Board Terminates Teacher’s Contract

A hearing at a special meeting of the Alliance School Board ended in the termination of the contract of Denise Watson, a special education teacher at Alliance High School.

In the opening remarks of the hearing, Attorney Greg Perry, who represented Alliance Public Schools, presented the case against Watson as consisting of three parts: failure to comply with laws and policies regarding records, academic dishonesty, including altering grades, and violating confidentiality.

After Perry presented his opening remarks, Attorney John Hunzeker, who represented Watson, explained that she was at the hearing to “fight for her job.” He explained that Watson had asked for assistance, and, therefore, the responsibility for filing IEPs and other records falls onto her colleagues as well. Hunzeker noted that this was Watson’s first year using PowerSchool to enter grades, and that she had asked for training. He also addressed the claim of violating confidentiality noting that her classroom was locked when she was not in it, and that when she occupied the room she could monitor who was in the room and their actions.

After opening remarks concluded, Elizabeth Baker, District Special Education Director, was the first witness to testify. During her testimony, Baker said Watson did not ask her for support in the fall semester. She explained that after researching Watson’s caseload, she discovered four IEPs that were overdue. After the discovery, she said Principal George Clear, Assistant Principal Tera Digman and she met with Watson to address the issue.

“At that time, she indicated she didn’t realize the IEPs were overdue, but that she was concerned about it and that she would have those IEPs completed by Dec. 1,” said Baker.

Baker said Watson had a caseload of 20 students, which she described as a normal caseload. Baker said Watson was reprimanded before she completed the reports that were late. She also noted several instances where meeting notices were backdated. Perry asked whether it was a serious concern, and Baker confirmed that it was, noting that it could have led to students being disqualified from receiving special education services.

Baker confirmed that Watson was suspended on March 26, but said that progress reports for the third quarter were due before that. She confirmed that 20 progress reports were not completed for the third quarter. Baker also said she completed Watson’s Full Time Equivalency report, which are directly linked with the funds the district receives for special education.

Baker recommended Watson’s contract be canceled. When Hunzeker questioned Baker, he asked whether she was aware of personal issues in Watson’s life during the first semester. Baker said she was made aware, but that she did not see it as a request for assistance.

Hunzeker shared an exhibit with Baker and asked her to confirm if the IEPs were completed by the due date of Jan. 15. Baker confirmed the information on the exhibit. He then asked Baker whether she had heard any complaints from parents or students regarding the missed deadlines, to which Baker responded she did not.

Perry asked Baker whether she approved an extension of deadlines for IEPs for Watson, noting the law does not grant extensions. Baker said she did not approve any extension.

Next, Clear was sworn in and provided testimony. Clear said he conducted an investigation into the matter and provided the results of the investigation to Superintendent Dr. Troy Unzicker.

Clear said he investigated discrepancies in grades entered into Power School, a student record keeping system used by the district. He said that a grade, which was entered as an A, at 95 percent, appeared in a different location to be calculated at 79 percent. Clear said the classroom teacher is the person who records grades. He said the calculated grade was overridden, and confirmed there was only one override performed. Clear explained that an investigation showed Watson also made grade changes 10 years ago.

Clear said he went to Watson’s classroom with Baker and Digman to investigate the claim about the change in grade. He said Watson was not present in the classroom that day. He explained that he found unsecured documents, such as IEP notices and student assessments. Perry asked Clear to describe the quantity of unsecured documents located on the shelf in the classroom, and Clear noted it was roughly three boxes full of documents. He asked Clear whether Watson came to Clear to ask for assistance. He said she shared with him personal issues and health issues. Clear said Digman offered help in entering grades, but said the offer was never taken up.

Hunzeker asked Clear whether he discussed Watson being behind with grading in the second semester. Clear confirmed that he had. Hunzeker presented the school calendar, noting the last day Watson had entered grades was March 3. He also noted days Watson had taken off for the passing of a family member and bereavement, as well as school break and a snow day on March 15. Hunzeker asked whether Clear, Digman and Baker entered Watson’s classroom on a day she was on leave for bereavement. Clear said it was. Hunzeker asked if it would have been helpful to have Watson present during the investigation in the classroom to explain organization and other documents found. Clear confirmed it would have.

Perry asked whether Clear gave Watson an opportunity on March 23 to explain the documents that were found during the investigation, and another opportunity at a later meeting including Unzicker. Clear said she was given the opportunity, but did not provide a satisfactory answer on either occasion. An evaluation of Watson in 2018 showed that she was written up for failure to comply with special education laws, Perry explained, asking how firm Clear was on his position Watson should be terminated. Clear said his position was “more firm.”

Next, Director of Technology Kurt Zadina testified regarding a grade override in Watson’s basic math class. Zadina said that there was only one override of a grade in that semester. Zadina said an investigation also showed other overrides occurred in the 2011-12 school year.

Perry asked who would be able to make the override, and Zadina said only the classroom teacher. Zadina explained that the only other instance where someone could make an override would be when a new teacher is entered for that class, though he explained that was not the case with Watson.

Hunzeker asked Zadina about other scenarios where someone else could make a grade override. Zadina said the only other instance would be if someone got the teacher’s password.

Following Zadina’s testimony, Digman was called to testify. Perry asked Digman about Watson’s personal issues and vision issues, and whether she offered to help Watson. Digman said she offered to help Watson enter grades in Power School, as well as training on Power Teacher/Power School. Digman said Watson did not attend the training.

Digman also testified that she compared the grades Watson entered into Power School to the paper grades, noting discrepancies. Hunzeker asked Digman whether she was aware of Watson’s grading system, to which Digman said she was not.

Next Ranee Anthony, District Special Education Consultant, was sworn in and provided testimony. Anthony said she had contact with one of Watson’s students due to the student’s behavioral issues. Perry asked Anthony about an incident where Watson screamed at Anthony. Anthony explained she believed the incident happened after a student told Watson they did not want Watson to be their case manager. Anthony said she shut the door in Watson’s face because she was screaming at her.

Anthony said during another incident, she went to Watson’s classroom to look for a book for a new student, which is when she found unsecured IEPs.

Anthony noted that while Watson has been on leave, she has been conducting lesson plans for Watson’s class, and also grades tests. She said that since Watson has been on leave, grades in the class have trended lower while the level of the work remains the same. Hunzeker asked Anthony whether it is possible that the grades are trending lower because the class is missing the teacher they had built a relationship with. Anthony said she told parents that, in response to their concerns.

Unzicker was the next person to testify at the hearing. He described a meeting on April 12 that occurred between him, Clear, Watson and Andrea Longoria, an advocate for Watson. He described the meeting as an opportunity to hear Watson’s side of the story before making a decision.

Unzicker said during the meeting, Watson was unwilling to answer questions. He said he was in a tough position because he had a long history with Watson. He said he had to make the decision based on the information available, which is why he presented her with a letter of cancellation of contract.

Watson took responsibility for the IEPs being late, but not for academic dishonesty, Unzicker explained, describing the meeting on April 12. He noted Watson said she did not know how the grade changed.

When asked how Watson responded to the claim of violating confidentiality, Unzicker explained that Watson said the documents were work she wanted to keep as they were baseline assessments, not grades or tests. Unzicker said he saw assessments that were not baseline assessments. Unzicker said he cannot work with a staff member if they are not truthful. He said he wished Watson would have allowed him to ask questions during the meeting.

Unzicker recommended Watson’s contract be terminated effective immediately.

Hunzeker called Cathe McCaffrey to serve as a character witness for Watson. McCaffrey, who has had 41 years of teaching experience, testified that she worked with Watson and that Watson served as a case manager for one of her students. She testified that Watson is a good teacher, noting she believes she is compassionate. She explained that Watson was her child’s case manager, citing her role in his success and helping him believe in himself.

“She helped him become an advocate for himself,” said McCaffrey. “I’ll never forget that he stood up for himself and said he wanted to be in regular language arts in seventh grade.”

McCaffrey said Watson submitted IEPs for her students on time.

Eric Woods was called as the next character witness to support Watson. Woods explained that he was one of Watson’s students from fifth to seventh grade. He said she was integral to helping him cope with ADHD. He explained that she helped him recognize his self worth and made him believe in himself.

Denise Watson testified after Woods. She explained that she moved to Alliance in 1984 and graduated from Chadron State College, and went on to the University of Nebraska at Kearney for her Masters Degree.

Hunzeker asked Watson about the grades being overridden 10 years ago. She said did not do the actual override, noting that the tech director at the time would have performed the overrides. She said no one from administration complained to her about them at the time.

She said this year she taught four levels of math and a course known as LEAD, to teach students about their disabilities and ways to become their own advocates. She noted this was her first year teaching at Alliance High School, and that it was also the first year for her to teach the course.

Watson explained that she has had some experience grading in the past, though 90 percent of her career as a teacher has been as an interventionist. She said another thing that was new this year for her was Power School. She noted that she had used Power School previously, but that it had changed since her last use.

She explained that this year she had some issues in her personal life this year, including the death of her husband’s father, personal health issues, vision loss in the first semester and the death of her husband’s mother in the second semester. Hunzeker asked Watson whether she takes ownership of the fact she missed the IEP deadlines. She said she takes responsibility. She said she asked for help but did not receive it from administration in the first semester.

When asked about the grading discrepancies, Watson said she had no motivation to raise grades, and did not know how the override happened. When asked about grades being entered late, she explained that it was a hard time period because that is when her mother-in-law passed, and also during that time there were breaks and a snow day. She said she did not have enough time to enter the grades throughout that period.

Hunzeker asked Watson how she keeps student records confidential, noting that she locks her classroom when she is not in it. Watson explained they do not have locked file cabinets in the classrooms. She explained there were some confidential records waiting to be shredded, noting that she had separate teaching and working desks, and that she would monitor people in the classroom. She said no one voiced concerns over keeping documents confidential.

Hunzeker asked Watson whether she had voiced any concerns about administrative activities. Watson replied that she had voiced concerns over recording one of her classes without parental consent, noting that it is a confidential class due to many students having different disabilities. She said she shared those concerns with Baker, Clear and Digman.

Watson said she is committed to the students at Alliance Public Schools and that she would like to continue working with Alliance Public Schools. She noted she has close relationships with her students and their parents, and that she cares deeply about the students.

Hana Vorderstrasse testified as another character witness, noting she traveled from Fairbury specifically for the hearing. Vorderstrasse, one of Watson’s former students, said that Watson’s teaching had a major impact on her.
“She taught me how to love myself, how to be myself,” said Vorderstrasse. “She helped me learn my purpose.”

When asked, Vorderstrasse said that Watson never entered grades late, or filed any paperwork late.

After two more character witnesses were called, the attorneys made their closing statements. School Board Members then went into closed session to deliberate, and came out of closed session at 1:13 a.m. The board decided to terminate Watson’s contract at the end of the 2020-2021 school year based on the evidence presented at the hearing.