Teacher files lawsuit

BENTONVILLE — A former Pea Ridge teacher is suing the school district claiming her rights were violated under the Freedom of Information Act when personnel documents were released without her having a chance to review them.

George Rozzell filed the lawsuit Wednesday in Benton County Circuit Court on behalf of Teresa Nida against the Pea Ridge School District and its superintendent, Rick Neal.

Neal declined to comment on the lawsuit Thursday afternoon.

School board members upheld Nida’s termination at a meeting Monday.

According to the complaint, Annette Beard, editor of the Pea Ridge Times, verbally requested documents related to Nida’s termination and emailed a request. Beard asked for the termination letter and other documents pertinent to Nida’s termination, the lawsuit says.

The lawsuit states Neal provided the documents to Beard after the meeting.

The lawsuit claims no attempts were made by the custodian of records to notify Nida of the request for documents related to her personnel matter. The lawsuit states no one for the school district took any action to determine if the documents were exempt for disclosure.

Nida was informed after the meeting about the request and she asked to review the written request and any decision made by the school district, according to the complaint.

She reiterated Tuesday her rights under the Freedom of Information Act to review any request and seek review from the Arkansas Attorney General’s Office, according to the complaint.

Nida elected to seek an attorney general’s review in response to Beard’s request. She believes that some medical and psychological information about her should not be released and did not constitute a compelling public interest, according to the complaint.

Nida later learned the documents already had been given to Beard, according to the complaint.

The lawsuit claims the school district denied Nida her right to seek attorney general or judicial review about whether the requested documents were exempt from disclosure. The lawsuit describes the district’s failure as “a willful and wanton violation of the FOIA.”

The case is assigned to Benton County Circuit Judge Robin Green.

Tracy M. Neal can be reached by email at tneal@ nwaonline.com or Twitter @ NWATracy.

TIMES photograph by Annette Beard Kennedy Allison and her parents, Keith and Jennifer Allison, smile midst tears when they received a check for $1,600 garnered from donations from the community for them after Kennedy’s health crisis. A special ceremony was held Friday night in the gym between the girls and boys basketball games to honor all who had a hand in saving Kennedy’s life including teacher Connie Trotter, school nurse LaRay Thetford and coach John E. King. Emergency medical personnel from the Pea Ridge Fire-EMS Department LaRon Edwards, paramedic; Jack Wassman, chief officer; Riley Heasley, first responder; and Ryan Walker, emergency medical technician, responded to the scene. Edwards, Wassman and Heasley were also honored Friday night.