Former Bernalillo teacher sues school district over student services, wrongful termination

BERNALILLO — A former Bernalillo Public Schools teacher is suing the district over allegations that officials failed to provide services to special needs students and that she was wrongfully terminated for issues surrounding her autism diagnosis.

In a pair of lawsuits, former La Escuelita Pre-School teacher Megda-Lyn Freestone filed a civil complaint under the New Mexico Whistleblower Act on May 24 and another for disability and retaliation on Jan. 8, according to copies of the documents filed in the 13th Judicial District Court of Sandoval County.

Freestone, who was employed by BPS from August 2022 to May 2023, asks for compensatory damages by jury trial in her retaliation lawsuit. In her whistleblower lawsuit, Freestone asks a judge to issue double damages for her wages and promotion with seniority at BPS.

Freestone stated that she was undergoing testing for autism around the start of the school year and was diagnosed in December 2022, according to her Jan. 8 complaint. She contacted the teachers union after winter break to set up a meeting with her superiors to obtain accommodations for her disability, the complaint said. Freestone, who said she experiences problems communicating due to her autism, asked for meetings with her superiors to be recorded and the ability to go on more frequent breaks during the school day, the complaint said.

Freestone alleged none of her accommodations were met and in one instance, she claims she refused to go on break because the school allegedly did not make a teacher available to cover for her, according to the Jan. 8 court filing.

Freestone’s initial supervisor, then-Assistant Principal Rosangela Montoya, “took (Freestone’s) concerns seriously” and gave her positive performance reviews, the Jan. 8 court filing said. Additionally, state auditors gave Freestone high marks after watching her teach for six hours, the filing said.

But following the state monitoring and Montoya’s departure from BPS in November 2022, the school’s principal, Sarah Armstrong, allegedly “did not take (Freestone’s) issues seriously” and “began to punish her” by issuing negative performance reviews, the Jan. 8 court filing said. This allegedly occurred despite attempts by Montoya and the teacher’s union to intervene on Freestone’s behalf. The school district allegedly did not listen to their concerns, the filing said.

Freestone claimed that around the time she was being tested for autism, she began complaining to the school district that special education students were not receiving the equipment and devices they needed; the students’ schedules were falling out of routine and their individualized educational plans were not being correctly implemented, the May 24 court filing said.

Freestone alleged that instead of correcting the issues, Armstrong decided not to renew her contract in May 2023, according to the May 24 court filing. She also alleged the district refused to let her transfer to teach at another school, the filing said.

Freestone’s Albuquerque-based attorney, Anita Kelley, did not respond to multiple requests for comment.

JoAnn Beuerle, communications coordinator for Bernalillo Public Schools, wrote in an email to the Observer that the district does not comment on pending litigation.