Petrilli v Silberman Day 5

This long summer continues in Judge James Ishmael's Fayette County courtroom. And the day ended with an announcement from the court that it may well go on even longer. Jurors were warned to look at their calendars for next week as it currently does not appear that attorneys J Dale Golden and John McNeill will complete there examination of witnesses and closing arguments before Monday.

The plaintiffs scored some points today, but the defense continued to give jurors a narrative to explain away Peggy Petrilli's claim that she was forced out of her post at Booker T Washington Academy.

The interim principal who followed Peggy Petrilli at BTWA told the jury that "the instructional piece" was actually in good shape at the school when he took over.

Soon after his arrival at "Booker T" Jock Gum was approached by Jessica Berry and Alva Clark for a meeting. They "came to meet me, and greet me, and check me out…and let me know their concerns," Gum testified. But he explained how he quickly explained to them how he saw his mission. "I said to them, if you are looking for someone to come in here and change a bunch of things, I'm not the guy."

Gum told the jury that Berry and Clark had an inordinate amount of presence in the school and strongly inferred they would be taxing for a new principal to work with. He said Berry was "very opinioniated" and that on more than one occasion she had flown off the handle. "I just thought the new principal would be better off if those people weren’t there," Gum admitted, but it was a circumstance that he decided it was "just one I needed to live with."

Under cross examination Gum explained to the court that relationship building was necessary to becoming a successful principal. "The trust in your relationship between the school and the parents starts with the principal. If the principal does not have the commmincation…trust with the community…it makes it very difficult" to be successful.

Golden attacked the notion that Gum was sent to Booker T as a "relationship guy" who allowed the children to have candy and at one point snapped, "but that did not get you principal of the year did it?"

Cheryl Jones, a librarian clerk and former member of the school council at the Academy at Lexington provided Golden with his first verification of Petrilli's claim that some parents wanted an African American principal.

Jones told the jury that some council members from the old Academy were part of a group that believed it had been empowered to help in the selection of the principal of the newly forming BTWA and "there were already some feelings... they wanted an African American principal...someone who would work in the community…identify with the children."

Golden: …did Silberman tell …this group …that they would be permitted to select…

Jones: As far as I can remember the goal was to narrow it down to three or four…we had in mind several candidates...but it kind of stopped... along the line…

Golden: …was it your understanding that…they would become the final candidates…and that …wanted an African American

Jones: It was a topic that was discussed

Golden: Did people want an African American…

Jones: Yes

Golden: Where were you in the process when you were told …Petrilli

Jones: I wanna say...actually having some candidates in mind..I don’t think anyone was interviewed…I know we were close...and it was a long process..

Golden: Who told this group…Petrilli would be principal?

Jones: I don’t’know…there was a meeting… key people there and it was announced…

Golden: Were you shocked

Jones: Yes

Golden asked Jones to relate provide some background.

Jones: Over the years I’ve been at Booker T… that’s been an ongoing statement – always…One thing that at the top of the list was men...we need more black men…more role models for kids...kids might think they could reach and achieve…role models…in a more positive light…I think I remember it being more of a want after the Marva Collins thing…[who] we met one on one...showed us that a difference could be made…that there are some top key educators there…

Former Director Bob McLaughlin described himself as Peggy Petrilli's mentor, colleague and friend. He was also her boss at Northern and briefly at BTWA. As a long time school official McLaughlin explained to the jury the historical differences where Petrilli enjoyed great success and Booker T Washington.

"They were two really different types of schools, McLaughlin said, but they had one thing in common; a low percentage of children who were reading proficiently. Northern was relatively new, having been built in the 1960s. Booker T Washington had been in the community almost 100 years and had a very different history.

"One of the major issues at Booker T was establishing trust in a community," McLaughlin said. "Members of the community felt at times like they were not treated fairly by our district." McLaughlin described a long history of problems and an on-going effort by the district to try to establish a trusting relationship.

McLaughlin testified that he warned Petrilli about this history before she accepted the position at BTWA. He said his concern was that for Petrilli to be successful at the level she wanted to be she had to develop incredible relationships first. Then she could move her program.

"I felt like going from Northern…there could be a tendency to think, 'What I did at Northern, I’ll do at Booker T.' I wanted her to know that that was a recipe for failure" McLaughlin testified.

McLaughlin said he "wanted her to understand that there were folks who were very skeptical" and he did not want the Academy to be perceived as just "one more thing we hang out there." I was cautioning her …about the community…the history…and I thought it could be the biggest challenge she faced.

McLaughlin recounted for the jury a conversation he had with Petrilli shortly after her August 2007 meeting with Silbeerman and Coleman. "She felt like she had to resign or retire," McLaughlin said. He told the court that he had raised the idea that "you can just stay." He told her that she'd probably be suspended while an investigation was conducted."She just indicated that just was not a good option, McLaughlin said.

On cross, John McNeill countered Golden's narrative in a point by point manner.

McNeill: When you stopped being a director, did you maintain contact with Peggy Petrilli?

McLaughlin: I did

McNeill: How would you describe your relationship?

McLaughlin: I would describe it as very professional. I was a mentor, a sounding board, a friend…

McNeill: Were you a confidant?

McLaughlin: I was

McNeill: At the genesis of BTWA…were you involved in the planning?

McLaughlin: I was

McNeill: Describe the concept…

McLaughlin: The idea behind the school was…to be a collaborative effort primarily with UK and…other groups. UK contributed a fair amount of resources and ideas [involving] Booker T…and larger community.”

McNeill: After Petrilli became principal, were there any problems with that collaboration?

McLaughlin: There were some challenges. UK had many key players involved…they had some notions of how the school was to proceed. Peggy knew where she wanted to go and how she wanted to get there.

Typically we would have these meetings with the university representatives and after the meeting was over…Peggy would change her mind…and not communicate it to the university. They would hear about it…and call me…and I ‘d set another meeting together …

It hurt communications and it hurt the trust factor…

McNeill: Did these take place on more than one occasion?

McLaughlin: They did.

McLaughlin described that inordinate amount of intervention required of him to mediate between Petrilli and the district office and various other groups. He counseled Petrilli on John Maxwell's The Bob Principle, which essentially says that If everyone is having a problem with Bob…the problem is probably Bob. "I just wanted peggy to understand how important it is to develop those relationships. I was worried about next director "who might not be able to troubleshoot for her," McLaughlin said.

Following brief testimony form CPA Calvin Cranfill on the amount of lost wages Petrilli has suffered as a result of the alleged dismissal former Director (and new Superintendent of Danville Independent Schools) Carmen Coleman took the stand.

Coleman said she was Petrilli's friend since her days at Anne Mason Elementary in Scott County when Petrilli was just starting out at Northern - but she was only Petrili's boss for a little more than a month. Coleman admitted to Golden that at the time she took over as Petrilli's boss, there were no disciplinary issues pending against her. When asked if Buddy Clark ever angrily threatened Petrilli, Coleman responded the she wasn't sure about a threat, but "she definitely felt uncomfortable."

Under direct examination, Coleman testified about the events leading up to Petrilli's alleged resignation.

She described Silberman's reluctance to holding the August 22nd off-the-record meeting without Petrilli present but ultimately did in an effort to forestall a complaint being filed with the Office of Educational Accountability in Frankfort.

Golden: Isn’t it true that Jessica berry was leading the meeting…?

Coleman: She seemed to be.

Golden: …they were very frustrated…?

Coleman: That’s correct

Golden: At the end of the meeting…one individual was very loud…?

Coleman: One individual at the end of the meeting …said something

Golden: Was that Mr Clark?

Coleman: …it could have been…Clark

Golden: And you said you felt like crying

Coleman: I did . Peggy was a friend…

The next day, Silberman and Coleman met with Petrilli.

Coleman: …Aug 23rd I did [contact Peggy]

Golden: Did Silberman indicate to Peggy that some of the allegations were false…?

Coleman: We did.

Golden: And Stu had indicated this in the meeting that night…there’s such a process of checks and balances… [regarding test allegations] there’s no way…so you knew somebody was a making false allegations…?

Coleman: That‘s what we thought….

Golden: [Re: Northern]

Coleman: The day we met with Peggy, yes, he offered her the position at Northern…

Golden: Then Sunday…isn’t it true that there was a cabinet meeting and …suspension of Peggy was discussed…

Coleman: It was…[Petrilli] said she could not go back…wanted to look into retirement…

Golden: From Thursday the 22nd until Sunday, are you aware of any investigation or any new information…?

Coleman: No…Peggy told us she was trying to figure out what to do….She was supposed to call…She said she wasn’t going to school the next day…We wanted to do what she wanted us to do…She had not made a decision…She wanted to talk to her minister..

Golden: …since Silberman meeting [any new allegations?]

Coleman: She had admitted to several items on the list...site based…She said, ‘Yeah this is true”…payments directly made to a teacher for t-shirts…she said, ‘Yeah that was true…”

Golden: With all that information Mr Silberman still offered her the job at northern

Coleman: That was always the intention to help her…

Golden: But Peggy had not done what Mr Silberman had wanted…walk out and go to Northern…?

Coleman: …[she said,] ‘I don’t know what to do’…[I said,] What do you mean you can’t go back there…[Silberman] said you know Northern has an interim principal right now…you’d have to apply and go through the process later…We didn’t want to suspend her…

Golden: The choices were that she could resign or retire…or she’d be suspended…

Coleman: She said she was going to resign or retire and we couldn’t get an answer from her…

Golden: What were you going to do if Peggy didn’t resign or retire?

Coleman: Actually, in the cabinet meeting…[suspension] came up…It was decided that no…we didn’t want to do that….

Golden: You and Fabio went to Peggy’s house…

Coleman: We just wanted to talk to her…we were close to Peggy…worried about her…see what she wanted…what she decided…

Golden: Do you recall on Monday...Silberman making the decision that if she did not resign or retire…

Coleman: She was supposed to call me and she didn’t. The next thing I heard was that she had an attorney and I was out of the loop

On cross examination McNeill got Coleman to clarify the district's actions in consideration of suspension.

McNeill: ...The question of suspension came up…who suggested it…

Coleman: I believe that was our board attorney…She left to draft a letter

McNeill: Did the superintendent follow that advice…to send out a suspension letter that Sunday

Coleman: No he didn’t.

Despite being Petrilli's supervisor of less than two months, Coleman outlined a long series of interventions of Petrilli's behalf that echoed McLaughlin's prior testimony.

McNeill asked her to walk through the BTWA issues she had to handle. Coleman described receiving complaints from the district Title I office, the Gifted and Talented office, the Special Education Department. There was particular concern over problems implemanting the district's Reading First grant because mistakes at one school would jeopardize funding for the entire district, and 11 schools were involved.

To bolster his racial discrimination argument Golden asked Coleman to confirm a state law [the cite for which I did not catch] that indicated of the superintendent, "He shall be responsible for Hiring and …" Coleman said, "Well, I’ve got a problem with where it says "he"… but otherwise had no retort.

Actually, the applicable statute is KRS 160.345(2)(h) which provides:

From a list of applicants submitted by the local superintendent, the principal at the participating school shall select personnel to fill vacancies, after consultation with the school council. Requests for transfer shall conform to any employer-employee bargained contract which is in effect. If the vacancy to be filled is the position of principal, the school council shall select the new principal from among those persons recommended by the local superintendent. Personnel decisions made at the school level under the authority of this subsection shall be binding on the superintendent who completes the hiring process. The superintendent shall provide additional applicants upon request when qualified applicants are available.

So, does the superintendent, technically, hire the principal? You bet. But he or she does not get to select who that is except under special circumstances.

This from Jim Warren at the Herald-Leader:

School staffer backs up Petrilli's claims

Some Booker T. Washington Academy parents wanted an African-American principal in 2005 and were unhappy when they didn't get one, according to testimony Wednesday in Fayette Circuit Court.

Cheryl Jones, a staffer at the school, said in taped testimony that there was a desire for a black principal among some site-based council members at the Academy at Lexington, one of two elementary schools that merged to form Booker T. Washington in 2005.

Jones said the parents had some candidates in mind when their work was rendered "null and void" by Fayette County Schools Superintendent Stu Silberman's appointment of Peggy Petrilli. Asked if she was shocked by the appointment, Jones said, "Yes." ...

Jones' testimony Wednesday was the strongest independent support so far in the case for Petrilli's contention that a group of parents wanted a black principal and were angered when she was named....

Pertilli v Silberman: Day 2

It completely, totally and irrevocably damaged my career.

I was so shocked about it.

I couldn’t believe Stu would cave in

… and make a political decision.

It was life changing.

---Peggy Petrilli

Jim Warren provides a nice piece on the opening day of Petrilli v Silberman in today's Herald-Leader. This week, sitting in Judge Ishmael's courtroom, feverishly taking notes, I'm beginning to better appreciate the skill Warren brings to the storytelling. I'm also beginning to appreciate the grind.

But today's newspapers are squeezing the space alloted its reporters and blogs have no such restrictions. So today I'll chat through Warren's construction and add detail where I can. That might be the best service I can provide.

NOTE: In an effort to capture as many quotes as possible (since Judge Ishmael banned my audio recorder - I'm not complaining, Judge. ...just sayin') I have been typing as fast as my fat little fingers can fly. The result is a bunch of snippets that may read like a stream of consciousness, but I hope will be clear when presented within the context of Warren's story.

This from the Herald-Leader, photo by H-L's David Perry because his are much better than mine:

Trial opens in case of Fayette principal

who alleges racial discrimination

Peggy Petrilli testified in Fayette Circuit Court on Thursday that she wanted to remain as principal at Lexington's Booker T. Washington Academy in 2007, but that Superintendent Stu Silberman told her to either resign or retire.

She resigned in August 2007 and retired later.

"It was unreal," Petrilli told jurors. "I couldn't believe that Stu Silberman would cave in ... and let me go."

Petrilli: "Silberman told me, I know this isn’t true…I’ve never had such a hostile emotional meeting with a group of parents as I had last night….said I could either retire or resign but I could not go back to BTWA. I asked if we could meet with the group…He was very clear…very emphatic that I was to look into retirement and not to go back to BTWA and that I had the choice of resigning or retiring…there were multiple phone calls from Silberman and [Director Caremn] Coleman …wanted decision on what I was going to do Monday morning…"

Petrilli is suing Silberman and the county board of education for damages. She says that the superintendent forced her out to appease a small group of parents at Booker T. Washington who wanted an African-American as the school's principal.

But Defense Attorney John McNeill countered in his opening statement to the jury, “This case is about Ms Petrilli not wanting to take responsibility for her own short comings...The facts will establish… rather than Stu forcing Peggy to leave…she voluntarily resigned.

Petrilli said that she had wanted to remain as principal because she loved her job — "It was my passion," she said — and because she needed the income as her family's main breadwinner. She said she now teaches at Eastern Kentucky University and does consulting work, making a little more than half her original salary.

Petrilli: "I was out of work about a year…April 08 I applied at [EKU]... and in late April was offered a teaching position…I have to drive to Corbin…It started in late August."

Attorney John McNeil, who represents Silberman and the school board, painted a starkly different picture during his opening argument Thursday.

McNeil told jurors that Petrilli resigned voluntarily because of problems she was having as principal, not because she was forced out.

She raised no objections or reservations in the resignation letter that she signed, McNeil said; he noted that her attorney helped negotiate the terms of resignation and that Petrilli herself helped negotiate the wording of a press release announcing her departure.

McNeil further argued that there was no effort by black parents at Booker T. Washington to remove Petrilli and replace her with an African-American. Indeed, he said, parents initially were pleased when she became principal because they had heard of her success in raising test scores when she was principal at Northern Elementary School.

"There was no racial issue about Peggy Petrilli," McNeil said. "No one in the community wanted her to be fired."

McNeill argued to the jury that "[Petrilli] told [her former director and mentor Bob] McLaughlin she didn’t think she was the right fit for BTWA…said maybe this isn’t the job for me...[and that was] at end of her first year. In May...meeting with Director Lisa stone…Meeting didn’t go well…criticisms…an email generated as a result of meeting... But Stu was high on Peggy…wanted her to succeed…She talked to Stu about the Stone meeting…wondered if she was right for BTWA…wonder if I need to worry more about mgmt issues...In July 2007…before….Peggy emailed [former FCPS principal Judy] Hunter [then a principal in] in Scott County…looking for other opportunities…This was not an involuntary parting"

Rather, McNeil said, Petrilli stepped down because parents became disillusioned with her practices, such as holding students back in grade. But McNeil insisted that ilberman continued to support Petrilli and offered to arrange for her to return to Northern, an offer she declined.

Petrilli spent more than three hours on the witness stand Thursday as her attorney, J. Dale Golden, led her through her version of events.

McNeil raised a steady stream of objections to Golden's questioning, leading to numerous conferences between the attorneys and Circuit Judge James Ishmael.

At one point, Ishamel cautioned the lawyers to "talk to me, not each other."

You say, "Secret Meeting. I say, "Objection!"

The judge offered a smiling but meaningful admonishment. "Let’s watch it...now you guys can come up here all day if you want..." implying that the trial might go on for a long time at its present rate.

I know I messed up and missed one, at least, but here's my count of the afternoon side bars, which pales in comparison to the number of objections raised by McNeill:

12:50 Petrilli Called

1:19 side bar

1:21 resume

1:30 side bar

1:34 resume

1:43 side bar

1:44 resume

1:48 side bar

1:49 resume

1:56 side bar

2:00 resume

2:10 side bar goes into afternoon break

2:35 Petrilli resumes

2:50 side bar

2:51 resume

2:58 side bar

3:10 resume

3:12 side bar

3:13 resume

3:18 side bar

3:21 resume

3:27 side bar

3:32 resume

3:39 side bar

3:47 resume

3:48 side bar

3:50 resume

3:53 side bar

3:55 resume

4:02 Golden finished with Petrilli

Every time Petrilli said the words "secret meeting" McNeill objected. Finally, Judge Ishmael asked her to refer to it as "the meeting on August 22nd."

In his opening statement, Golden said Petrilli rapidly raised test scores during her two years at Booker T. Washington, received nothing but high scores on evaluations, and continued to received congratulatory messages from Silberman until a few weeks before her departure.

But Golden contended that a small group of parents at Booker T. Washington were unhappy from the moment Petrilli arrived at the school in 2005 because they had not been allowed input in the selection of the new principal. Eventually, the group's "sole agenda was to get rid of Peggy," he said.

Golden said he would present testimony that some parents at one point threatened to picket the school or complain to the news media if a change wasn't made.

The Catalyst

Petrilli testified: "Jessica Berry was a mom of a kindergarten student in 05…very vocal...very strong-willed mom that really, from early on…was very antagonistic...would hold meetings with parents…was very unhappy with me...Berry was at school pretty much every day…in the office…In the summer after my first year, 06...we knew we didn’t have every policy we needed…I brought a stack of every policy we needed…Berry moved that we postpone passing any….called a meeting in July [to try] again. Berry and [another mom, Alva] Clark wanted one policy at a time throughout the year...Berry was upset that we implemented a policy that parents must sign in…it really was security issue…parents were to sign in and wear a name badge...They wanted an African American principal and I wasn’t aware of this when I accepted the position."

The catalyst of her departure, Petrilli offered, was a decision she made to act on a report from a teacher that Alva Clark's child did not live in the BTWA district in violation of board policy. Petrilli said she referred the matter to Director of Pupil Personnel Gary Wiseman who investigated and sent a letter to the Clarks stating that their child was out of district.

"Mr Clark stormed into my office and demanded I rescind the letter…He was very hostile…but the letter came from the DPP...I can’t rescind this letter…I’ll give you an out of area form…" Petrilli told the jury that Mr Clark responded, "I fight for a living…I’m very good at it." Petrilli continued, "As soon as Mr Clark left the office I immediately contacted [secretary in the elementary director's office] Norma Welch...[and informed her] Mr Clark is on his way down to central office and is very angry." Petrilli testified that she had reported that she had been discriminated against in June. "Clark made it very clear he would go after me…I felt Mr clark was after me…"

Also at issue was a Herald-Leader article from August 26th. In the article, Silberman declined to discuss Petrilli's departure saying it was "a moot point" because she had resigned.

But Golden tried to establish for the jury that the words were Silberman's and not Petrilli's asking her, "Did you read that newspaper article?"

"Yes I did, Petrilli said.

Golden asked, "Did you say that to him?"

Petrilli responded, "No, I did not."

Golden: "As of the date of this article, Aug 26th, had you ever told Silberman you were leaving?

Petrilli: "No, I had not."

Petrilli: "[I was] told...I needed to have...either my resignation or my retirement letter on his desk by 8 am Monday morning. I didn’t do that. I called [Kentucky Association of School Administrators Executive Director] Wayne Young. He got me in contact with [attorney] Jeff Walther…I wanted to stay…I had conversations with Mr Walther …I didn’t want to leave…it was the best start to a school year ever…[when Petrilli had not responded by 8 AM] Silberman was demanding I make a decision by 3 PM because he was meeting with the faculty…if I didn’t resign or retire...he wouldn’t promise...but I’d be demoted to a teacher. I knew I hadn’t done anything wrong….I feel like I was compelled to provide a letter of resignation…"

There will be no testimony in the case Friday. The trial will resume Monday with cross-examination of Petrilli.

Court Documents posted at the Herald-leader:

Affidavits of Alice Weinberg and Leigh McCauley in the Peggy Petrilli case

Petrilli's response to request for summary judgment (PDF)

Exhibit: Letter from Fayette school board attorney to Petrilli's attorney

Fayette school board attorneys' motion to get more answers from Peggy Petrilli

Exhibit: Petrilli's answers to the Fayette school board attorneys

Report on investigation into allegations against principal Peggy Petrilli

Peggy Petrilli's lawsuit against the Fayette County schools (.pdf)

Defamation claim against Fayette schools dismissed

E-mails claimed to be parents' efforts to oust principal

A little Petrilli v Silberman Update

The legal processes tick away in Petrilli v. Silberman.

Both parties are involved in depositions these days. A source tells KSN&C that Peggy Petrilli was deposed yesterday. Coming later this month...plaintiff's depositions of Jock Gum, Bob McLaughlin, Carmen Coleman and Stu Silberman.

Hey, wait a minute. Jock Gum?

Gum was not at BTWA at any point when - whatever - events occurred. But he followed Peggy Petrilli as principal at Booker T Washington Academy during the past year.

When you follow someone in a job it is always an interesting experience. You learn things from files and reports. You see how the building was organized and how business was conducted. Then, you map out your own path according to your goals and leadership style.

But what happens mostly....is that you begin to hear from people. Whatever complaints existed before are almost certain to come to the attention of the new principal - and much of it is second-hand and biased; although, not necessarily untrue.

My favorite Jock Gum semi-quote occured when a teacher at BTWA approached him - apparently prepared to unload her concerns and "help" Gum chart a new direction for the school. Jock reportedly said - something like - 'Wait a minute. I'm not a change agent. I'm just here for one year to keep the train on the tracks. You'll want to take that up with the next principal.'

Involving Gum in this case is an interesting choice. What does legal counsel hope his testimony will do? Establishing the climate at BTWA in the immediate aftermath of Petrilli's departure is one thing. But, I wonder. What else is hoped for?

It is surely the testimony of Directors Carmen Coleman and Bob McLaughlin that the district hopes to use to discredit Petrilli.

In Fayette County, directors are line-managers. Principals report directly to their directors. Principals and directors consult regularly on virtually all major issues. The relationship, in practice, is truly collegial and is, in large measure, built upon trust.

In fact, it's hard to imagine that much gets past a good director. They are the district firefighters. Whenever there is a complaint about a school, it goes to the director. Directors then bring the concerns back to the principal and they work together to resolve whatever issues exist.

If there are a lot of complaints about a school, the director knows it.

But while all that trusting is going on, the wise principal remembers that directors serve their superintendents - just as directly.

FCPS Responds to Report

On the heels of a Fayette County Schools report of an internal investigation of testing irregularities at the Booker T Washington Academy, Kentucky School News & Commentary reported a new allegation yesterday, this one involving an FCPS district director.

What is immediately apparent is that - not all testing allegations are equal.

This one comes at a bad time, and involves a top-level administrator, but it does not rise to the level of allegation we've seen at BTWA. Perhaps a KDE investigation will reveal more than we know at this point, but it seems unlikely that it will exceed the current allegation.

The BTWA report (posted at H-L) recounts school officials sequestered in a room, pencils in hand, and students being moved contrary to regulation - and during the week of the test.

By comparison, a director flipping through test booklets, if full view of school faculty, staff and students, without a pencil, maybe ill-advised, inappropriate and embarrassing, but it does not rise to the level of a major violation. It gives the unfortunate appearance of impropriety; looks bad, but it doesn't smell all that bad.

The teachers, BAC, DAC and anyone who followed regulations and ran some political risk by reporting on their superior should be commended; literally. A thank you note, perhaps. Refresher training for the director seems indicated and sufficient.

District spokeswoman Lisa Deffendall, responded to the KSN&C post:

There is a testing allegation regarding Fabio Zuluaga. But in talking with Fabio, it appears that some of the information you have is incorrect. As with any allegations we receive, without exception, we send the reports to the Kentucky Department of Education for their review

Deferring to the report is proper protocol. But it also means we'll only have one side of the story for a while.

But this story is not really about Zuluaga.

Today's educators have been asked (required by law) to produce historically unprecedented results for children - on an inadequate budget. The legislature is required by the constitution to provide sufficient funds for schools to reach their goals - but efforts to get the legislature to step up to the plate aren't going so well.

For the first time in history, starting somewhere around 1995, schools are attempting to assure a proficient education for each and every child in Kentucky. Left with scant resources for increasing teacher productivity and delivering more instruction to more students, many school administrators have turned to "motivation" to leverage better results - and like it or not - the test is the only yardstick.

This has had the tendency to focus people's attention on numbers rather than children. Having each school pick a target accountability index to hit, you can't blame teachers for believing that it is only the test that matters to the district - even if that's not exactly the intention. As long-time district director Bob McLaughlin used to say, "What gets inspected, gets respected." And test scores get inspected - published - ranked - discussed - cussed - and before long become the whole game.

Does this explain the BTWA situation?

Principals are, at once, the most vulnerable individual in the school, and the one charged with raising numbers. Add to that, the pomp and circumstance surrounding the creation of BTWA, the introduction of Peggy Petrilli in the position of principal-as-savior, all of the support from community groups, and it becomes easier to understand how much pressure was brought to making BTWA successful. And that meant better numbers.

It may be about kids. But the numbers are getting in the way of the district message.

~

Finally, KSN&C posted a quote from OEA investigator Doug Terry referring to allegations made against Petrilli "last year." Thinking like a school person, "last year" to me meant last school year. But perhaps not. Deffendall opined, "I think he must be talking about this situation from last August, which we just completed the investigation on." Well, I suppose that could be. Last August was in 2007 and it's accurate to say that was last year. KSN&C has requested documents. We'll see if anything comes of it.