Langley v. Bd. of Educ.

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LISA LANGLEY APPELLANT v. MISSISSIPPI STATE BOARD OF EDUCATION APPELLEE

No. 2022-SA-01024-COA

Court of Appeals of Mississippi

August 1, 2023

DATE OF JUDGMENT: 09/21/2022

HINDS COUNTY CHANCERY COURT, FIRST JUDICIAL DISTRICT TRIAL JUDGE HON. TIFFANY PIAZZA GROVE

ATTORNEY FOR APPELLANT: LISA LANGLEY (PRO SE)

ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY KIMBERLY PINE TURNER DAVID CHRISTOPHER MINTON

BEFORE CARLTON, P.J., LAWRENCE AND SMITH, JJ.

CARLTON, P.J.

¶1. In the spring of 2021, Lisa Langley was terminated from her position as a special education teacher for the Hinds County School District (HCSD) based on violations of certain standards of conduct adopted by the Mississippi State Board of Education (Board). Her termination as a teacher, based upon these violations, constituted grounds for the suspension or revocation of her teaching license pursuant to Mississippi Code Annotated section 37-3-2(13)(a) (Supp. 2020). Following a hearing before a subcommittee of the Commission on Teacher and Administrator Education, Certification and Licensure and Development (Commission), the Commission suspended Langley's educator license for five years and imposed other conditions that Langley was required to meet prior to reinstatement of her license.

¶2. Langley appealed the Commission's decision to the Board. The Board upheld the Commission's decision. Langley appealed the Board's order to the Hinds County Chancery Court. The chancery court affirmed the Board's order upholding the Commission's decision.

¶3. Langley appeals, asserting that (1) the Commission's findings that she violated the confidentiality standard of conduct (Standard 9) and that she took HCSD property were not supported by substantial evidence; (2) her termination by HCSD was improper because she was not placed on a teacher improvement plan; and (3) her constitutional rights were violated because she did not receive an unbiased, fair hearing. We disagree. For the reasons discussed below, we affirm the chancery court's final judgment affirming the Commission's decision, as upheld by the Board.

PROCEDURAL HISTORY AND STATEMENT OF FACTS

¶4. Langley is a Mississippi licensed teacher with approximately fifteen years of experience in public school education. She was employed by HCSD as a special education (SPED) teacher in both the 2019-2020 and 2020-2021 school years. While she was working for HCSD, Langley was the subject of a number of HCSD inquiries and was required to meet numerous times with school administrators regarding her interactions with colleagues her willingness or ability to follow HCSD policies, her relationship with students and parents, her maintenance of student records, and her overall job performance.

¶5. In a letter dated March 30, 2021, HCSD notified Langley that her 2020-2021 contract was terminated due to alleged violations of the Mississippi Educator Code of Ethics, Standards of Conduct (Standards), namely Standards 1 (Professional Conduct),^[1] 2 (Trustworthiness),^[2] 3 (Unlawful Acts), 4 (Educator/Student Relationships),^[3] 8 (Remunerative Conduct),^[4] and 9 (Maintenance of Confidentiality).^[5] The letter specified each Standard that was violated and set forth in detail the particular violations with respect to these Standards and the steps taken by HCSD to discuss these issues with Langley. The letter also informed Langley that she was entitled to a hearing and provided the steps she was required to take to secure that hearing.^[6] Langley requested a hearing on her termination and was notified, in writing, of the date, time, and place of her termination hearing, which was scheduled for April 26-27, 2021.

¶6. Following a hearing before a hearing officer, the Hinds County School Board adopted the findings of the hearing officer affirming Langley's dismissal. Mississippi Code Annotated section 37-9-59 (Rev. 2019) provides that following such decision, any licensed educator "shall be allowed an appeal to the chancery court," but Langley did not seek judicial review of the Hinds County School Board's final decision. Langley subsequently was employed by a different Mississippi school outside of HCSD.

¶7. Pursuant to Mississippi Code Annotated section 37-3-2, HCSD reported to the Mississippi Department of Education's Office of Educator Misconduct (OEM) that Langley had been terminated for violating Standards 1, 2, 3, 4, 8, and 9 and provided supporting documentation.

¶8. Following a review of HCSB's report, the OEM filed a sworn complaint about Langley with the Commission. The complaint alleged that Langley's termination based on violations of Standards 1, 2, 8, and 9 constituted grounds for suspension or revocation of her educator license.^[7] Langley received a copy of the sworn complaint and a copy of the Rules for Procedure for Disciplinary Hearings by the Commission, 7 Miss. Admin. Code Pt. 3, R. 14.6.3 (adopted Feb. 22, 2021) (Commission Procedural Rules). Langley also received notice of the date, time, and location for a hearing scheduled for October 14, 2021, all in accordance with Commission Procedural Rule 14.6.3. Langley requested a continuance that was granted, and the hearing before the Commission was then scheduled for October 28. The OEM furnished Langley with a witness list and a copy of the exhibits that it intended to produce at the hearing on its behalf.

¶9. On October 28, 2021, the Commission held a hearing on the complaint against Langley.^[8] The OEM presented the testimony of three witnesses and offered twenty-nine exhibits that were entered into evidence, consisting of over 300 pages of emails, correspondence, reports, plans, and attendance logs concerning the grounds for Langley's termination. Langley represented herself at the hearing. She cross-examined the OEM's witnesses, voiced objections, and testified on her own behalf. She presented no other witnesses.

¶10. Dr. Delesicia Martin, superintendent for HCSD, testified before the Commission. As superintendent, she is responsible for the day-to-day operations of the district and supervision of all directors, assistant superintendents, and principals. She is also responsible for reporting violations of the Standards to the OEM. With respect to Langley, Dr. Martin testified that HCSD hired her in the fall of 2019. HCSD contracted with Langley to teach for the 2019-2020 and the 2020-2021school years. HCSD did not renew her contract for the 2021-2022 school year, and HCSD ultimately terminated Langley's contract on March 30, 2021. Dr. Martin testified that HCSD had issues with Langley from her hire date through her termination from the district. HCSD began documenting the issues beginning in late spring of 2020 while all students and teachers were in virtual classrooms due to COVID-19, as reflected in exhibit OEM-4.

¶11. HCSD contacted Langley at the end of the 2019-2020 school year and requested she complete all outstanding tasks relating to the school year, specifically outstanding Individualized Education Programs (IEPs) for her students. IEPs show the strengths and deficits of a student, delineate a teaching plan, and also disclose any health or behavioral issues. As Dr. Martin testified and as reflected in exhibit OEM-4, HCSD requested Langley to come into the central office to receive assistance in completing the outstanding tasks, but Langley failed to report as directed. HCSD placed Langley on a professional enrichment performance plan (documented as exhibit OEM-6 as a "professional improvement plan") on September 14, 2020, after having met with Langley on August 31, 2020. At the meeting, and then in the plan, HCSD detailed the work expected from Langley. As reflected in several OEM exhibits, HCSD issued an official write-up on February 5, 2021, and Carver Middle School (where Langley worked) issued a formal reprimand on February 8, 2021.

¶12. Dr. Martin also testified that a parent claimed Langley created an email address for her (the parent), and, according to the parent, Langley did so "in order to help the parent get their child into the Mississippi School for the Deaf." Several emails were sent from that address, but the parent said she was not sending the emails. Although Dr. Martin was told by the SPED director that the parent had produced the emails, Dr. Martin had not seen them. Dr. Martin and other administrators met with Langley about this matter, and Dr. Martin testified that at that meeting, she requested Langley to turn over her computer "because [Dr. Martin] wanted to investigate, along with our technology director, the actual computer to determine if the email address had been used." Langley was placed on administrative leave with pay pending an investigation.^[9]

¶13. Dr. Martin testified that HCSD was unable to investigate this allegation because Langley refused to return her HCSD-issued laptop computer. In particular, after meeting with Langley about the purported email account and "phantom" emails issue, Dr. Martin asked Langley to leave her HCSD-issued MacBook computer and keys with the assistant principal at Carver Middle School. Langley did not do so. Instead, Langley left the school campus with both the keys and the MacBook computer. Dr. Martin testified that campus video footage showed Langley "running to her car" with the MacBook after being requested to turn it over at the school. Langley did not deny that these actions were reflected in that video. Dr. Martin terminated the contract between HCSD and Langley on March 30, 2021, based on violations of Standards, 1, 2, 3, 4, 8, and 9.

¶14. Dr. Martin also testified about other emails and communications among the school principal and other teachers concerning interactions between Langley and coworkers. These communications were entered into evidence as...