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“Flawed Investigation” Claim Can’t Reverse
Nonrenewal of Teacher’s Term Contract
Ruling: A teacher’s claim that her termination was based on a flawed investigation, even if true, is not enough of a reason to reverse the ISD’s nonrenewal of her term contract. Wendy Burk v. Trenton ISD, No. 018-R2-11-2019. Issued Dec. 20.
TISD nonrenewed Burk’s term contract, based on a recommendation by an independent hearing examiner due to a conclusion that there was credible evidence that Burk had committed STAAR testing violations (for erasing incorrect answers on 8th grade STAAR math tests and bubbling in correct answers) and for not properly accounting for funds spent and received as a school student club adviser.
Burk claimed that TISD’s investigation of her was faulty, and claimed that a second person (a testing coordinator) also had access to the STAAR answer sheets in question.
She also claimed that she had not received proper training on how to handle student activity funds.
The commissioner, in upholding the termination, ruled that even if Burk’s claims of the district conducting a flawed investigation were true, this by itself would not be enough for her to prevail.
The commissioner cited conclusions by an independent hearing examiner that there was credible evidence presented at Burk’s termination hearing that of the two people who had access to the 8th grade STAAR math answer sheets, the evidence pointed to Burk as the one who was responsible for changing students’ answers.
The commissioner also concluded that Burk’s claims that she had not been properly trained on how to handle student activity funds under her purview did not excuse the fact that she “should have known that she would have to account for funds raised and expended.”