Atlanta educators implicated in a widespread test cheating scandal may have to wait several more months before finding out whether they will lose their teaching license as a result of test tampering.
The Professional Standards Commission, which polices Georgia teachers, announced Monday it would suspend hearings in the Atlanta case until the agency can view investigative files from the Georgia Bureau of Investigation. Those files are now in the custody of Fulton County District Attorney Paul Howard, who said he will not release them until the criminal investigation is complete.
The PSC in October took action against 11 educators implicated in the scandal and planned to have the approximately 190 remaining cases resolved by January. Now, it could be months before the agency has access to the evidence it needs to move forward with sanctions. Most of the educators named in the report are on paid administrative leave, which is costing the school district $1 million a month.
"Certainly our preference would be to continue our work without interruption," said Kelly Henson, executive secretary for the PSC. "But we do understand the DA's position."
The GBI's investigation, released in July, found cheating at 44 schools and implicated almost 180 educators. Those named in the GBI report face three avenues of punishment -- criminal charges from the district attorney, loss of license from the PSC and termination from Atlanta Public Schools. The school district is waiting for the other agencies to take action before beginning termination hearings.
Howard was concerned the licensing hearings could impede his criminal investigation, according to the PSC. A spokesman for Howard referred questions to the PSC and declined to offer further comment.
It's unclear whether this signals criminal charges are imminent in the school cheating case. A spokesman for Howard would not say when or if criminal charges would be filled.
Former DeKalb County District Attorney Jeff Brickman said Howard may be trying to avoid revealing the details of his investigation sooner than is legally required. Ordinarily, defendants in criminal cases aren't entitled to see the evidence against them until they are formally charged with a crime.
But the PSC is a separate agency with different rules. If the PSC votes to take action against a certificate, the educator can appeal the decision. Only at that point, the educator can get access to the evidence the PSC has against him or her.
"Perhaps one reason the [district attorney] is hesitant to turn the files over is that doing so might give the defendant a sneak peak at the evidence," said Brickman, now a defense attorney.
Earlier this month, the PSC voted to revoke the teaching certificates of three administrators and to impose two-year suspensions on eight teachers. Some of the educators were from Parks Middle School, cited by state investigators as an egregious example of the test-cheating culture in Atlanta Public Schools.
The PSC feels confident it made the right decision in those cases because of "overwhelming and compelling evidence" gathered without the GBI files, said executive secretary Henson. But the attorney general, who handles PSC appeals, may not move forward until the PSC receives the investigative files, he said.
The commission can issue a range of punishments, from a warning to a certificate revocation. Each case is being considered individually, but the commission has established some punishment guidelines: two-year suspension for teachers and certificate revocation for administrators.
A revocation severely damages an educator's public school career, as the sanction would show up in a national database searchable by other states.
Borquaye Thomas, an attorney for more than five educators implicated in the report, said the PSC should wait until it has all the evidence before taking action against an educator's license.
"I think it is smart for them to slow down," he said. "They should not make a premature recommendation."
Staff writer Nancy Badertscher contributed to this article.
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The Atlanta Journal-Constitution's investigative reporters broke the story about cheating in Atlanta Public Schools in 2008, and we've continued digging ever since. Our commitment to bringing you complete coverage continues with today's report.
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