Tag Archive for 'Fayette County Board of Education'

‘Smoking gun’ alleged in Petrilli lawsuit

By Brandon Ortiz
bortiz@herald-leader.com

A month before confronting the Fayette school district superintendent with complaints about Booker T. Washington Academy Principal Peggy Petrilli, a parent urged the principal’s critics to compile a list of everything that negatively affected black parents, “no matter how inconsequential it appears.”

On July 26, 2007, William “Buddy” Clark forwarded an e-mail to his wife, Alva, and site-based decision making council member Jessica Berry, according to records filed in Petrilli’s racial discrimination lawsuit against the Fayette County Board of Education and Superintendent Stu Silberman.

Peggie Petrilli

Peggie Petrilli

“We need a list of everything that has happened over the past year which negatively affected black parents, students, teachers, or the community,” Buddy Clark wrote. “Include everything no matter how inconsequential it appears. Failure to develop black talent will have a future negative effect.”

Petrilli’s lawyers claim the e-mail is “smoking gun” proof that Petrilli’s departure from the predominantly black elementary school was racially motivated. Petrilli, who is white, was principal at Booker T. Washington from March 2005 to August 2007.

Petrilli accuses Silberman of illegally forcing her to resign in August 2007 to placate her black critics.

“Stu Silberman was keenly aware of the fact that he was being subjected to a power play by Jessica Berry and the Clarks,” Petrilli’s attorney, Dale Golden, wrote in a response filed Friday to a school board motion. “Ms. Berry and the Clarks demonstrated that they could fill a room full of angry African-American parents that were willing to be very vocal about their dislike of Petrilli. Threats of picketing Booker T. Washington and going to the media were circulating.

“Fearful that his political future could be jeopardized by Jessica Berry and the Clarks’ ability to galvanize the black community, Stu Silberman folded to the pressure rather than doing the right thing,” Golden wrote.

Through a spokeswoman, Silberman referred questions to the board’s attorney, John McNeill.

McNeill said the board filed a motion to dismiss a defamation claim by Petrilli and to dismiss claims against Carmen Coleman, the director of elementary schools.

Golden’s claims are irrelevant to the board’s motion, McNeill said.

The truth will come out in the depositions of Buddy Clark, Alva Clark, Berry and Coleman, McNeill said. The depositions have not yet been transcribed.

“The best evidence to the truth of the matter is in those depositions,” said McNeill, who declined to comment further.

Berry and Alva Clark, who was also on the PTA and site-based decision-making council, did not return phone messages seeking comment.

The school board, in legal filings, has repeatedly said that Petrilli resigned on her own after being shown a list of complaints from parents. The school board has maintained that it did not pressure her.

The board has also filed Petrilli’s public statement to the media after she resigned. The statement contained no indication that Petrilli was being forced out.

In August 2007, angry parents at Booker T. Washington presented Silberman with 2½ pages of complaints that included allegations of financial mismanagement and unethical scoring and administering of standardized tests.

School board attorney Brenda D. Allen investigated the allegations. She wrote a sweeping report accusing some school staff of engaging in testing irregularities, improperly holding students back a year, misleading parents, circumventing the school’s site-based decision making council and retaliating against parents.

The report called into question the test score improvements achieved during Petrilli’s tenure.

Petrilli countered by suing Allen and the board for defamation.

The board has maintained in legal filings that it was obligated to investigate alleged testing improprieties. The board also has said that Petrilli wanted an investigation, thinking that it would clear her name.

 

  • Read Petrilli’s response to request for summary judgment here

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Fayette schools lawsuit becomes public

By Brandon Ortiz
bortiz@herald-leader.com

A class action lawsuit accusing the Fayette County Board of Education of being indifferent to sex abuse allegations in the 1970s and 1980s has become public.

Plaintiff attorneys involved in the case said it relies heavily on testimony in Carol Lynne Maner’s high-profile sex abuse lawsuit, which led to a $3.7 million jury verdict last summer. (A judge later increased the verdict to $3.9 million.)

Some elements of the lawsuit are also intertwined with the Micro-City Government scandal, attorneys said.

Ron Berry, a longtime director of the jobs program for disadvantaged youths, was convicted of 12 counts of sodomy in 2002. Lawsuits have accused former city officials of ignoring the abuse for decades for political reasons.

Attorney Gayle Slaughter, who represents plaintiffs in the Berry and school board lawsuits, said some of the plaintiffs in the school board lawsuit were introduced to teachers by Berry.

The lawsuit was initially filed in Fayette Circuit Court. It was transferred to U.S. District Court in July.

The lawsuit names five plaintiffs who attended Winburn Middle School, Lexington Junior High School and Dunbar Junior High School in the early 1970s and mid-1980s.

It also seeks to represent all Fayette County students who were sexually abused from 1972 to 2007. That is at least 43 people, according to the lawsuit.

The lawsuit does not detail the plaintiffs’ abuse allegations. A federal judge has ordered the plaintiff attorneys to file a detailed listing of the allegations this week.

Attorney Chuck Arnold, who also represents the plaintiffs, said they came forward after Maner’s high-profile trial.

The lawsuit is based on deposition testimony by former Superintendent Guy S. Potts. He testified that he “probably” received one complaint of sexual abuse a month in the 1970s, but he added that he “could not attest to that,” according to court records.

Arnold, who also represents Maner, says the school board in that era had a policy of ignoring sexual abuse. He claims that the board destroyed records of sex abuse allegations several years ago.

He also alleges that Potts had a policy of not reporting suspected abuse to authorities, as required by law.

The statute of limitations for sex abuse lawsuits of this nature is one year. Arnold says that the plaintiffs can proceed with their lawsuits because the board effectively concealed the sex abuse allegations by not reporting them, an argument he made in Maner’s lawsuit.

A jury in her case found that the school board had ignored Maner’s allegations of sex abuse by six employees at Beaumont Junior High School and Lafayette High School in the late 1970s and early 1980s.

A school board spokeswoman referred questions to its attorney, Larry Deener.

Deener declined to comment Wednesday.

In Maner’s lawsuit, the school board argued that it vigorously investigated all allegations of sex abuse. It claimed that it was not aware of any alleged abuse of Maner.

Maner’s case is pending before the Kentucky Court of Appeals. The school board says the lawsuit is barred by the statute of limitations.

If the board succeeds in its appeal, the class action lawsuit will probably be dismissed on the same grounds, Arnold conceded.

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