Full opinion text
JOHN A. WOODCOCK, JR., UNITED STATES DISTRICT JUDGE Finding that a teacher at a school district made out a prima facie case of retaliation against the school district for her advocacy on behalf of disabled students, that the district sustained its burden of production to demonstrate a legitimate, nondiscriminatory reason for its adverse actions, and that the teacher proved that the district's proffered reason was pretextual, the Court rules in favor of the district in this retaliation claim because it concludes that the teacher failed to demonstrate that the true reason for the district's adverse actions was related to her advocacy. I. PROCEDURAL BACKGROUND On May 27, 2016, Charlene Richard, a teacher at Regional School District Unit 57 (RSU 57), filed suit against RSU 57 claiming that RSU 57 retaliated against her in violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101, et seq. , section 504 of the Rehabilitation Act (Rehabilitation Act), 29 U.S.C. § 79, section 4633 of the Maine Human Rights Act (MHRA), 5 M.R.S. § 4633, and that it violated the Maine Whistleblower's Protection Act (MWPA). 26 M.R.S. § 833(1)(A). Compl. (ECF No. 1). RSU 57 answered the Complaint on August 1, 2016, denying its essential allegations and raising nine affirmative defenses. Answer of Def. Regional Sch. Unit 57 (ECF No. 5). The original discovery period ended on December 20, 2016, Scheduling Order (ECF No. 7); it was extended once by agreement of the parties to January 20, 2017. Pl.'s Unopposed Mot. to Extend Disc. Deadline (ECF No. 10); Order (ECF No. 13). The Court held a final pretrial conference on April 10, 2017. Report of Final Pretrial Conf. and Order (ECF No. 26). The Court held a five-day bench trial from May 22, 2017 through May 26, 2017. Min. Entries (ECF No. 33-38). Ms. Richard and RSU 57 filed simultaneous post-trial briefs and proposed findings of fact on June 9, 2017. Pl.'s Post-Tr. Br. (ECF No. 45); Post Tr. Br. of Def. Regional Sch. Unit 57 (ECF No. 43); Def.'s Proposed Findings of Fact and Conclusions of Law (ECF No. 44) (DPFOF). The parties simultaneously filed responsive briefs on June 16, 2017. Pl.'s Post-Tr. Reply Br. (ECF No. 48); Post Tr. Reply Br. of Def. Regional Sch. Unit 57 (ECF No. 47) (RSU 57 Post Tr. Reply ). II. SUMMARY OF LEGAL STANDARDS Ms. Richard has brought claims under four different statutes; however, for each statute, the courts typically employ the same burden-shifting analysis set out by the United States Supreme Court in McDonnell Douglas Corp. v. Green , 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Delgado Echevarria v. AstraZeneca Pharm. LP , 856 F.3d 119, 133-34 (1st Cir. 2017) ; Kelley v. Corr. Med. Servs. , 707 F.3d 108, 115 (1st Cir. 2013) ("A retaliation claim under the ADA is analyzed under the familiar burden-shifting framework drawn from cases arising under Title VII"); Pippin v. Blvd. Motel Corp. , 835 F.3d 180, 183 (1st Cir. 2016) (quoting Walsh v. Town of Millinocket , 2011 ME 99, 28 A.3d 610, 616 ) (MWPA). There is some question as to whether the McDonnell Douglas burden-shifting analysis is applicable at trial as opposed to summary judgment. Palmquist v. Shinseki , 689 F.3d 66, 71 (1st Cir. 2012) (At trial, "the McDonnell Douglas framework, with its intricate web of presumptions and burdens, becomes an anachronism. The jury, unaided by any presumptions, must simply answer the question of whether the employee has carried the ultimate burden of proving retaliation") (internal citations omitted); Brady v. Cumberland Cnty. , 2015 ME 143, 126 A.3d 1145 ("Because this case reaches us on summary judgment, it does not present us with occasion to consider whether the McDonnell Douglas burden-shifting structure should still be treated as a useful analytic device at trial"). Even so, as the case has been tried before the Court and as the parties analyzed the case under the McDonnell Douglas burden-shifting framework, the Court applied that analysis to this case. Under the McDonnell Douglas analysis, Ms. Richard bears the initial burden of establishing a prima facie case of retaliation. To do so, she must prove that "(1) she engaged in protected conduct; (2) she suffered an adverse employment action; and (3) there was a causal connection between the protected conduct and the adverse action." D.B. v. Esposito , 675 F.3d 26, 41 (1st Cir. 2012). If Ms. Richard makes out a prima facie case, the burden shifts to RSU 57 to articulate a legitimate, nondiscriminatory reason for doing what it did. Delgado Echevarria , 856 F.3d at 134. If RSU 57 meets its burden of production, the burden shifts back to Ms. Richard "to show that the [articulated] reason was mere pretext." Id. (quoting Collazo-Rosado v. Univ. of P.R. , 765 F.3d 86, 92 (1st Cir. 2014) (insertion in original)). Ms. Richard bears "the ultimate burden to create a plausible inference that the employer had a retaliatory motive." Id. (quoting Carreras v. Sajo, Garcia & Partners , 596 F.3d 25, 36 (1st Cir. 2010) ). III. THE HEART OF THE CASE: THE DECEMBER 8, 2014 MEETING The heart of this case concerns a December 8, 2014 meeting among Ms. Richard, RSU 57 Superintendent John Davis, Waterboro Elementary School (WES) Principal Christine Bertinet, Assistant Principal Melissa Roberts, and Clinton Nash, the local president of the Maine Educational Association, the teachers' union. During that year, Ms. Richard had been teaching a kindergarten class at WES and on Friday, December 5, 2014, Superintendent Davis called the meeting to discuss "concerns about [Ms. Richard's] classroom and the conduct of the 5 year olds in the room." Trial Ex. 36 at 1. Although there are different perspectives about the meeting, the consensus was that Superintendent Davis became extremely angry with and accusatory of Ms. Richard. In Ms. Richard's words, Superintendent Davis was "serious, scary and angry." Mr. Nash described the meeting as "tense" and "fraught." He said that he became nervous at the meeting, even though he was not the subject of Superintendent Davis' attention. After the meeting, Ms. Richard testified that Principal Bertinet apologized for the way the meeting had gone, saying that she had never seen Superintendent Davis act that way. Ms. Richard said that Vice-Principal Roberts facetiously told Ms. Richard: "I almost peed my pants." Specifically, Ms. Richard recalled that Superintendent Davis called her "pathetic", suggested that she had breached student confidentiality, told her that parents had been complaining about her for years, and that she, not the boys, was the problem. Ms. Richard asked Superintendent Davis to identify the parents who had complained about her, and Superintendent Davis did not respond. Ms. Richard said Superintendent Davis ended the meeting by telling her to "get back to class and teach." The events that led to Ms. Richard's lawsuit flowed directly from the December 8, 2014 meeting. Following Superintendent Davis' berating of Ms. Richard, the RSU 57 administration focused intensely on Ms. Richard's performance as a teacher, ultimately transferring her from teaching kindergarten at WES to teaching first grade at Shapleigh Elementary School (SES) under an extremely constraining and strictly-enforced Corrective Action Plan. Ms. Richard buckled under intense administrative pressure, lost time, required counseling, and filed this lawsuit. The nub of the question before the Court is what made Superintendent Davis so very irate with Ms. Richard at the December 8, 2014 meeting. Ms. Richard claims that it was the fact that she advocated for two students in her classroom, T.K. and L.P., who had suspected disabilities, as well as for other students in her classroom. RSU 57 contends that Superintendent Davis became justifiably irritated with Ms. Richard because she not only failed to appropriately manage her classroom, including these two students, but also attempted to shift the blame for her own teaching inadequacies to the administration for failing to supply adequate personnel for the classroom and that she blamed the boys themselves. In this opinion, the Court sets out in detail its findings of fact that illuminate this critical issue. Following the December 8, 2014 meeting, the Court finds that Ms. Richard was a marked teacher. Taking the strong cue from Superintendent Davis, WES administration, specifically Principal Bertinet and Vice Principal Roberts, began micromanaging Ms. Richard's classroom, criticizing her asserted failures, and building a case for administrative sanction by reprimands. Ms. Richard buckled under the intense pressure from WES administration and by early April, 2014, Ms. Richard lost considerable weight, vomited blood, and was required to take a leave of absence from teaching. The stress from the administration was so severe that in April 2015, Ms. Richard's physician, Dr. Christy Pulsifer, thought Ms. Richard was suffering from severe depression, and Ms. Richard was taken out of work on a medical basis at that time. In Dr. Pulsifer's words, Ms. Richard was "pretty much falling apart." In response to Ms. Richard's difficulties, Superintendent Davis wrote her a letter dated April 15, 2015, informing her that when she returned to work, she would be reassigned to a different school, the Lyman School, and she would be working "in the kindergarten classroom supporting the current teacher." Id. 83. Ms. Richard was devastated by this letter. She thought she was being demoted to an education technician and reassigned as a punishment. In late April, 2015, Dr. Pulsifer diagnosed post-traumatic stress disorder caused by a stressful workplace. Ms. Richard was able to return to work on January 4, 2016, and Ms. Richard agreed to teach first grade at Shapleigh Elementary School. Since her return to work, she has operated under a Personal Improvement Plan (PIP). Id. 112. The PIP is very detailed, running seven pages, and covers all aspects of her classroom performance. Id. Ms. Richard estimated that it takes twenty hours per week just to comply with the directives of the PIP. IV. FINDINGS OF FACT A. Charlene Richard: 2005 through June 2014 From the outset of her career in 2005 through June 2014, Ms. Richard was an exemplary, highly professional kindergarten teacher with uniformly excellent reviews. Ms. Richard holds a bachelor's degree from the University of New Hampshire and received a master's degree in education in 2005 from the University of New England. Ms. Richard was employed at a private kindergarten in 2002-2003, and she student-taught at WES in 2004. In 2005, RSU 57 hired her to teach as a long-term substitute, and in July 2006, as a full-time teacher. During her two-year probationary period, Ms. Richard received excellent performance evaluations. Notably, on December 12, 2007, Richard Knox, the evaluator, praised her handling of an unruly student: When one of the students attempted to stir up others by cutting in line, bossing others, and throwing a carpet square, your measured, but firm response was exactly what the situation called for. Well done. Id. 1 at 9. On April 15, 2008, Mr. Knox wrote that "[c]lassroom management and embedding routines are strengths of Charlene's practice." Id. 2. He concluded: Based on the continued superior classroom practice that Mrs. Richard demonstrates, I strongly recommend that she be placed on continuing contract for MSAD# 57. Id. RSU 57 awarded Ms. Richard a continuing contract beginning in the 2008-09 school year. From 2006, Ms. Richard worked at WES until January 2016 when RSU 57 transferred her to the SES. Except for the year 2010, when she taught third grade, Ms. Richard was a kindergarten teacher throughout her time at WES. At SES, RSU 57 assigned her to teach first grade. Before 2015, Ms. Richard had never been reprimanded by RSU 57 and she never received a complaint from parents, the school, or her colleagues. To the contrary, Ms. Richard received uniformly excellent assessments. Id. 3-12. For example, Christine Bertinet, then assistant principal at WES, issued three reports of her classroom observations of Ms. Richard from December 19, 2013 through June 18, 2014. Id. 1, 9, 10. On December 19, 2013, Ms. Bertinet praised Ms. Richard, stating: It is always a pleasure to spend time in your room. Your classroom is so well organized and arranged in such a way that maximizes both collaborative and independent learning opportunities. Id. 9 at 1. She further wrote: I love the presence of all four lesson components: direct, guided, collaborative, independent. This was an excellent lesson with high levels of engagement. Id. at 2. On February 26, 2014, Ms. Bertinet wrote: Your lesson plans are very thorough, well organized, and interdisciplinary in design. I would like to use this plan as a model with your permission. Id. 12 at 1. On June 18, 2014, Ms. Bertinet stated: The student responses to questions did NOT save and I apologize that you're unable to view their wonderful words. It was a pleasure working with you this year. Id. 3 at 1. Ms. Bertinet's June 18, 2014 evaluation was uniformly positive, including her assessment of Ms. Richard's class control. Id. at 1-10. B. RSU 57 and Special Education: An Overview RSU 57 is a regional school district that serves the towns of Alfred, Limerick, Lyman, Newfield, Shapleigh and Waterboro, Maine. RSU operates five elementary schools, one middle school, and a high school with approximately 3,000 total students. WES is the largest elementary school in RSU 57. RSU 57 has a Behavior Program with a mission to provide special education services to elementary school students with disabilities that manifest through behavior problems. Beginning 2014-15, RSU 57 transferred the Behavior Program to WES and staffed it with a newly hired special education teacher, Nicole Winship, a behavior specialist. Three general categories of students with special education requirements arrive at kindergarten: (1) those students previously identified as qualified for special education, (2) those students who are suspected as qualified for special education through testing, and (3) those students who are neither previously identified nor suspected as qualifying, but who are identified through the year, usually by teacher observation. Some students with special needs start kindergarten already identified as eligible to receive special education. Child Development Services has typically identified these students during preschool and the students start kindergarten with an Individualized Education Program [IEP]. The contents of the IEP define the components of the students' programming as they enter public school. One of the specialized services often given to students with disabilities is an Educational Technician, a paraprofessional certified by the Maine Department of Education to work with students with disabilities. Providing educational technicians to a child with a disability increases RSU 57's cost of educating the child. In addition, the IEP sometimes requires that RSU 57 provide outside services or even out-of-District placement of special needs children, either of which results in additional costs to RSU 57. Thus, students identified with disabilities can become significant expenses. Tr. of Proceedings 5:13-15 (ECF No. 46) (Davis Tr. ) ("Q. And kids who are identified with disabilities can become significant expenses; can't they? A. They can"). If RSU 57 had not allocated enough money for special needs students, RSU 57 would have to reallocate money within its budget and occasionally faced a financial crunch. Id. 6:9-23. A second category of students is those who arrive at kindergarten without an IEP, but are suspected of having a qualifying disability due to "red flags" either through pre-admission testing or teacher observation. Child Protective Services does not identify all special education students before kindergarten and their qualifying disability may become apparent only after they enter school. In June of the year the student is to enter kindergarten, RSU 57 performs a series of tests, called the Developmental Indicators for the Assessment of Learning (DIAL), which evaluates the child in a variety of domains, including fine and gross motor skills, speech-language skills, vision, hearing, and pre-academic skills. The DIAL results could generate "red flags" for the incoming student. In addition, the teacher may observe signs that suggest a particular student might qualify for special education services. Finally, there is a group of students who have not been identified by Child Protective Services and have not been assessed by DIAL, but the teacher, through observations, suggests might qualify for special education services. Id. 2:19-22 ("[T]eachers were instrumental in identifying those [special needs students] during the school year"). RSU 57 Board Policy "seeks to ensure that all children within its jurisdiction are identified, located and evaluated who are school-age 5 through the school year they turn 20 and who are in need of special education and supportive assistance." Trial Ex. 113 at 1. RSU 57 Board Policy further provides that "[i]t shall be the policy of RSU # 57 to refer all school-age students suspected of having a disability that requires special education to the IEP Team for an evaluation in all suspected areas of disability. Referrals of students to the IEP Team may be made at any time by parents, professional school staff, and/or by other persons knowledgeable about the child's educational needs." Id. 115 at 1. Consistent with RSU 57 Board Policy, it is RSU 57's philosophy to refer students for evaluation as soon as that need is identified. In fact, RSU 57 referred more than 120 students for special education services during the 2012-13 school year, over ninety students during 2013-14, and about eighty during 2014-15. During the period from 2011 through 2016, the largest percentage of referrals occurred during the kindergarten year when students are five and six years old. While requiring that students suspected of needing special education services be referred for evaluation, RSU 57 encourages use of the "Response to Intervention" (RTI) process before referral where possible. The RTI process applies a tiered approach to addressing the needs of students who are not meeting grade level academic or behavioral standards by providing targeted support to the student in the least restrictive environment. Id. 20 at 7-8. Tier One Support is delivered and monitored by the classroom teacher and, under RSU 57 policy is supposed to last between four and six weeks; Tier Two Support is delivered by the classroom teacher, support staff, specialists and/or guidance and generally lasts eight to ten weeks; Tier Three Support is delivered by the classroom teacher, specialists, therapists, guidance, social workers, and/or support staff, and generally lasts twelve to sixteen weeks; and Tier Four Support is special education services usually in the form of an IEP. Id. The RTI process seeks to avoid labeling the student as disabled because the label is difficult for parents and sometimes disadvantageous for the student. Therefore, if the interventions at any Tier are successful, the student may be removed from the RTI process. In addition, if a set of interventions at a specific Tier is not successful, the RTI team will try additional and different supports at the same Tier before moving to the next Tier. The time frames for each Tier are not rigid. Although under RSU 57 policy, a student does remain in Tier One longer than four to six weeks, Tiers Two and Three may take somewhat longer than the listed time periods if the student is making progress or if different supports are being implemented. Also, the RTI process may be visualized as a pyramid with Tier One at the broad bottom and Tier Three (before referral to Tier Four) at the narrow top. Id. at 7. As the student proceeds from Tier to Tier, the number of students at each Tier is reduced and the intensity of the intervention is increased. Id. During this time, the RTI process at WES was divided into two parts. Academic issues were addressed by the RTI Team and behavioral issues were addressed by the Student Assessment Team (SAT). The SAT Team at WES consisted of Nicole Winship, the Behavioral Specialist, Vice Principal Roberts, and other WES staff members. Although the RTI process is encouraged as a first step, students may bypass the process and go straight to a special education referral. Under Maine regulations, parents have the legal right to refer their child directly to an IEP Team for immediate eligibility evaluation and determination without using the RTI pre-referral process. 05-071 C.M.R. ch. 101, § IV.2.E(3) ("A parent may refer at any time"); Davis Tr. 3-6. RSU 57 encouraged teachers who thought a student might qualify for special education services to use the RTI process. C. Special Education Services and Charlene Richard Ms. Richard usually had about two special education students in her kindergarten classroom. She and one other teacher were the ones commonly assigned the special education students. Once she was assigned a special education student, Ms. Richard reviewed their IEPs and contacted the student's parents. Usually, special education students required accommodations. For example, instead of being placed at a table of four students, they might be assigned a table of no more than two students. Ms. Richard's duty as a kindergarten teacher was to familiarize herself with the student's IEP and to make certain that the terms of the IEP were complied with. Those kindergarten students not previously identified as special education eligible pose a unique timing issue. Children come to kindergarten at different levels of development and it takes all children time to settle into the routine of a classroom. Also, a kindergarten student may exhibit adverse behaviors that are unrelated to a disability and may be caused by poor role models at home, other environmental struggles, boredom, or attention seeking. Like all kindergarten teachers, Ms. Richard did not want a child mislabeled due to the child's initial adjustment difficulty. In short, simply because a kindergarten student is misbehaving does not mean that he or she is disabled. Therefore, a teacher referral to the RTI process usually does not occur in the first few weeks of school. Typically, a kindergarten teacher would not make a referral until approximately mid-October. Once a RTI referral is made and the child is slotted into Tier One, the classroom teacher is primarily responsible for carrying out this phase. For example, Tier One often involves smaller group instruction. Even though Tier One is supposed to last four to six weeks and the total amount of time for Tiers One through Three is supposed to be about eight months, in practice, kindergarten students rarely go beyond Tier One, and at first grade, they start Tier One over again. D. Charlene Richard, an Autistic Student, and K.M. During the school year 2012-13, RSU 57 assigned a child to Ms. Richard's class. Ms. Richard raised concerns about this student and later the student was diagnosed with autism. The student was then removed from her class and assigned to a special program geared to autistic children. In mid-March, 2014, RSU 57 assigned K.M., a new male student, to Ms. Richard's kindergarten classroom. K.M. transferred from the Reiche School in Portland, Maine. RSU 57 informed Ms. Richard of K.M.'s placement by email, stating "Congratulations, new student!", but it did not forward his file to her. When informed about K.M.'s imminent arrival, Ms. Richard sought to review K.M.'s file and to familiarize herself with his needs; however, RSU 57 had received none of K.M.'s paperwork, making background preparation for his arrival impossible. Ms. Richard attempted to contact K.M.'s parents, but their phone number did not work. Upon arrival, K.M. engaged in troubling behaviors, including making no eye contact, making shooting motions with his fingers at other students, yelling and jumping, pounding on the table, directing comments like "Kill! Kill! Die!" at other students, and drawing pictures of people being decapitated and covered in blood. Ms. Richard took it upon herself to contact his Reiche School teacher, Kevin Brewster. Mr. Brewster told Ms. Richard that when he was a student at the Reiche School, K.M. displayed odd behaviors. There were social concerns, such as obsessions with female peers, yelling outbursts with no apparent trigger, and academic issues. Mr. Brewster told Ms. Richard that K.M. was in RTI Tier Two and was being fast-tracked to Tier Three. Trial Ex. 13 at 1. On March 18, 2014, Ms. Richard emailed school officials about K.M. and what she had discovered by talking with Mr. Brewster. Id. Ms. Richard suggested a meeting to discuss the next steps and "seeing how we can help him." Id. at 1. Ms. Richard repeatedly asked the WES administrators to provide her with guidance and support for dealing with and responding to K.M.'s behaviors. She was not asking to have him removed from her classroom; she was asking that he receive services and accommodations that would allow him to succeed in her classroom. Despite Ms. Richard's requests, WES administration only allowed Ms. Richard to "buzz" the principal's office whenever K.M. became violent. On March 19, 2014, Ms. Bertinet visited Ms. Richard's classroom and compiled a set of observations about K.M. and Ms. Richard. Id. 15 at 1-2. Ms. Bertinet's observations do not contain any criticism of Mr. Richard; to the contrary, she praises Ms. Richard's "use of questioning", the "energy" in the room, which she characterizes as "wonderful," and her use of "proximity" with K.M. Id. Ms. Bertinet describes some of the unusual aspects of K.M.'s responses, including being in "an imaginary place," responding to questions with a "high pitched voice," and being unable to respond to questions. Id. After about three weeks in Ms. Richard's class, RSU 57 transferred K.M. to another classroom. This was not done at Ms. Richard's request. Ms. Bertinet explained that the transfer was done because K.M. was not having a positive experience in Ms. Richard's classroom and it was not the right placement. The new classroom had two educational technicians. After the transfer, K.M. did better, although he continued to engage in some difficult behaviors. Also, K.M. was started in the RTI process. RSU 57 ended up referring K.M. for evaluation and he was identified as a special needs student by the start of the first grade. During Ms. Richard's involvement with K.M., Mr. Peterson, the then WES principal, apprised Superintendent Davis about a challenged child in Ms. Richard's classroom. Davis Tr. 6:24-7:15. Based in part on Ms. Richard's involvement with K.M., Superintendent Davis developed concerns about Ms. Richard in the spring of 2014. In his view, Ms. Richard seemed to be having annual problems with one or more of her students. Superintendent Davis, however, did not have any direct knowledge about Ms. Richard's teaching ability and instead relied upon Mr. Peterson, the WES principal, to advise him. E. Administrative Changes: 2013-14 to 2014-15 During the 2013-14 school year, Mark Peterson was the principal for WES. Upon his retirement at the end of the 2014 school year, RSU 57 named Christine Bertinet as the new principal and Melissa Roberts as the new vice-principal. Ms. Bertinet joined WES as the assistant principal in 2012. Based on her prior experience with them, when RSU 57 named Ms. Bertinet and Ms. Roberts as principal and vice-principal, Ms. Richard was encouraged. F. Events Before and at the Beginning of the 2014-15 School Year When Ms. Richard received her student roster for the fall of 2014, she had been assigned eighteen students. This number was increased in late June, 2014 to twenty-two. Of the twenty-two students, Ms. Richard initially did not know whether any students had an IEP. That summer, she learned that three students had been identified as requiring special education services: K.N., G.T. and L.S. 1. G.T. On August 1, 2014, Ms. Richard wrote to Jamie Paige, a fellow kindergarten teacher who had attended G.T.'s transitional IEP Team meeting, for information concerning G.T. Trial Ex. 107 at 2. Ms. Paige responded the same day. Id. at 1. She told Ms. Richard that G.T. "still can get angry and aggressive." Id. She wrote that he will "destroy the work of others, hit/kick peers, and yell at peers and teachers. He will tell his teachers to shut up." Id. She went on to describe other behavioral and academic issues. Id. She had some suggestions for dealing with G.T. Id. Ms. Paige said, however, that neither she nor G.T.'s preschool teacher thought he needed a special education technician, but "there needs to be a plan in place to help him on the occasions he is aggressive and needs a break." Id. Ms. Richard wrote to Ms. Bertinet on August 6, 2014: I want to be sure that I am ready for this child. He is coming from a small student to teacher ratio. It sounds like, from the notes below and the mom, that he needs a lot of support. He demonstrates aggressive behaviors and verbal outburst. I really am not comfortable with his placement in my class without G.T. receiving in-class support. If I had 5 students it might be different, but I have twenty something. There is a lot of stimuli, and currently meeting all the needs he has in that type of framework, seem [sic] like a constant task for at least his acclimation period. Id. 2. The Missing IEPs RSU 57 failed to provide Ms. Richard with copies of the IEPs for the three special education students at the beginning of the school year, despite Ms. Richard's numerous requests. None of the student's file folders in the WES office contained these critical documents. Ms. Richard made over a dozen requests for assistance in obtaining the missing IEPs. On September 6, 2014, Ms. Richard emailed Ms. Bertinet requesting that she be provided with the IEPs for the three special education students. Id. 16 at 1 ("I still need the IEP's"). Ms. Bertinet responded that she had told all case managers to distribute the IEPs and that she would follow up with "Carolyn." Id. Without the IEPs for the special needs students, Ms. Richard was left "in the dark." Ms. Richard received the first of the three IEPs in early October 2014 and she wrote to Ms. Bertinet: "I find it pitiful that it has taken this long, for me his K teacher, to receive the document. I have been actively pursuing it, since August. I, until today, had no information on his goals or necessary class accommodations." Id. at 1. Ms. Richard did not receive the IEPs for the other two special education students until later in October, 2014. 3. Rutharian Gregoire: Educational Technician II RSU 57 provided Ms. Richard with in-class support in the form of an Educational Technician II named Rutharian Gregoire, who assisted with the three identified special education students. However, Ms. Richard noticed that Ms. Gregoire was being pulled out of her classroom and no one would come in to replace Ms. Gregoire. Ms. Richard received no advance notice of Ms. Gregoire's absence from the classroom and no substitute. Ms. Richard was left to try and find coverage on her own, if she could; otherwise, the students with disabilities were left without the educational technician services their IEPs specified. 4. T.K. and L.P. At some point, Ms. Richard learned that in addition to the three students identified as special education eligible, the class contained two other students who were suspected of needing special education services: T.K. and L.P. At the Open House, T.K.'s mother told Ms. Richard that T.K. would be receiving special education services, that he was daydreaming, and that he had social issues. T.K.'s mother said that she thought he needed both physical and occupational therapy. Ms. Richard noticed that T.K. engaged in disruptive and violent behaviors that hurt classmates and that he showed no remorse. T.K. often engaged in negative behaviors when he thought no one was watching him and he was unable to function successfully in class without an adult sitting right next to him. From the start of the school year, Ms. Richard noticed that L.P.-although not identified with an eligible disability-exhibited odd behavior and mannerisms, engaged only in parallel play, made no eye contact, and at times would be dysregulated and have meltdowns, including swearing and engaging in physical violence. L.P. also made mean comments to his classmates and at one point he threw an iPad at the window. Over time, Ms. Richard suspected that both T.K. and L.P. had underlying disabilities that were contributing to their poor classroom behaviors. In September, 2014, Ms. Richard reported L.P.'s behavior issues and his apparent need for additional support to WES administrators. By early November, 2014, Ms. Richard had done the same for T.K. Ms. Richard did not, however, request that either T.K. or L.P. be removed from her classroom. In response to Ms. Richard's continued requests for support for T.K. and L.P., the administrators sometimes checked in on the classroom, or responded to Ms. Richard's buzzing the principal's office. Ms. Richard sought out and received advice and some modeling from Melissa Roberts, who is a trainer in Responsive Classroom techniques. The WES administrators also asked Ms. Winship, the behavior specialist, to check with Ms. Richard. Ms. Winship is not a Board Certified Behavior Analyst; she is a special education teacher. Ms. Winship had just begun her first public school position after teaching preschool at Waban in Sanford, Maine. Ms. Winship conducted some brief observations in Ms. Richard's classroom, but she did not become directly involved in assessing T.K. or L.P.'s behavioral needs. She created a "behavior plan" for L.P. and told Ms. Richard to keep track of L.P.'s behavior on the behavior chart that Ms. Gregoire originally designed. See id. 41, 47, 124. When Ms. Richard asked for help with T.K., Ms. Winship advised her to use the same behavior plan and charts for T.K. without assessing T.K. Ms. Richard, with the assistance of Ms. Gregoire, completed the behavior charts for both T.K. and L.P. and awarded stickers and positive reinforcements as suggested by the plan. However, the behavior plan was not successful in reducing or eliminating the negative behaviors that both of these boys continued to exhibit. T.K. and L.P. continued to misbehave and hurt some of their peers in Ms. Richard's class. Two students in particular, B.D. and C.S., were frequent targets of T.K. and L.P.'s negative behaviors. G. Ms. Richard's Early Relationship with Principal Bertinet and Vice Principal Roberts Ms. Richard was initially encouraged by RSU 57's appointment of Christine Bertinet and Melissa Roberts as principal and vice-principal of WES. For example, in an email exchange on Saturday, September 20, 2014, Ms. Richard wrote to Ms. Bertinet: I wanted to extend a serious thank you for being a hands on principal! You have been really receptive to staff. This week I felt like I could provide better personalized communication to families, b/c there was a little more time on my plate. I like open relationships with families when it isn't coming out of my own family time. I think you know that I am not an 8:30 to 3:30 type girl, but the additional time during the school day has been most appreciated! ? Id. 22 at 1. Principal Bertinet responded on Sunday, September 21, 2014: I REALLY appreciate this email more than you know. Thank YOU for all you do. Id. During November, 2014, an issue arose about the scheduling of parent-teacher conferences. Not realizing that the scheduling was controlled by the collective bargaining agreement, Ms. Bertinet and Ms. Roberts scheduled the conferences during Thanksgiving week. Ms. Richard knew that this violated the collective bargaining agreement and she informed both Ms. Bertinet and Ms. Roberts. Ms. Richard thought that Ms. Bertinet and Ms. Roberts, being new at their administrative jobs, had simply made a mistake. Id. at 2-3. Both Ms. Bertinent and Ms. Roberts told Ms. Richard that they had no idea of the violation. Ms. Roberts apologized at a staff meeting and on November 5, 2014, both Ms. Bertinet and Ms. Roberts clarified the issue in a joint email to WES staff. Id. at 1. Ms. Bertinet apologized to Ms. Richard in an email also dated November 5, 2014. Id. at 2. In response, Ms. Richard wrote to Ms. Bertinet, saying "You and Melissa rock!" Id. On November 8, 2014, Ms. Bertinet thanked Ms. Richard for being "so open and so positive." Id. at 1. Ms. Richard replied by thanking Ms. Bertinet for being so "caring about your staff." Id. at 1. Ms. Bertinet responded, "Thanks, Charlene. I appreciate your input and support. Yes, we all need to feel like we're working toward common goals and develop a culture of support and openness." Id. In early November, Ms. Richard requested paperwork to refer both T.K. and L.P. to the Student Assistance Team, because she realized that both students required more services than she could provide, given her overall responsibility to a class of over twenty kindergarteners. Even so, as of mid-November, 2014, there was no adversity between the WES administration and Ms. Richard, despite her recommendations concerning T.K. and L.P. As of mid-November, 2014, Ms. Richard described her relationship with Principal Bertinet and Vice Principal Roberts as "excellent." H. The "Break Room" Incident After WES became the host elementary school for RSU 57's "Behavior Program" in 2014-15, it began a new feature, called the "break room" for behavioral students. Located in a converted office along the same hallway as the kindergarten classrooms, the break room was three doors down from Mr. Richard's classroom and two doors down from Jennifer Elsaessor's classroom. Ms. Elsaessor was another kindergarten teacher at WES. The location of the break room meant that both Ms. Richard and Ms. Elsaessor's classes heard screaming and swearing from the break room and occasionally, the teachers had to close or lock the doors to their classes to keep their students from being scared by the noise. Specifically, students in the break room were heard screaming, "Let me out", and using "disgusting language." On three occasions, students who were in Ms. Richard's classroom began crying because of what they were hearing. On November 19, 2014, Ms. Bertinet emailed Ms. Richard to alert her that she had been informed that Ms. Richard had "escorted one of [her] students to the [break room] and secluded him." Id. 30 at 1. Ms. Bertinet wrote that there were "a couple of things I need to address with you." Id. She asked Ms. Richard whether she had written a seclusion report or contacted the student's parents. Id. She went on to write that "Nichole Winship [the behavior specialist] must be involved in all decisions regarding the use of this break space. This is something that has been mentioned previously and needs to be followed." Id. Ms. Richard replied later that day, stating that she had "NEVER brought anyone to the break room." Id. at 2. Ms. Richard denied telling "anyone to take a student there. I have a United States rug, in my room, that is used for any student that feels a break is needed. :)." Id. Ms. Bertinet initially responded by thanking Ms. Richard for clarifying and indicated that this is the way the incident had been reported to her. Id. It turned out that Ms. Gregoire, the Education Technician II, had brought L.P. to the break room at L.P.'s request just to show him the room. Despite the fact that she had not brought L.P. to the break room, Principal Bertinet, Vice Principal Roberts, and Ms. Winship demanded that Ms. Richard complete a seclusion report. On November 20, 2014, Ms. Richard emailed Ms. Bertinet, Ms. Roberts, and Ms. Winship (with a copy to Mr. Nash) asking for clarification about the use of the break room. Id. 31 at 1-2. She requested guidelines for the use of the room, saying that she had never been informed about the parameters for use of the space, and she thought she might have to use it in the future. Id. Ms. Richard reported that she had seen Ms. Winship holding the break room door closed with a student inside the room and she had overheard Ms. Winship asking a janitor to remove the inside handle of the door to the break room. Id. Ms. Richard cited a portion of the Administrative Procedures Manual that prohibited securing the door against the student or holding the door shut while the student was in the room. Id. She reiterated that she had "never requested or directed any of my students be placed in the time-out room." Id. at 2. Ms. Richard raised questions about the incident and wrote that she did not want to make guesses and assumptions on official paperwork; she suggested that it would be better if the parties directly involved in and overseeing the decision filled out the report. Id. Ms. Richard notified Mr. Nash because she worried she was getting in trouble with administration for failing to complete the report. After Ms. Richard sent the November 20, 2014 email, she noticed that Ms. Winship's attitude toward her seemed to change. Previously, Ms. Winship had been friendly, but after the email, Ms. Winship would not look at Ms. Richard. Ms. Bertinet asked Ms. Richard why she had sent a copy of her November 20, 2014 email to Mr. Nash, the union representative. I. The Parent-Teacher Conferences and SAT Referrals The parent-teacher conferences at WES took place just before the Thanksgiving Day recess on November 14, 2014. At other conferences, Ms. Richard learned more from other parents about the scope of T.K. and L.P.'s misbehaviors against other students in her classroom. At least eight families informed her that the behavior of these two boys, whom they knew by name, was harmful and unacceptable. Due to growing issues with T.K.'s behavior, which Ms. Richard had flagged, both WES administrators attended his conference. Even though Ms. Richard could not directly refer either T.K. or L.P. for evaluation by the IEP Team, she referred them to WES's SAT. After school on Tuesday, December 2, 2014, while waiting for an evening PTO meeting, Ms. Richard completed an old version of the WES referral form to the SAT for both T.K. and L.P. and she dated the referral forms the next day. Id. 34, 35. J. T.K.'s Acting Out: C.S. and her Parents' December 2, 2014 Email On December 2, 2014, the parents of C.S., one of Ms. Richard's students, wrote an email to Ms. Richard with a copy to Principal Bertinet, placing them on notice that C.S. complained to her parents that evening that T.K. had tried to pull down her pants and underpants that morning during the morning meeting. Id. at 1. C.S. asked T.K. three times to stop. Id. When asked whether she had experienced previous problems from T.K., C.S. reported that T.K. had tried to push her into a teacher's desk. Id. Also, the parents wrote, on Halloween, C.S. had come from school with her hands red and swollen and when her parents had asked what had happened, C.S. told them that while she was washing her hands, T.K. had turned on the hot water. Id. The parents attached a photograph of C.S.'s hands that they had taken on Halloween. Id. They asked that WES act to protect their daughter from T.K. and asked to know what steps WES had taken regarding T.K. Id. Ms. Bertinent forwarded C.S.'s parents' email to Ms. Richard on December 2, 2014, noticing that it appeared that C.S.'s parents had used an incorrect email for Ms. Richard. Id. Ms. Richard was aware of the incident. As it turned out, Vice Principal Roberts had been in Ms. Richard's classroom when the incident took place. After the session, C.S. approached Ms. Richard and told her about T.K.'s putting his hands down the back of her pants and pulling down her pants and underpants while they sat in a circle. Ms. Richard called Ms. Roberts over and they discussed the incident with C.S. in the hallway. C.S. did not mention anything about T.K. playing with her belt loops; her pants had an elastic waist and no belt loops. Ms. Richard explained the context for the hot water incident. There was a sink in Ms. Richard's classroom and the hot water produced scalding 140 degree water. Ms. Richard had taped down the hot water handle with pink duct tape to prevent students from using it and she made it clear to the students that the hot water tap was off limits. Nevertheless, on October 31, 2014, T.K. turned on the hot water tap and had burned C.S.'s hands. Ms. Richard told Principal Bertinet that T.K. was sneaky and that he had been hurting students in her classroom on a daily basis. K. L.P. and B.D. The morning of Wednesday, December 3, 2014, L.P. walked into the classroom. Ms. Richard said, "Good morning," but L.P. walked by and did not respond. He then threw his glasses on the floor. At that point, L.P. picked up a chair and threw it at a classmate, B.D., striking him on the head. B.D. had been bent down looking into his cubby. B.D. was sent to the school nurse. Ms. Richard spoke to Principal Bertinet about the incident, but L.P. was back in her classroom in ten to fifteen minutes. Ms. Richard told Principal Bertinet that L.P. needed services and Ms. Richard reminded her about the three IEPs and L.P. plus T.K. being in her classroom. Principal Bertinet suggested that Ms. Gregoire might be able to assist, but Ms. Richard reminded Ms. Bertinet that Ms. Gregoire had her hands full with the three IEPs in the Richard classroom. B.D.'s parents complained about B.D.'s safety in Ms. Richard's classroom. Later that day, B.D.'s mother met with Vice Principal Roberts about the situation. Vice Principal Roberts told B.D.'s mother that WES was "collecting data" and was "working on the situation." B.D.'s mother was not satisfied with Vice Principal Roberts' response. L. B.D.'s Mother Complains to Superintendent Davis On December 4, 2014, B.D.'s mother called Superintendent John Davis to complain about the lack of safety in the classroom for her son. B.D.'s mother was herself educated and experienced as a teacher. She held a master's degree in administration and was certified as a teacher in K through Eighth Grades. She had worked at RSU 57, teaching Fourth Grade from 2006 through 2008, and was currently a teacher at the Gray-New Gloucester middle school. B.D.'s mother told Superintendent Davis that B.D. had been subjected to physical abuse while at WES. She told him that he had come home reporting that he had been hit and kicked. She had questioned her son about what he was doing to bring on this abuse. She told Superintendent Davis that her son had been kicked in the private parts, that a chair had been thrown at his head, that he had been punched and stepped on, and that his hand had been held under hot water. She also said that her son was being choked on the playground and could not breathe so he had hit another child. B.D.'s mother reported that she had discussed this matter with Vice Principal Roberts, but that Ms. Roberts had told her that they were "collecting data on the other child so they could figure out a placement." B.D.'s mother told Superintendent Davis that she told Vice Principal Roberts that her child was not "a punching bag." B.D.'s mother spoke in complimentary terms about Ms. Richard. She asked Superintendent Davis what RSU 57 had done to evaluate the boys who had been aggressive with her son, asking if RSU 57 had completed a risk analysis on them. B.D.'s mother thought that Superintendent Davis was rude and disrespectful toward her. B.D.'s mother pressed for a meeting with Superintendent Davis and one was scheduled for the afternoon of Monday, December 8, 2014, to be attended by both of B.D.'s parents. M. The December 8, 2014 Meeting On Friday, December 5, 2014, Superintendent Davis notified Ms. Richard that he was convening a meeting. Id. 36. The notice read: Folks, I have received word from a few parents that they have a concerns [sic] about the classroom and the conduct of the 5 year olds in the room. I will be at WES on Monday to meet with the you [sic] to discuss the issues and what our staff is doing about these concerns. I sent a calendar invite. We will meet at 11:45 in Ms. Bertinet's office. Thank you. Id. 36 at 1. Superintendent Davis sent the notice to Principal Bertinet, Vice Principal Roberts, Ms. Richard, and Clinton Nash, the union representative. Id. Ms. Richard responded on Saturday, December 6, 2014: Thank you for taking the time to discuss what is occurring with my learners. Christine and Melissa have been really supportive. We have even met with the parents of both children, whom were just as frustrated and not sure what step to take next. Normally with a little behavior molding and a structured school day, my class is a wonderful place to learn. I am hoping with your experience, you might have some suggestions also. :) Id. 1. Charlene Richard's Recollection of the Meeting Ms. Richard was both hopeful and scared about the meeting. She was worried about the fact that Superintendent Davis had copied Clinton Nash, the local president of the Maine Education Association. The morning of the scheduled meeting, Ms. Richard went to see Principal Bertinet. Ms. Richard sat down, became emotional, and started to cry, saying that she was concerned about Mr. Nash being there. Principal Bertinet consoled Ms. Richard, rubbing her back. Principal Bertinet replied that she only knew what was in the notice and she reassured Ms. Richard that "it will be fine." Ms. Richard brought along to the meeting the behavior charts for both T.K. and L.P., the behavior plan for L.P., and her SAT referrals for both children. On December 8, 2014, Ms. Richard, accompanied by Clinton Nash, met for about forty-five minutes with Superintendent Davis, Principal Bertinet, and Assistant Principal Roberts. At the meeting, Superintendent Davis' tone was serious, scary and angry. He began the meeting by accusing Ms. Richard of breaching confidentiality with parents. He told Ms. Richard that if she had breached student confidentiality, they would be having a very different conversation. He told Ms. Richard that she was "pathetic" and that RSU 57 had wasted ten years on her. Superintendent Davis declared that if Ms. Richard could not handle twenty or something students, they would find her a job she could handle. He said that parents had been complaining about her "for years." Ms. Richard asked him who had complained about her and Superintendent Davis did not answer her question. Indeed, even though she had brought along the students' charts and the SATs and she tried to discuss the students, Superintendent Davis did not allow Ms. Richard to speak in her own defense. Superintendent Davis announced that Principal Bertinet and Vice Principal Roberts both thought that Ms. Richard was targeting T.K. and L.P. He stated that C.S. had never had her hands burned by T.K. and that instead C.S. had eczema, which explained her hand redness. He also asserted that T.K. had never put his hands down C.S.'s pants, that it "never happened." Superintendent Davis told Ms. Richard that "you are the problem, not the boys." He told her that he was sending her a memorandum, which would set forth the administration's expectations going forward. He informed her that Stacy Jette, an educational technician, would be the "eyes and ears" of the administration, and that they would be watching her to see if she was targeting these boys. He ended the meeting by telling Ms. Richard, "Now get back to class and teach." 2. Clinton Nash's Recollection of the Meeting Clinton Nash recalled the meeting as "tense and fraught." He said that he became nervous even though he was not the object of Superintendent Davis' anger. He remembered that Superintendent Davis started off the meeting by accusing Ms. Richard of giving confidential information about one student to the parents of another student. He said that Superintendent Davis questioned Ms. Richard's ability to teach non-cookie cutter kids. Mr. Nash said that neither Principal Bertinet nor Vice Principal Roberts contradicted Superintendent Davis' accusations and neither spoke on behalf of Ms. Richard. Mr. Nash recalled that Ms. Richard tried to present some of the documents she had brought along and Superintendent Davis said that this was not the time for documents. 3. Melissa Robert's Recollection of the Meeting Vice Principal Roberts acknowledged that she was nervous before the December 8, 2014 meeting with Superintendent Davis because this was the first time she had been called to a meeting with the Superintendent over a parental complaint. At the meeting itself, she also admitted that she became nervous. She said that Principal Bertinet started the meeting by describing the background, but that Superintendent Davis interrupted Principal Bertinet. Vice Principal Roberts described Superintendent Davis as "clear, direct and stern." She did not recall Superintendent Davis calling Ms. Richard pathetic or telling her that RSU 57 had wasted ten years on her. She agreed that Superintendent Davis did not criticize either Principal Bertinet or herself during the meeting. 4. John Davis' Recollection of the Meeting Superintendent Davis recalled that he had concerns about Ms. Richard's ability to manage her classroom that went back at least to her experience with K.M. upon his transfer from the Reiche School. He remembered that Mr. Peterson, the then WES Principal, had informed him that they had moved K.M. out of Ms. Richard's classroom. By the time of the December 8, 2014 meeting, Superintendent Davis was "beginning to wonder" whether K.M.'s transfer to another classroom had been Ms. Richard's fault. Superintendent Davis agreed that his conversation with B.D.'s parents had precipitated the December 8, 2014 meeting. He said that he first spoke to B.D.'s parents on the telephone and later met with them. He said that he became concerned that B.D.'s parents knew the names of the other students and other intimate details about the other students. He thought Ms. Richard had been feeding information about the other students to B.D.'s parents. He remembered that Ms. Richard denied breaching confidentiality. Davis Tr. 18:23-19:6. But, he agreed that he did not accept her denial and told her that if she had done so, he would open an investigation. Id. 19:7-10. Superintendent Davis explained that he copied Mr. Nash about the meeting because Mr. Nash complained to him earlier about there being too many meetings between administration and individual teachers without union representation. Superintendent Davis recalled that Principal Bertinet began the meeting and that he interrupted her early on. Superintendent Davis acknowledged that he began the meeting by accusing Ms. Richard of breaching student confidentiality and that he warned her that if he found out that she had done so, he would initiate an investigation. Superintendent Davis agreed that he had been "sharp in tone." Id. 18:11-13. Superintendent Davis admitted that B.D.'s parents had not complained about Ms. Richard and in fact were positive about her. He did not recall whether he told Ms. Richard that parents had been complaining about her for years, but he acknowledged that he may have done so. He could recall no parental complaints about Ms. Richard and could not remember any parent ever complaining that Ms. Richard had not taught their children well. Superintendent Davis admitted that he was frustrated because he thought the students were being asked to bear the brunt of responsibility for problems in the classroom. He stated that he thought they were blaming the children for what was an adult responsibility and they were victim blaming. He emphasized that no one was taking responsibility. He agreed that he was frustrated and angry, but he asserted that he was frustrated and angry at everyone, including himself. Superintendent Davis agreed that Ms. Richard attempted to present documents at the December 8, 2014 meeting, but he had told her the meeting was not the appropriate place to review the data. He explained that this was not "the purpose of the meeting." Id. 23:21-23. He denied telling Ms. Richard that RSU 57 had wasted ten years on her, but he acknowledged that he questioned Ms. Richard's classroom management. 5. Christine Bertinet's Recollection of the Meeting Christine Bertinet was caught off guard that B.D.'s parents had gone directly to Superintendent Davis. She thought that Superintendent Davis scheduled the December 8, 2014 meeting to explain what support RSU 57 was going to extend to Ms. Richard. Ms. Bertinet remembered reassuring Ms. Richard on December 5, 2014 that Superintendent Davis bore her no ill will. Ms. Bertinet began the meeting by letting the Superintendent know that they had a plan. Ms. Bertinet recalled Superintendent Davis emphasizing the importance of student confidentiality, but she did not remember that Superintendent Davis accused Ms. Richard of breaching confidentiality. Ms. Bertinet remembered Superintendent Davis insinuating that a veteran educator should have been able to handle the classroom more effectively than Ms. Richard had been able to do. In light of Superintendent Davis' tone, Ms. Bertinet realized that she had work to do in order to convince Superintendent Davis that they were responding appropriately. Ms. Bertinet remembered that Superintendent Davis mentioned the investment RSU 57 had made in her. Ms. Bertinet conceded that at the meetings, she stated that she had concerns about Ms. Richard's classroom performance. She also agreed that the December 8, 2014 meeting was not collaborative. Ms. Bertinet agreed that Superintendent Davis did not criticize either Vice Principal Roberts or herself during the December 8, 2014 meeting and did not request that any memoranda be placed in their personnel files. At the end of the meeting, Superintendent Davis directed Ms. Bertinet to follow up in writing so there would be no ambiguity. N. The December 8, 2014 Bertinet Memorandum and Charlene Richard's Response After the December 8, 2014 meeting, Ms. Bertinet gave Ms. Richard a folded envelope and followed it up with an email. Trial Ex. 40. The contents of the folder and the email were the same and stated in plain and bold print: Recently, concerns have been brought to my attention around classroom management and how it is impacting student safety; these concerns stem in part from an inconsistent follow-through on implementing the behavior plan that was developed by the Behavior Coach, as well as strategies presented to you by Assistant Principal. As the superintendent mentioned in our meeting this morning, he, too, is becoming increasingly concerned about your behavior management strategies. In order to address these concerns, I am going to expect that you follow the expectations outlined below: 1. Behavior Plan Implementation : Adhere to the current behavior plan being monitored by the Behavior Coach. Should you have any questions, please consult with Mrs. Roberts or me. 2. Behavior Management Techniques Implementation : Mrs. Roberts and the Behavior Coach will continue to model and coach behavior management strategies, such as 1. student travel strategies; 2. provide students with modeling and reinforcing of expected behaviors; 3. reassure students of time frame check-ins; 4. prompt students to access their independent and/or differentiated work binders as needed; 5. other strategies discussed during in-class coaching. 3. Parent Communication : Keep me abreast of all parent communications from now on, including email, phone, and parent conferences/meetings. I realize that adjusting your current practices will require attention to details you may or may not be familiar with,