Snake River teacher who fought to keep her position appears to have lost it anyway
MORELAND — A popular Snake River High School science teacher may have successfully fought to keep her job next school year, but she appears to have lost her position anyway.
Although Elaine Asmus was offered a contract, she didn’t sign it due to concerns about the terms of her probation, which her attorney, Paul Stark, general counsel for the Idaho Education Association, said contained “vindictive and punitive language.” Asmus filed a grievance with the school board to resolve her concerns and asked for time to work things out, but district officials have since told her that her position was deemed vacant because she failed to sign the contract in time and her concerns appear to be moot at this point.
“(It’s not that she was) unwilling to sign a contract, there were important things that needed to be talked about and the school district didn’t give her the time of day,” Stark said, adding that teachers can lose their certificate if they fail to meet the terms of their contract, so the terms are important.
School officials either declined to comment or were unavailable for comment when contacted by the Idaho State Journal on Tuesday, but they have released the names of the high school science teachers who’ve contracted to work with the district next year: Cass Baldwin, who was hired in 2013, and Jessica Croxford and Mimi Argyle, who were both hired this year. Asmus, who has been with the district for 28 years, was not on the list.
Asmus asked for a due process hearing earlier this year after her contract wasn’t renewed following a harassment complaint — that was filed by Superintendent Mark Gabrylczyk’s wife, Laura, a science teacher at the junior high, who said Asmus started yelling at her over the use of some equipment — and other alleged violations of board policy.
Following the public due process hearing and related meetings that cost the district more than $61,000 in legal fees, the school board determined that Asmus didn’t violate district policies regarding harassment and bullying; however, they felt her actions did go against other board policies and the Idaho Code of Professional Ethics for Professional Educators. They said she could keep her job, but would be placed on probation.
Stark said Asmus didn’t have a chance to comment on the probation terms before the board approved them, and she was concerned about some of the conditions. For instance, the probation period was for a year rather than the eight weeks typically required.
“That’s outside of the realm of normal,” Stark said.
In addition, the probation terms would require her to write weekly reports detailing her interactions with others, which Stark said would leave her little time to do her job.
When Asmus took her concerns to the principal, Ed Jackson, he told her she had to talk to the school board, Stark said. Asmus did that, but it took three weeks for her to be able to meet with the board and she was then told she had to file a grievance.
She did that, too, but was then told her grievance wasn’t filed within the five-day period required, didn’t follow the proper processes and didn’t meet the necessary requirements for filing a grievance. And since she never signed her contract, they said the probation plan was no longer necessary.
“The concerns you express regarding the Probation Plan appear to be moot, by virtue of your failure to execute a teacher’s contract for the 2014/2015 school year. Inasmuch as your position is now automatically deemed vacant as provided by Board resolution adopted on June 23, 2014, you will not be employed for such school year,” according to the school board’s response.
Stark said they’re considering several options right now, but haven’t made any decisions about how to proceed. Still, he believes Asmus’ efforts were hindered by school officials, and she deserves better after nearly three decades on the job.
“(There is a) pattern of unwillingness to sit down and work together on finding a solution,” he said, adding that that is all Asmus wants to do.
“All we want is a fair chance. (Asmus) is beyond dispute one of Idaho’s best teachers and she deserves better than the bureaucratic runaround,” he saidSnake River teacher who fought to keep her position appears to have lost it anyway - Snake River teacher who fought to keep her position appears to have lost it anyway: Members:
