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Parents dispute teacher contract termination

by Sally Finneran Bigfork Eagle
| May 6, 2015 8:52 AM

A decision to not renew the contract of a Bigfork kindergarten teacher has sparked concern among some Bigfork parents about how personnel decisions are made in the Bigfork School District.

Over halfway through her second year teaching kindergarten at Bigfork Elementary, Kelli Whalen was told that the administration was not planning to renew her contract.

Under Montana law, school administrations can elect to not renew a non-tenured teacher’s contract at the end of a school year with or without cause. A teacher becomes tenured after their contract has been renewed four times. The Bigfork School board makes decisions on personnel based on input from administrators.

Districts are required to give notice of nonrenewal by June 1. Bigfork however does this much earlier, according to Superintendent Matt Jensen, so they can hire for new positions earlier and secure the best teachers. Whalen said her position has already been filled.

Whalen’s contract was not renewed during the March 18 school board meeting.

Whalen initially learned her contract would not be renewed, during a Feb. 27 meeting with Bigfork Principal Brenda Clarke. 

Whalen disputed those reasons and requested another meeting March 4. At that meeting Whalen said Clarke told her she was not being renewed “without cause.”

Whalen said she was told that the decision was not based on performance or personality. 

Whalen said she thinks if the administration gives reason for nonrenewal they need to give a teacher opportunity to improve. “I was never put on a plan of improvement,” Whalen said. “I was never asked to work on anything.” 

During this process Whalen elected to have her personnel file opened so school board members could review it. Her file contains two performance evaluations. She said those evaluations indicated is “professionally proficient in all areas.” Copies of those evaluations provided to the Bigfork Eagle confirm that statement.

After learning Whalen’s contract was not going to be renewed several teachers and parents wrote letters in support of Whalen. 

“I have never met a teacher who is more empathetic or open to communication,” kindergarten parent LaSaundra Kuechmann said of Whalen. “My five-year-old can read and write and count and do basic math. She loves going to school and I have to believe that has to do with the teacher.”

Whalen and parents addressed the board at the March 18 school board meeting. They said at that meeting, they were given the impression that it was not the time to address the issue, and they would be given the chance later. 

They were surprised when the item was not on the agenda on April 8. Whalen said she learned after that meeting that the decision about her employment had already been made on March 18.

At the board meeting last Wednesday, after Whalen and several parents addressed the board again, superintendent Matt Jensen said that the administration considers several factors when deciding whether to renew a teacher’s contract.

“A recommendation will be based on formal and informal classroom observations, discussions with a teacher, committee work and a teacher’s performance of all assigned duties and responsibilities,” Jensen said. “Should a building principal determine that a nontenured teacher is not meeting the standards expected of a certified teacher in the district, the principal has the professional responsibility to make a decision and recommendation for nonrenewal. By statute a board must pass a motion to nonrenew a contract with a nontenure teacher and the district must provide that teacher with written notice of that decision by June 1.”

Parents and Whalen contend that performance wasn’t properly considered in the decision to terminate Whalen’s contract.

Bigfork school district policy states that non-tenured staff will receive a formal evaluation once per semester. Parent Monica Harris pointed out that this had not happened with Whalen, who received one for each school year. 

Policy states that performance evaluations may be used as the basis for employment recommendations to the board.

Wendy Miller also expressed a feeling that the parents’ voices weren’t being heard.

“I know that I’m far from alone in feeling like our voices don’t matter and it’s really a waste of our breath to even show up and speak because at the end of the day the board and the administration feel their opinion supersedes ours,” Miller said.

She said she felt that parents are the best advocates for the children.

Before moving to Bigfork to teach Whalen spent nine years teaching in Bozeman and two years in Alaska.

“This is so completely opposite from what I’m used to,” she said. “This whole thing has been very emotional, and I absolutely want to teach.”

Whalen and parents plan to address the school board again. 

“I feel like this has happened before,” she said, “and it will happen again and if we don’t stand up and take note of it nothing will change.”

Dave Severson, the regional representative for the teachers’ union, said the Bigfork school board is following its rules.

“If they truly give no reason, there’s not much we can do,” he said.