Allegations of tampering at Carroll ISD school forwarded to DA

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Allegations of tampering at Carroll ISD school forwarded to DA

05:20 AM CDT on Tuesday, May 6, 2008

By LAURIE FOX / The Dallas Morning News

lfox@...

The Texas Education Agency is forwarding allegations of records tampering by

a former Southlake elementary school principal to the Tarrant County

district attorney's office.

The agency is asking local officials to determine whether criminal charges

should be pursued.

The TEA is investigating a report submitted by the Carroll school district

in April, accusing Dr. Andra Barton of changing special education students'

classroom placement at Old Union Elementary School. The report also alleged

she altered the test-taking environment for some of those students.

Lungwitz, Dr. Barton's Austin-based attorney, said Monday that he

hasn't seen the referral but maintained his client's innocence.

" We feel confident that she'll be cleared of any and all allegations related

to this case, " he said.

TEA's general counsel sent a letter to Tarrant County

District Attorney Tim Curry on April 21, referring the " allegations of

tampering with documents at a local elementary school " to Mr. Curry's office

for review and investigation. The letter was released Monday.

The letter said that if the allegations are proved, they could constitute

tampering with a governmental record, which is a felony. The letter also

mentions possible violation of Texas Government Code for destruction,

removal or alteration of public information, which is a misdemeanor.

" We would appreciate knowing whether any criminal charges result from these

allegations as a certified educator is involved, " Mr. wrote.

Officials at the district's attorney's office could not be reached for

comment on Monday.

In the school district's investigation, attorneys found a failure to follow

special education laws and Texas Assessment of Knowledge and Skills testing

regulations at the school.

The report does not give specifics about how they believe those violations

occurred, or how they could have influenced testing at the school.

TEA spokeswoman Debbie Graves Ratcliffe said Monday that state referrals for

local investigations are unusual in relation to testing.

Dr. Barton resigned last month after being told that the district was

seeking her termination. She had been principal of the " exemplary " school

since its 2001 opening.

The report from the Carroll investigation charged that campus leaders, at

the direction of the principal, met to make decisions regarding TAKS testing

and special arrangements for students to be used on the TAKS test without

consulting what is known as an Assessment, Review and Dismissal committee.

Each special education student has an ARD committee, made up of school

district personnel and the student's parents, that makes decisions on behalf

of the student.

Giving a student - such as a special education student - a different version

of the state test or providing certain accommodations for taking that test

could result in a better statewide school rating, because those tests are

calculated with other student results.

Thannum, a Carroll spokeswoman, said Monday that when district

officials met with the TEA in April about the district's own findings, they

were told that seeking a local investigation could be a possibility.

The investigation also has been submitted to the state board for educator

certification, which could determine if any actions would be taken against

Dr. Barton's teaching certification.

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Amy

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