Petrilli v Silberman Day 3

This from Jim Warren at the Herald-Leader:

Former Booker T. principal

spends almost all day on the witness stand

Peggy Petrilli admitted Monday that she didn't always fully inform parents about all the details of so-called "split classes" at Booker T. Washington Academy.

Students struggling with reading were sometimes held back in split classes to receive a mix of second-grade and third-grade instruction, she said. Youngsters were to move to fourth grade afterward. No child was assigned to the program without parents' permission, Petrilli said.

But under cross-examination by Fayette County School Board attorney John McNeil, Petrilli acknowledged that some students who weren't ready for third-grade work didn't receive third-grade instruction in the split classes. She said she didn't always explain that to parents, or that many youngsters didn't move on to fourth grade after the program.

"I don't know that we got into that with parents," Petrilli said, emphasizing that her goal was to get the students "caught up" academically.

McNeill: You never explained to those parents that when their kids signed up for that 2/3 split class that there would be no third grade curriculum?

Petrilli: No. But we talked about where they were….they weren’t ready for it….what we did …they could move when ready…I talked with Bob [McLaughlin about it]…the only ones we moved, agreed to it…

McNeill: They agreed to a 2/3 class…all you talked to Mr McLaughlin about was what you would need to [do to] hold a child in a primary class…

Petrilli: They had a 3 hour literacy block and that’s what they needed…

McNeill: In other words, all you were really doing was holding kids back...In fact not a single kid…they all repeated the third grade again…

Petrilli: But that didn’t mean that later on in their career they didn’t catch up…The biggest priority was …we were going to teach them to read….

McNeill: Don’t you think a parent would need to have all that information to make an informed decision…?

Let’s assume little Joey can’t read a lick…Because he can’t read….you put them in the 2/3 split class…as a practical matter little Joey didn’t get third grade math…

Petrilli: We didn’t consider math…we were looking at reading…

McNeill: [Were] 4th grade kids being held out of testing…?

Petrilli: Let’s move your child to 4th grade...but let’s monitor your child’s progress...but we would monitor your child’s progress…

McNeill: Did you have any circumstances where kids in 4th grade...were removed on the first day of testing… if we had a fourth grader that needed to take the 3rd grade test, yes, they’d take the third grade test….It is possible that there might have been one or two...it‘s possible…

McNeill: So they were exempt from the fourth grade test…

Petrilli: Not unless they were identified as needing an extra year in primary… We would place them in a fourth grade classroom even if they were getting an extra year in primary…

McNeill: You were able to artificially reduce the number of them who were able to take the 4th grade test….

Petrilli: The 2/3 was only the first year…only the first month or two…that was a very unique situation…children spending an extra year…at the end of every school year every teacher would have a conference….offer extra year…parents may not agree to it…if we didn’t get their signature then we wouldn’t do it…

The school system maintains that it was such issues that ultimately caused the
concerns that prompted Petrilli's resignation from Booker T. Washington, not the
racial issues that she claims led to her being forced out of her job.

Like this exchange over special education:

McNeill: Is it your testimony …that you were repeatedly counseled by the director of special education about …not complying with …IEP….?

Petrilli: We wanted every child to be in the classroom …[FCPS Specioal Education Director Linda] Dykes and I had conversations….She met with me…two or three times…about making sure we met the needs of special education children…There are probably 2 or 3 children…there was a lot of discussion about paraprofessionals, I wanted as many resources as I could get…speech therapy...difficult schedule to work out [covering two school buildings]…

And this one on hiring:

McNeill: Weren’t there on-going issues of… improper hiring…..improper demotion..?

Petrilli: No I don’t think we had an on-going problem..

McNeill: There was problem with a custodian…

Petrilli: I understood that I was able to do that…and subsequently I learned I couldn’t do that...There was preschool teacher that I hired ...needed a test…

McNeill: …hiring outside of the window [of time allowable for recruiting a teacher from another school district]…?

Petrilli: [There was a]…preschool teacher…I talked to her…she got back in touch…her superintendent wouldn’t release her…

And this:

McNeill: When you met with …superintendent and [Director Carmen] Coleman… you indicated to the superintendent of schools… you put your head on the table…said I can’t go back there…

Petrilli: No I did not…

McNeill: You were the one who said you couldn’t go back there..

Petrilli: No I did not

McNeill: The superintendent …offered to you the …Northern [job]…[and you said] I can’t go back there… with this cloud over my head.

Petrilli: Silberman ...as I recall he told me I could apply for Northern…I may have said something like that [about Northern]...

The developments came during the second day of testimony in a Fayette Circuit Court trial on Petrilli's civil lawsuit against the Fayette Public Schools and Superintendent Stu Silberman. Petrilli alleges that Silberman forced her to resign as principal of Booker T. Washington in August 2007 to appease a small group of black parents who wanted an African-American as principal. Petrilli is white.

McNeil pushed Petrilli into a number of concessions during almost a full day of relentless cross-examination on Monday.

She admitted that two black parents whom she previously identified as leading the effort to oust her never told her that they wanted to push her out.

She also admitted that only five items on a 21/2-page list of complaints submitted by parents could be construed as referring to racial concerns.

Petrilli also acknowledged that she inquired about a possible job with the Scott County schools roughly a month before she resigned from Booker T. Washington.

Nevertheless, Petrilli stuck to her contention that she was forced to resign.

"I knew if I didn't go very quietly, I would be hurt professionally," she said.

Lexington attorney Jeff Walther, who advised Petrilli during her resignation, said the school system essentially gave her three choices: resign, retire or be suspended and face an administrative investigation.

If Petrilli had gone through the investigation successfully, she might have gotten her job back, Walther said. But the process would have cost thousands of dollars in legal fees, money Petrilli didn't have, he said.

"The district had put her in a corner," Walther said, "and there was little if anything she could do to get out."

Alice Weinburg, who worked on Petrilli's staff at Northern Elementary School and Booker T. Washington, said "it was very obvious" that some parents at Booker T. wanted a black principal. She cited Jessica Berry and Buddy and Alva Clark — parents who Petrilli says led the effort to oust her.

Weinburg also testified that she told Silberman at a meeting after Petrilli's resignation that he had hung Petrilli "out to dry."

Another long exchange focused on whether Buddey and Alva Clark's child was out-of-district.

McNeill: In June 2007… meeting with Buddy Clark…indicated you talked with superintendent…did superintendent get back with you and tell you he met with Mr. Clark…?

Petrilli: Yes…

McNeill: That was the first Monday in June…(4th)?

Petrilli: …more likely June 11th… Clark Letter was June 7th…

McNeill: [The superintendent] indicated that he had resolved the issue and the boy could stay…and that was a result you wanted…

Petrilli: Yes….of course…

McNeill: You complained …he dealt with it ...and that was the result you wanted…

Petrilli: There were other demands that weren’t fair…it was more than just the out of area issue…

McNeill: Your concern was that he was rude and threatening … and the out of area…?

Petrilli: …He let me know that he had friends in high places…Yes, he got to stay…I don’t know if he ever really signed an out of area [form]…I think he was just allowed to stay…Talked with Coleman…Coleman met with the Clarks…I think it was Friday before school started…before she met with the Clarks…

McNeill: So Coleman had been responsive to your request …and reported back to you…?

Petrilli: Concurrent to this there were emails going back and forth between the Clarks and superintendent that I didn’t know about…Mr Clark made it very very emphatically clear to be that he wanted more African American teachers…I didn’t put it [racial concerns] in email but I did discuss it with her on the phone…”

McNeill: …you made that offer … to have child retained a grade…alternative assessment…and they said they didn’t want to do that…

Petrilli: Yes

McNeill: …and you understood that …Clark [child] would not test well…

Petrilli: I think he would have had difficulty with the test because of his difficulty…A teacher did report to me that the Clark child did not live in district…

McNeill entered Defense Exhibit #10: An email for Petrilli to {FCPS DPP Gary] Wiseman dated April 10 2007 marked “Another VERY CONFIDENTIAL request” (emphasis in original).

McNeill: [That email was] within a month of the meeting where Clarks did not approve [of their son]…being held back…or alternative assessment…?

Petrilli: …other children [out of area] too....

McNeill: [Mr Clark] did not know of your involvement in the out of area…you invited him into your office…does it indicate that he had any knowledge…of an individual he thought was involved in reporting…?

Petrilli: He was very angry…made it clear to me that he fights for a living…

McNeill: Was he headed for central office….?

Petrilli: That’s what he said...

McNeill: You admitted to the superintendent that you shouldn’t have done it [report the Clark child] and you messed up…?

Petrilli: I don’t remember telling him that, but obviously following district policy certainly...has had negative consequences….obviously Clarks’ were angry about it...and he made his threat come true…

McNeill: Didn’t you tell [BTWA counselor] Doug Adams…that at the time you did these events …you told Doug Adams you shouldn’t have done it…didn’t Doug Adams say you shouldn’t have done it…? In fact you told Carmen Coleman... you shouldn’t have done it…

Petrilli: Mr and Mrs Clark are very powerful…if I did…I may have ... after the August meeting….Mr Clark said he was going to give me until October…