Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mike v. Department of Education

Court of Appeals of Kentucky

March 10, 2017

DAVID MIKE APPELLANT
v.
DEPARTMENT OF EDUCATION, COMMONWEALTH OF KENTUCKY; JEFFERSON COUNTY BOARD OF EDUCATION; AND DONNA HARGENS, SUPERINTENDENT APPELLEES

         APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE JAMES M. SHAKE, JUDGE ACTION NO. 15-CI-000144

          BRIEFS FOR APPELLANT: William J. Walsh

          BRIEF FOR APPELLEES, JEFFERSON COUNTY BOARD OF EDUCATION AND DONNA HARGENS, SUPERINTENDENT: Byron E. Leet Lisa C. DeJaco Amanda Warford Edge

          BEFORE: ACREE, J. LAMBERT AND THOMPSON, JUDGES.

          OPINION

          THOMPSON, JUDGE:

          David Mike appeals from an opinion and order of the Jefferson Circuit Court affirming the decision of a statutory administrative tribunal (the Tribunal) convened by the Kentucky Department of Education which determined Mike engaged in conduct unbecoming a teacher and, therefore, was properly terminated by the Jefferson County Board of Education. Mike argues his conduct was not unbecoming a teacher as that term is used in Kentucky Revised Statutes (KRS) 161.790(1)(b) providing that a teacher's employment contract shall not be terminated except for those causes listed.

         Mike began his career in the Jefferson County Public Schools in 1995 as a teacher. In 2000, he became an assistant principal at Seneca High School. From 2005-2008, Mike was principal at Kennedy Metro School and, from 2008-2013, was the principal at Western High School. In the summer of 2013, Mike became the principal at Louisville Male High School.

         In September 2013, Mike and other faculty and staff members at Male acknowledged in writing that they "received, read, and will comply with" the Administration Code for Kentucky's Educational Assessment Program, 703 Kentucky Administrative Regulations (KAR) 5:080, for the school year 2013-2014. The allegations against Mike consisted of violations of that Code by creating or implementing activities for the purpose of increasing test scores and, directly or indirectly, improperly assisting students in taking assessment tests.

         The events leading to Mike's termination began in the fall of 2013 when computers in a lab room at Male (Room 108) were used to take two different tests published by ACT. One test, the Compass 3.2 test, is a standalone placement test installed through Windows. The test is used to assess whether a student is ready for dual credit college programs. The second, the ACT Compass internet test, is an untimed internet-based test designed for teachers to assess 12th grade students' college readiness in reading, writing skills and math who have not met the state's benchmarks in those areas. Students may take this test twice with a minimum of five instructional days between tests. While the tests are different and have different purposes, they share some of the same questions contained in a databank that can be used again.

         After the Compass 3.2 test software was installed, Deborah Greenburg, who worked with Mike at prior schools and then at Male, was assigned by Mike to oversee testing in Room 108. She organized the testing lab, passed out schedules for proctors and students, called students from class for testing, arranged seating in Room 108 and kept all testing materials.

         According to Mike and other staff members, they believed the Compass 3.2 test was a practice test for preparing to take the ACT Compass internet test. Students were permitted to take the Compass 3.2 test multiple times until each reached a proficiency level set by Greenburg that was ten points above the passing score for the ACT Compass internet test.

         On December 6, 2012, ACT (the nonprofit company that publishes and scores ACT college readiness tests) investigative staff reported to the Kentucky Department of Education (KDE) that it received two hotline reports of students receiving impermissible assistance on ACT tests at Male. ACT investigators and a KDE investigator went to Male to investigate and were later joined by a Jefferson County Board of Education investigator.

          As a result of the investigation, ACT sent Mike a letter informing him its investigation was concluded. It determined that students copied items from the Compass 3.2 test, Male teachers assisted students taking the Compass 3.2 test and students took the test multiple times as a practice test for the ACT Compass internet test. The letter set out an eight-point list of actions to be taken by Mike and Male, including that the Compass 3.2 test software be uninstalled from the computers. The letter also instructed that "[a]ll notes taken by either [Male] students or staff that contain portions of the ACT Compass question, response choices, or solutions to ACT Compass questions must be collected and returned to [ACT] via secure carrier." As a result of security breaches during testing, the fall 2013 ACT Compass internet test results were invalidated.

         Following receipt of ACT's letter, Mike and other teachers took training regarding administering standardized tests and KDE Compass Proctor training was given. At this point, the ACT investigation seemed complete. However, allegations resurfaced in the spring of 2014, concerning the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.