Fired inspectors sue Texas Education Agency

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Fired inspectors sue Texas Education Agency

06:55 AM CST on Friday, November 21, 2008

By

TERRRENCE STUTZ / The Dallas

Morning News

tstutz@...

AUSTIN –

Two former inspectors for the Texas Education Agency sued the agency Thursday,

alleging they were wrongfully fired for trying to investigate fraud and waste

in the TEA and certain school districts – and then speaking out when

their efforts were blocked.

The

lawsuit by Catazaro and Jim Lyde leveled its most serious allegations

against state Education Commissioner and his aides, accusing them

of repeatedly thwarting investigations by the agency's Office of Inspector

General.

They said

the inspector general's office has not been allowed to investigate fraud, waste

and misuse of public money " since Mr. assumed control of the

agency. "

Mr.

and TEA officials declined to respond to the various allegations.

" We

have not been served with the lawsuit, " said Debbie Ratcliffe, a

spokeswoman for the agency. " However, we believe we had reasonable grounds

to terminate these two employees. "

Both men

worked in the inspector general's office until they were fired in July, a month

after they discussed their concerns with staff members for a House committee.

" Plaintiffs

reported and spoke out that violations of contracting rules were going

uninvestigated, that TEA policies were not being complied with, that public

money was being misused, and that they were prevented from investigating these

illegalities, " according to the lawsuit, filed in state court in

County.

" The

hostility of their supervisors culminated when plaintiffs were each put on

administration leave, as a precursor to their termination, on June 27, 2008,

several days after they spoke out and reported what they believed to be

improper and illegal activity to the Texas Legislature. "

The

inspector general's office was created two years ago to look into cheating on

the Texas Assessment of Knowledge and Skills in school districts and

investigate complaints of fraud and waste – primarily within the

education agency.

The

office initially had seven employees but is now down to two, including current

Inspector General Emi and one other investigator. Ms. also is

director of test monitoring at the TEA.

Mr.

was appointed commissioner by Gov. Rick in October 2007, replacing former

Commissioner Shirley Neeley, who created the inspector general's office in the

TEA in response to allegations of widespread cheating on the TAKS.

The

lawsuit, which seeks reinstatement of both plaintiffs to their jobs and

unspecified damages, contends that the alleged retaliation against and firings

of the two men violated their rights under the state's whistleblower law and

also violated their free speech rights under the Texas Constitution.

Among the

cases of alleged fraud and abuse that the office was not allowed to

investigate, according to the plaintiffs:

•Alleged

illegal kickbacks involving tax dollars, falsification of student attendance

records and misuse of tax dollars by contractors with reported ties to

employees of the commissioner and TEA staff.

•Alleged

fraud involving the TEA's Monitor Pool for school districts in which some

monitors were allowed to overcharge the TEA and school districts with inflated

billings.

•Creation

of a complaint management tracking system within the TEA for a reported cost of

$650,000, using TEA computer technology and software products that should have

been available free of charge.

Mr. Lyde

said in an interview that no schools or districts were named in the lawsuit out

of liability concerns because allegations involving the schools were never

investigated by the state.

But he

did cite a case in North Texas where a school

employee in charge of a federal free lunch program was paid to create false

rosters of students so that the school could receive extra federal funding for

its lunch program. In another case, a school administrator was required to make

monthly payments to a superintendent's wife as a condition of employment.

" We

were instructed that these and similar allegations were beyond the scope of our

investigations, which were supposed to focus only on the TAKS test, " Mr.

Lyde said. " As far I know, they were never followed up on. "

Officials

have acknowledged there were differences between the OIG staff and top TEA

officials over what the office should be investigating. TEA officials wanted

the focus to be on TAKS cheating, with financial improprieties involving school

districts left to the education agency's school financial audits division.

http://www.dallasnews.com/sharedcontent/dws/dn/education/stories/112108dntexteasuit.3c9b2ca.html

Amy

Fighting the fight for all our

children's rights...

[Guest guest]

AMEN!

M. GuppyMy autism journey isn't about waiting for the storm to pass, it's about learning to dance in the rain.... Texas Autism Advocacy: www.TexasAutismAdvocacy.org

"There are some aspects of a person's life that we have no right to compromise. We cannot negotiate the size of an institution. No one should live in one. We cannot debate who should get an inclusive education. Everyone should. We cannot determine who does and who does not get the right to make their own choices and forge their own futures. All must."

Subject: Fired inspectors sue Texas Education AgencyTo: "Amy A.Sosa" Date: Friday, November 21, 2008, 7:25 AM

Fired inspectors sue Texas Education Agency

06:55 AM CST on Friday, November 21, 2008

By TERRRENCE STUTZ / The Dallas Morning News tstutzdallasnews (DOT) com

AUSTIN – Two former inspectors for the Texas Education Agency sued the agency Thursday, alleging they were wrongfully fired for trying to investigate fraud and waste in the TEA and certain school districts – and then speaking out when their efforts were blocked.

The lawsuit by Catazaro and Jim Lyde leveled its most serious allegations against state Education Commissioner and his aides, accusing them of repeatedly thwarting investigations by the agency's Office of Inspector General.

They said the inspector general's office has not been allowed to investigate fraud, waste and misuse of public money "since Mr. assumed control of the agency."

Mr. and TEA officials declined to respond to the various allegations.

"We have not been served with the lawsuit," said Debbie Ratcliffe, a spokeswoman for the agency. "However, we believe we had reasonable grounds to terminate these two employees."

Both men worked in the inspector general's office until they were fired in July, a month after they discussed their concerns with staff members for a House committee.

"Plaintiffs reported and spoke out that violations of contracting rules were going uninvestigated, that TEA policies were not being complied with, that public money was being misused, and that they were prevented from investigating these illegalities," according to the lawsuit, filed in state court in County.

"The hostility of their supervisors culminated when plaintiffs were each put on administration leave, as a precursor to their termination, on June 27, 2008, several days after they spoke out and reported what they believed to be improper and illegal activity to the Texas Legislature."

The inspector general's office was created two years ago to look into cheating on the Texas Assessment of Knowledge and Skills in school districts and investigate complaints of fraud and waste – primarily within the education agency.

The office initially had seven employees but is now down to two, including current Inspector General Emi and one other investigator. Ms. also is director of test monitoring at the TEA.

Mr. was appointed commissioner by Gov. Rick in October 2007, replacing former Commissioner Shirley Neeley, who created the inspector general's office in the TEA in response to allegations of widespread cheating on the TAKS.

The lawsuit, which seeks reinstatement of both plaintiffs to their jobs and unspecified damages, contends that the alleged retaliation against and firings of the two men violated their rights under the state's whistleblower law and also violated their free speech rights under the Texas Constitution.

Among the cases of alleged fraud and abuse that the office was not allowed to investigate, according to the plaintiffs:

•Alleged illegal kickbacks involving tax dollars, falsification of student attendance records and misuse of tax dollars by contractors with reported ties to employees of the commissioner and TEA staff.

•Alleged fraud involving the TEA's Monitor Pool for school districts in which some monitors were allowed to overcharge the TEA and school districts with inflated billings.

•Creation of a complaint management tracking system within the TEA for a reported cost of $650,000, using TEA computer technology and software products that should have been available free of charge.

Mr. Lyde said in an interview that no schools or districts were named in the lawsuit out of liability concerns because allegations involving the schools were never investigated by the state.

But he did cite a case in North Texas where a school employee in charge of a federal free lunch program was paid to create false rosters of students so that the school could receive extra federal funding for its lunch program. In another case, a school administrator was required to make monthly payments to a superintendent' s wife as a condition of employment.

"We were instructed that these and similar allegations were beyond the scope of our investigations, which were supposed to focus only on the TAKS test," Mr. Lyde said. "As far I know, they were never followed up on."

Officials have acknowledged there were differences between the OIG staff and top TEA officials over what the office should be investigating. TEA officials wanted the focus to be on TAKS cheating, with financial improprieties involving school districts left to the education agency's school financial audits division.

http://www.dallasne ws.com/sharedcon tent/dws/ dn/education/ stories/112108dn texteasuit. 3c9b2ca.html

Amy

Fighting the fight for all our children's rights...

[Guest guest]

I wish these two men had found something in the Special Education

field. However, I am NOT surprised that paying FOR PROFIT law firms

with taxpayer taxes is not " illegal " or that " bad " in denying

educational services for Texas Special Need families.

What a shame the system is ... if they had said something about

Special Need families being litigated against by rich, " Better than

Thou " lawyers, I might have sent a letter. I would rather use some

saltier epithets for these parasites, but then I would have been

bleeped.

Mark

>

>

> Subject: Fired inspectors sue Texas

Education Agency

> To: " Amy A.Sosa "

> Date: Friday, November 21, 2008, 7:25 AM

>

>

>

>

>

>

>

>

> Fired inspectors sue Texas Education Agency

> 06:55 AM CST on Friday, November 21, 2008

> By TERRRENCE STUTZ / The Dallas Morning News

> tstutzdallasnews (DOT) com

> AUSTIN – Two former inspectors for the Texas Education Agency sued

the agency Thursday, alleging they were wrongfully fired for trying

to investigate fraud and waste in the TEA and certain school

districts – and then speaking out when their efforts were blocked.

> The lawsuit by Catazaro and Jim Lyde leveled its most serious

allegations against state Education Commissioner and his

aides, accusing them of repeatedly thwarting investigations by the

agency's Office of Inspector General.

> They said the inspector general's office has not been allowed to

investigate fraud, waste and misuse of public money " since Mr.

assumed control of the agency. "

> Mr. and TEA officials declined to respond to the various

allegations.

> " We have not been served with the lawsuit, " said Debbie Ratcliffe,

a spokeswoman for the agency. " However, we believe we had reasonable

grounds to terminate these two employees. "

> Both men worked in the inspector general's office until they were

fired in July, a month after they discussed their concerns with staff

members for a House committee.

> " Plaintiffs reported and spoke out that violations of contracting

rules were going uninvestigated, that TEA policies were not being

complied with, that public money was being misused, and that they

were prevented from investigating these illegalities, " according to

the lawsuit, filed in state court in County.

> " The hostility of their supervisors culminated when plaintiffs were

each put on administration leave, as a precursor to their

termination, on June 27, 2008, several days after they spoke out and

reported what they believed to be improper and illegal activity to

the Texas Legislature. "

> The inspector general's office was created two years ago to look

into cheating on the Texas Assessment of Knowledge and Skills in

school districts and investigate complaints of fraud and waste –

primarily within the education agency.

> The office initially had seven employees but is now down to two,

including current Inspector General Emi and one other

investigator. Ms. also is director of test monitoring at the

TEA.

> Mr. was appointed commissioner by Gov. Rick in October

2007, replacing former Commissioner Shirley Neeley, who created the

inspector general's office in the TEA in response to allegations of

widespread cheating on the TAKS.

> The lawsuit, which seeks reinstatement of both plaintiffs to their

jobs and unspecified damages, contends that the alleged retaliation

against and firings of the two men violated their rights under the

state's whistleblower law and also violated their free speech rights

under the Texas Constitution.

> Among the cases of alleged fraud and abuse that the office was not

allowed to investigate, according to the plaintiffs:

> •Alleged illegal kickbacks involving tax dollars, falsification of

student attendance records and misuse of tax dollars by contractors

with reported ties to employees of the commissioner and TEA staff.

> •Alleged fraud involving the TEA's Monitor Pool for school

districts in which some monitors were allowed to overcharge the TEA

and school districts with inflated billings.

> •Creation of a complaint management tracking system within the TEA

for a reported cost of $650,000, using TEA computer technology and

software products that should have been available free of charge.

> Mr. Lyde said in an interview that no schools or districts were

named in the lawsuit out of liability concerns because allegations

involving the schools were never investigated by the state.

> But he did cite a case in North Texas where a school employee in

charge of a federal free lunch program was paid to create false

rosters of students so that the school could receive extra federal

funding for its lunch program. In another case, a school

administrator was required to make monthly payments to a

superintendent' s wife as a condition of employment.

> " We were instructed that these and similar allegations were beyond

the scope of our investigations, which were supposed to focus only on

the TAKS test, " Mr. Lyde said. " As far I know, they were never

followed up on. "

> Officials have acknowledged there were differences between the OIG

staff and top TEA officials over what the office should be

investigating. TEA officials wanted the focus to be on TAKS cheating,

with financial improprieties involving school districts left to the

education agency's school financial audits division.

> http://www.dallasne ws.com/sharedcon tent/dws/ dn/education/

stories/112108dn texteasuit. 3c9b2ca.html

>  

> Amy

> Fighting the fight for all our children's rights...

>  

>