Federal judge allows lawsuit against Michelle Rhee, broadens to concealment and fraud claims

[madfloridian]

Very interesting. And about time.

Federal Judge Orders Michelle Rhee Suit to Go Forward

For nearly three years, efforts by hundreds of DC Public School teachers who were victims of the much publicized mass firings by former Chancellor Michelle Rhee- herself hailed as a reformer and darling of major media- have failed to gain any traction in the courts.

However, in what may be a turning of that tide, US District Court Judge Rudolph Contreras has denied Rhee’s motion to dismiss claims by a music teacher that his firing was concocted by using a misapplied or non-existent job title to enable his poor evaluation and subsequent firing.

The suit involves Willie J. Brewer Jr., a 53-year-old teacher who worked for DCPS for 28 years before being terminated in October of 2009 due to “budgetary constraints” under a RIF (Reduction in Force). Under this circumstance, the pecking order of teachers to be terminated as determined by Rhee, were first those with poor performance evaluations. However, Brewer claims he was an instrumental music teacher and that his RIF competitive standing was erroneously governed by the standards for a vocal music teacher, a position that required a skill set different from his own. As a result, Brewer claims he scored a poor evaluation and was terminated.

..."Along that line, it has been learned that Brewer will now amend his original complaint to broaden the scope of Rhee’s alleged actions into possible civil fraud and concealment claims. This has developed as a result of videotaped testimony by the former DCPS CFO Noah Wepman before the DC City Council on November 30, 2009. In that testimony, Wepman appears to admit that he willfully concealed, with the knowledge of Rhee, the true accounting figures which indicated that the DCPS had no budgetary shortfall at all- the pretext for the RIF to be instituted and the mass firings to take place.

Playing games with the lives of career teachers. This should not have been allowed to happen.

Michelle Rhee went to Tampa and bragged about how much she was disliked.

Rhee in Tampa boasts about unpopularity


Michelle Rhee, the outgoing chancellor of Washington, D.C., public schools, speaks to urban school administrators during a panel on teacher evaluations at the Council of Great City Schools conference in Tampa on Thursday. (SKIP O’ROURKE | TIMES)

"Be prepared to be Ms. or Mr. Unpopular," the outgoing chancellor of Washington, D.C., public schools told an audience of urban school administrators here Thursday. "I am really good at this one right now."

Three years ago, Rhee launched a whirlwind of change: a tough evaluation system and teacher contract that resulted in 241 firings this spring, and ultimately may oust 25 percent of the district's teachers from their jobs. Those forces led to her resignation last week, following the election defeat of her boss, Mayor Adrian Fenty. But they brought applause from her audience at the Council of Great City Schools conference.

She has had an impact there. More words from Tampa, from the superintendent.

And that kinder, gentler approach? These are the words of the school superintendent to Arne Duncan who was also there.

"They're either going to leave or we're going to say, 'Let us help you leave,' " she said.

[idwiyo]

1. K&R

[Jim Lane]

2. Alas, a denial of a motion to dismiss is NOT a very big deal.

The judge is required to assume (for purposes of this motion only) that all of the plaintiff's allegations as to matters of fact are true. The decision "against" Rhee doesn't mean that the judge has found that there's any merit to the charges against her -- only that, if all the charges are true, then Brewer may be entitled to relief.

On the other hand, it does mean that discovery can go forward. Rhee will probably be compelled to give pretrial testimony under oath. What may be more to the point is that the plaintiff will be able to get the relevant documents from the school system and will be able to compel testimony from some lower-ranking officials. A flunky who carried out Rhee's orders may be unwilling to risk a perjury rap just to protect her.

[madfloridian]

5. Better than nothing.

But she'll come out smelling like roses.

[liberal_at_heart]

9. a lack of transparency is definitely a problem. This is a good step.

[SunSeeker]

3. Oooh. The discovery in this case is going to be very interesting.

Thanks for the post. I look forward to more updates.

[progressoid]

4. Good.

We need to lance that boil on society.

[xchrom]

6. du rec. nt

[KoKo]

7. Recommend...

[Starry Messenger]

8. k&r

[stevenleser]

10. Interesting stuff. Does anyone have good links for the relative performance of DC students/schools

for pre/Rhee and post/Rhee? That potentially could be a good story.

[Starry Messenger]

11. Someone went through the scores

http://therheedcrecord.wikispaces.com/

The top story on that page is a rebuttal to the Hoover Institution/Education Next think tank taking issue with Ginsberg's original analysis. The original analysis is in the pdf link at the bottom of the page. I can't get the link in a usable form or I'd just post it for you, sorry about that.

[hay rick]

12. Who you going to believe, Rhee or your own eyes?

I posted "Michelle Rhee meets the Fonz" a couple weeks ago: http://www.democraticunderground.com/10022517267

It's a short post- here in its entirety:

I watched Bill Maher last night and his first guest was Michelle Rhee. In the course of their discussion Michelle Rhee told a story that went something like this (I don't have a transcript and haven't watched the show a second time yet):

She walks into a Washington School and looks around at the classrooms- a lot of them have a teacher and just 3, 4, or 5 kids. Then she comes to a class with about 35 kids. There aren't enough chairs for everybody- it's standing room only. Rhee asks a "tough-looking" kid why this class is so crowded. The tough kid explains that this is a really good teacher and he learns something new every time he comes to this class. Rhee wanders around some more and finishes her visit to the school. As first period ends, she is walking out the door when she notices the tough kid and his friends walking out the door in front of her. She stops them and asks them where they are going. The tough kid explains that they just came for the one good class and now they are leaving.

Why do I not believe this story? Can you say welfare Cadillac?

[Demonaut]

13. Ever had a terrible teacher?...what is the process to remove them?

this is an honest question

[madfloridian]

14. That is reformer propaganda...that bad teachers can't be fired.

Of course they can be fired.