This follows a September order from Ishmael dismissing Petrilli's defamation claim; a damaging broadside to the plaintiff's case.
What remains is Petrilli's claim that her dismissal was the result of racial discrimination and that even took a shot from Ishmael who told the Herald-Leader,
"I think it is real questionable that any adverse employment action was taken by any of the defendants."That's not the kind of thing a plaintiff wants to hear from the judge.
Prior to August 23rd 2007, Superintendent Stu Silberman had heaped praise on Petrilli and held her up as the very model of a modern progressive school principal. But what was once a model is now seen as a liability. Silberman said in his deposition that,
"Peggy just really had some pretty serious relationship problems with other people" and that he was constantly addressing problems created by Petrilli; that she jeopardized district funding for a reading initiative by allowing students to take a version of a test in advance; illegally demoted janitors, forcing the district to later re-promote them with back pay; presided over extraordinarily high employee turnover; and failed to tell parents that a pre-school program their children were participating in was not free.From 2000 to 2004 Petrilli had received acclaim as principal of Northern Elementary. She showed a flair for innovation, emphasized the arts and found more instructional time by starting Saturday programs. She created a more inviting atmosphere in the school, and with a little help from that CATS test's "confidence interval" her students made significant progress in academics.
It was well-understood that Petrilli used some unusual techniques to accomplish her gains, but these were largely defended, at the time, as necessary to "get results." "Whatever it takes," was the mantra of the day. Plus, Petrilli discounted the need for increased funding as an important factor in school success.
This caught the attention of Republican Governor-elect Ernie Fletcher and Virginia Fox, his Education Secretary, who chose Northern as thes venue to announce the governor's initiative to assure that all students could read by the third grade.
A few months later, while Fayette County was in the midst of a superintendent's search, the Herald-Leader's Cheryl Truman commented on what she thought Fayette County should look for in a superintendent:
"Actually, it's rather simple: We need a superintendent who nurtures principals like Peggy Petrilli...
...Fayette's school system needs more people like Petrilli. It needs more people who yield results and fewer who run around playing at damage control, compiling reports and yammering about hardships.
The notion of principal-as-savior, while not unique to Fayette County, was born locally. Over time the Herald-Leader would see that idea segue to superintendent-as-savior.
With the full support of the editorial board, Silberman promoted aggressive action as part of what's necessary to turn around failing schools. In 2005, the Fayette County Board of Education gave Silberman $18,000 of additional performance-based pay based in part on the creation of Booker T. Washington Academy. Citing the necessity of motivating the staff, Silberman chose Petrilli to head the school. She was permitted to bring key staff with her from Northern and started the year with 20 first-year teachers, many of whom didn't last very long.Despite grumblings from some parents and teachers along with more than a few mid-level administrators who thought Petrilli was given preferrential treatment, things progressed - that is, until Petrilli reported a child for being out-of-district without approval. BTWA parent Buddy Clark reportedly threatened that Petrilli's "problems were just beginning" and he apparently made good on his threat.
On August 22, 2007, Clark and others presented Silberman with a laundry list of complaints and threatened to "speak out to the media and picket the school."
Silberman's action to remove Petrilli, and her response, form the centerpiece of the remaining suit.
Attorney Dale Golden, who represents Petrilli, has said that parents at the predominantly African-American school were unhappy with her from the start because they did not have input on her selection and wanted a black principal...."It was clear to Peggy that she had no future" working for Silberman, Golden said. "It was pure politics."
Whether or not Golden is correct - the implications of Petrilli v Silberman are significant.
When superintendents push principals do "whatever it takes" to raise student achievement, will they be there to support the principal if things go awry?
Principals across the state are looking for an answer to that question. It is increasingly unlikely that the court will produce one.
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