Content area
Full Text
IN EARLY 1999, Nampa Charter School obtained approval under Idaho's Public Charter School Act of 1998 to open its doors for enrollment. On 1 August 1999, Nampa hired Ersilia DeLaPaz to be the school's receptionist and bookkeeper. Several months later, DeLaPaz enrolled her child, who has Down's syndrome, in Nampa's special education program.
A few months thereafter, the school's principal, Rebecca Stallcop, notified DeLaPaz that her performance was unsatisfactory and needed improvement. In response, DeLaPaz allegedly attempted to discredit Stallcop and the special education program.1 More specifically, she told a parent that she had information that would "take the charter down." She also made false statements concerning the principal's integrity and competence, implying that Stallcop had engaged in illegal behavior and claiming that she had accused several teachers of being "mean to students." She spread word that Stallcop intended to leave Nampa and to take four teachers with her to a new charter school. Finally, in April 2001, DeLaPaz told one of the teachers that Stallcop had misused grant money.
On 30 April 2001, Nampa terminated DeLaPaz for refusing to follow directions and for demonstrating that she was not willing or competent to perform her bookkeeping duties.
Shortly thereafter, DeLaPaz filed a complaint with the state education department asserting deficiencies in her child's special education services. Following a complaint investigation, the department ordered, and Nampa agreed to, some corrective actions.
In September 2001, per the corrective action plan, a Nampa special education teacher initiated various school/parent communications, including invitations to meetings. DeLaPaz resisted or ignored the letters but made harassing calls to teachers. She also sent five letters to Nampa criticizing the special education program and the administrators and sent copies to Nampa's board and representatives of the governing school district.
In January 2002, DeLaPaz filed a separate complaint with the state education department, accusing Nampa of violating her right to privacy with regard to her child's medical condition. The department rejected her complaint.
In June 2002, DeLaPaz filed a...