Legal Question in Civil Rights Law in Iowa

I have worked as a Para-educator for the past 5 years. The first 4 years were at our local Catholic school and I LOVED this job but they eliminated my position which I feel was because they had to pay insurance and only me and 1 other employee were full-time with benefits. Then after 1 year the position opens up again - errrrr! BUT this is not my complaint!

Last school year I was hired at our local public school as the ELL (English Language Learner) teacher associate. I speak basic Spanish and I have my Para-educator certification. They had me start at the Middle School teaching 5 Spanish speaking students English. I had my own small classroom where I could help the students with their school work and teach them English too. I worked afternoons at this school. Then they hired me full-time and I worked at the Elementary school too, pulling Kindergarten and 1st grade students to work with one on one. By the end of the school year I was at all 3 schools working with students Kdg. - 8th grade. I had to travel between all 3 schools and the teachers were very happy with my work as their students started to grow in the English language.

They had one person who worked part-time as the ELL coordinator for the school district and she was excited to help me in any way she possible but she never had the time. Everything I did and learned I did so by my own research. Not once was I evaluated or observed by the schools principals or anyone for that matter. I took it on my own to record daily what I worked on with the students. I also emailed this information to the MS principal weekly, which he said he appreciated. The problem was that I felt I was left on my own and that the higher-ups didn't care what I did as long as they could say that "someone" was there do the required job. It is against the law NOT to service ELL students and a program needs to be in place.

Well, I had some problems with the MS principal. Anytime I tried to go to speak with him for a concern I was shot down. I was never able to voice my concerns or opinions or get a word out. I'd bring folders of work and concerns to him and he would NEVER even let me hand them over. He never looked at them. He did all the talking. He and I had problems when my daughter went to school there. She was harassed at school because of her nationality and he just blew it off as "boys are boys". I also had a problem with one of his teachers at the time and his actions in the classroom and when I complained he again blew it off and when I requested a meeting with him he had my daughter in his office crying, yet she did nothing wrong. I sent her off to class and tried to have a conversation and he blew up on me. As a parent, I got defensive and yelled right back. Anyways, I was shocked when I got the call to fill the ELL position in the first place after all this. But I took the job and everything was fine for a time. Besides, this was to be his last year as he was retiring.

Then we had students that came to me with their problems, which is understandable since I am their "teacher" and I speak their language. The principal thought I was too involved with my students. As an educator I don't understand how you can be too involved. It's not like I went to their house for dinner or hung out with them outside the classroom! I did what I could to help the school and the students. I even went to one of the student's home for conferences since they couldn't make it to school. I've had to personally go with 2 students and their father to the hospital for their shots as I had to translate otherwise they couldn't go to school.

Anyways, the last month and a half of school we had to give the ELDA tests to the Spanish students and this is where most of the problems arose. The MS principal told me I couldn't administer the test but the ELL coordinator told me I had to as she couldn't/wouldn't. Secondly the MS principal expected me to read the entire test and translate it for the students so they could score better. It's states that translation can NOT be given as it is against the law. But he yelled at me and said you will listen to me I am your boss. OK... I did as I was told. And low and behold they scored well for not even being able to speak English - crazy huh. The teachers were impressed until I told them why they scored so well. *sigh*

The MS principal had contacts with the elementary school family coordinator who helped me with the ELDA testing information. He didn't like her. He felt she was stepping on his toes and that I wasn't to listen to her. She had told him that there were students at her school that the ELL needs weren't being met so he finally got fed up and ordered me to go to their school too at the end of the school day. He felt I only needed an hours time with the MS students now. This was NOT true. These kids at the MS don't speak English and they are the ones who need the most services. I had no problem with going to the Elementary to help BUT it shouldn't be taking away time from the MS students. I tried to voice this but he wouldn't hear it. He ordered me the next day to report to the other school and not to come back to his school at the end of the day. Well, the other school was not prepared for me, nor were the teachers and students. So I really had nothing to do. I emailed the MS principal the next day and told him such. I explained that I would report to the Elementary and return for the last 1/2 hour of the day for the ELL students as this is the time I was previously given to go over their homework with them. He was furious. He called me into his office the next day and wanted to fire me on the spot. He told me so. He yelled and yelled and I couldn't say anything. He subsequently wrote me up. The rest of the school year was a lot of running back and forth and really a waste of time as I couldn't teach the elementary students much during the last 3 weeks of school anyways. And this took away precious time for the MS students. I played out the rest of the year with out incident. Then on the last day of school when I went to check out the MS principal gives me my evaluation (which in my opinion sucked) and he told me that they were not renewing my contract for the next school year as they were looking for someone with a degree in ELL that could as speak spanish. He said, "it sucks for you right now, but there is a possibility you could be called back in the Fall." I didn't get to say good-bye to my students and they had no idea I wouldn't be there next year nor did any of the teachers and staff as I was only informed of this the last hour of the last day. I immediately went home and filed for unemployment.

Anyway, now that the new school year has started they are looking for an ELL Coordinator AND an ELL Associate - my exact job! I contacted the superintendent of the school and principals. They said I was being considered as were the other candidates for associate positions. Then I see it advertised on their website that they are looking for a MS ELL Associate still! So I contact the new MS principal by email and she never gets back to me. The next day the job is taken down from the website. Then yesterday was the first day of school and I get a text from the girl MS student asking me why I wasn't at school to teach her today. I also ran into other associates that same evening and they asked me if I found another job as my job was NOT filled and is now posted "in-house". I was not happy.

Finally, do I have any legal action here? Why wouldn't they hire me back?! I did a great job as the teachers and associates can attest too. I already have a good rapport with the students and I have the abilities and knowledge needed for the job. I do not have a college degree in ELL but I am a certified Para-educator which is what the job description is!

Any help you can give would be most appreciated!

Thank you.

-Angela

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