Ontario School Board dismisses teacher

By JESSICA KELLER - ARGUS OBSERVER
Tuesday, August 21, 2007 11:47 AM PDT

ONTARIO - The Ontario School Board fired Alameda Elementary School teacher Lyssa Jessel Wednesday at the recommendation of school district administrators during a special session.

Jessel, a third-grade teacher at Alameda Elementary School, and her attorney, Ralph Wiser, testified in the meeting prior to the School Board’s decision.

In termination cases, the board must hold a special “limited due process hearing,” in an effort to provide the teacher in question with an informal opportunity to present a rebuttal to the school district’s testimony for the termination, Ontario School District Attorney Bruce Zagar said.

In his presentation, Wiser told the board, he was “very aware of the limited nature” board members had to respond to such matters, especially after receiving a recommendation from school district administrators.

He asked board members to consider the testimony presented to them very carefully before making their decision.

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In his presentation, Wiser gave some background on the issue. Jessel was made a permanent teacher by the School Board in June of 2006. At the beginning of the 2006 to 2007 school year, Jessel was hospitalized because of unspecified medical problems, which caused her to miss the first week of school.

When she was released, Wiser said, her doctor issued a note to district officials informing them of the nature of Jessel’s condition. District officials then had Jessel evaluated by local psychologist Dwight Mowry, who advised the district Jessel was fit to perform her teaching duties and return to the classroom, Wiser said.

After returning to school, however, Wiser asserted Jessel was intensively evaluated often by “a male and female administrator” from the school.

Wiser said the male administrator gave negative feedback and did not appear willing to clarify what he wanted from Jessel, while the female administrator provided more helpful feedback.

Wiser said in February of 2007, Jessel was more extensively evaluated. In early April Jessel was placed on an improvement assistance program, which she completed in mid-May. He said, because of the short time remaining in the school year, it was assumed if Jessel didn’t meet all the expectations set by the end of the school year, the assistance program would be continued into the fall.

“It’s just a shockingly short plan of assistance for the school district,” Wiser said.

Wiser also disputed statements given by administrators in Jessel’s plan of assistance evaluation about the condition of her classroom and her teaching performance. He also disputed the reasons for termination given by Ontario School District Superintendent Dennis Carter: that Jessel inefficiently and inadequately performed her duties; she couldn’t manage her classroom properly; and the children didn’t make significant advancement.

Wiser urged the School Board not to fire Jessel. Instead, he suggested the board reinstate Jessel and direct school personnel to continue Jessel’s plan of assistance to gather a “true, objective and accurate assessment” of Jessel and to reassess her progress in the winter and then make a decision.

“It seems to me that’s a fair, reasonable, enlightened, objective way to proceed in this situation,” Wiser said.

Jessel also spoke in her own defense. She told the school board, of all her evaluations in the three years she taught in the school district prior to the 2006 school year, she only received one evaluation that didn’t “go that great,” but afterward the district chose to offer her a contract anyway.

She said, during the school year, she was told by various people she was “weak” and “fragile,” which she disagreed with. Jessel also said it was suggested during the school year she go on medical leave, which she refused to do. Jessel said she also refused to resign and work at a different school district, and even after she was warned by other people a plan of assistance was mostly called a “plan of exit,” she refused to quit and agreed to do whatever the school district wanted because she desired to work in Ontario.

Jessel said she was given mixed messages by administrators on how to improve, and until she had her final evaluation, she did not know she wasn’t meeting expectations.

The School Board met in executive session following Jessel’s presentation, and afterward approved her termination.

Wiser said after the meeting, he was disappointed with the decision, if not surprise.

“I think it was a mistake,” he said. “I think the district lost a valuable teacher.”

Wiser said they will appeal the School Board’s decision.

While he would not comment on what was discussed in the executive session, Ontario School Board member John Phillips said, in deciding to terminate, board members had to rely on the evaluations that were made by people they trusted to do their jobs and make recommendations. After the meeting, Sandra Dvergsdal, Jessel’s union representative, said Jessel had met 15 of 17 expectations set for her in her plan of assistance. She also disputed that all the information in Jessel’s evaluations was correct and said some of the positive comments made about Jessel’s performance were left out.

Should Jessel appeal, Carter said Friday, she can either appeal to the state Fair Dismissals Board or follow the school district’s grievance procedure, which could end up in arbitration.

He said in an arbitration setting, both sides would be examined more in depth. Depending on which process Jessel and her attorney decide to follow, he said, the appeal could be decided in six months to a year. Questions remain, however, regarding what Jessel’s medical condition was, and how it applied to her dismissal. Carter said he could not disclose Jessel’s medical condition.

He said, however, once the appeal process is over, Jessel could likely continue teaching, even if it’s not for Ontario.

“She hasn’t done anything at this point that would cause the state to take away her teaching license,” he said.