to your specific problem--control issues because children cannot detect the inflection in your voice, or if control is a chronic condition unaffected by a physical problem.... I again urge you to consider Long [sic] term disability insurance and taking at least a year off before I begin evaluating your tenure in this district.

He then informed her that she was being transferred from Hancock Elementary school, where she had taught a combined grade class, to Antrim Elementary School, to teach in a second grade class. On August 3, 1992, Bramblett, in a letter summarizing a recent meeting between them, required Thomas to get a second opinion on her voice, and a "general release" certifying both that her voice "ha[d] improved to the point that [she could] communicate in normal fashion with children ranging in ages from six to nine years old" and that her condition "is not expected to regress." Bramblett threatened that her failure to obtain these assurances "would result in a temporary or permanent loss of employment."

Thomas subsequently obtained a letter from the Massachusetts Eye and Ear Infirmary which recounted her "persistent hoarseness," but noted that her "phonation" had improved due to speech therapy, and expressed the hope that "an entire summer of voice rest and continued speech therapy ... as well as Vanceril inhalers ... may significantly improve the quality of her voice by September."

On October 27, 1992, Bramblett placed a "Warning Memo" in Thomas's permanent record file. The memo specifically incorporated by reference his prior correspondence with Thomas concerning her voice, describing them as "evaluations," ¹ and recounted his observations during a forty minute classroom visit. He complained that "students were not well focused," and "not well engaged." He criticized a math lesson, and noted that his "concern persists about classroom control, effective use of time, and development of consistent well defined lessons." He advised, "Each of these areas define my focus for observations between now and March 1, 1993." Yet Bramblett didn't observe Thomas's class again until February 19, 1993. On February 26, 1993, Bramblett wrote a letter informing Thomas that he had decided not to renominate her "at the School Board renomination meeting on March 16, 1993," explaining that his "last observation of February 19, 1993 showed no substantial improvement of the concerns expressed in November." The letter cited three reasons as the bases for his decision: a lack of classroom control, ineffective use of class time, and poor lesson development.

On March 29, 1993, Keith R. Burke, the Assistant Superintendent, notified Thomas in writing that the School Board had not re-elected her for the upcoming school year, and informed her that she had the right under N.H.Rev.Stat. Ann. ch.189:14-a to a hearing before the school board and to obtain a statement of reasons, in writing, for the Board's decision not to re-elect her. His letter also advised Thomas that the School Board would issue its decision fifteen days after the close of the hearing. Thomas asserted her right to a hearing, which was...