Las Vegas Sun

March 29, 2024

Teacher files suit against School District

A Henderson middle school teacher has filed a lawsuit against her principal and the Clark County School District, contending that they tried to fire her for complaining to the fire department that her classroom was overcrowded.

The lawsuit filed by Kelly Verna seeks $3 million in compensatory and punitive damages from the school district, Assistant Superintendent Edward Goldman and Burkholder Principal Diana Chalfant.

The dispute began in January 1995 when Verna called the Henderson Fire Department to complain that the overcrowding in her classroom prohibited a safe evacuation in the event of a fire.

Fire department officials agreed, giving the school a citation and demanding immediate action.

The classroom with a single door was designed for 32 students but had as many as 54 in a class, fire officials noted in their report.

Verna contends that Chalfant began retaliating against her for the complaint, racking up a series of reprimands and suspensions and two attempts to terminate her from the job she had held for three years.

In November 1995, Verna complained of the retaliation in a letter to school district Superintendent Brian Cram but he did not protect her, according to the lawsuit filed by attorneys Richard Segerblom and Al Gunderson.

The legal action contends that Cram also has failed to protect other teachers who have exercised their First Amendment rights and spoken out against work conditions or safety issues.

Goldman, assistant superintendent in charge of administrative operations and staff relations, denied comment on the lawsuit.

"We haven't been served with it yet," Goldman said. "We have no idea what is being alleged, therefore it is not the position of the district to respond at this time."

The latest attempt to fire Verna failed after arbitrator Paul Rothschild chastised Chalfant for her apparent vendetta.

"There is no question in this arbitrator's mind that the principal, from the date the fire department was called, was determined to get rid of Verna in any way she could," Rothschild stated.

"This hostility and prejudice casts a pall over everything that happened thereafter."

The lawsuit contends that Verna suffered "severe, extreme emotional distress" as a result of her treatment and it "prevented her from performing major life activities, including work."

The health teacher asked the school district to accommodate her disabilities or grant her leave under the Family and Medical Leave Act, but was denied, the lawsuit charged.

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