Alabama financial woes

Alabama schools seek loans to pay salaries.

October 31, 2008 - The Mobile County system this week borrowed $18 million from a bank to make its $33 million payroll on Friday.

Baldwin County school officials may need to take out a multi-million dollar loan to pay their teachers and employees to pay their employees early for the winter break. Earlier this week the Baldwin County school system borrowed $2.5 million from its $22 million savings account after the state announced it would cut monthly payroll allocations by 25 percent.

The state Suprintendent advised schools that the Education Trust Fund would only be able to pay 75 percent of October's payroll costs due to a lack of tax revenue.

Community colleges in Alabama will not be receiving state allocations to pay for the October payroll, due to the dwindling state of the Alabama Education Trust Fund. And community colleges will only be paid after the k-12 schools are.

The 25 percent state shortfall left many administrators concerned that across-the-board spending cuts -- called proration -- are looming.

The Oct. 31st Anniston Star editorial was blunt about the reasons for the cash flow problem.

For too long, Alabamians have foolishly believed that using sales and income taxes to pay most of the bills for public education was an acceptable plan. Regressive sales taxes fluctuate too wildly in tough times? Who cares, some Alabamians say. Income taxes aren't reliable enough to ensure that schools' needs will be met? Let the next Legislature worry about that, others have surmised.

Now the result is lethal. The economy's in the tank. Extra cash and operating reserves are becoming a relic of the past. Sales-tax revenue has plummeted. Income-tax figures have dropped as unemployment has risen.

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TT - No mention at all about how that same Education Trust Fund has paid for "double dipping" legislators who either have financial ties to Alabama community colleges or the 13 legislators who had full-time jobs in the Legislature and were on the community college payroll, along with their relatives and friends. And no mention of the latest sentencing - that of W.L. Langston, director of Fire College.

The Alabama Press-Register (Oct. 31) said Langston "deserved his sentence" of ten years in prison.

Mr. Langston used taxpayer and Fire College money to build houses for himself and another two-year college president. He made deals to provide children of system officials with jobs that required little or no work.

They said that the sentence is by far the longest handed down so far in the community college scandal, which included multiple charges filed against Bishop State employees and has ensnared high-ranking officials, rank-and-file employees and some legislators.

See TT coverage here here here

Graduation

Dumbing down or what?

May 8, , 2008 - Alabama finalized new graduation requirements. The changes are effective immediately, and the relaxed diploma requirements apply to the class of 2008.

The state Board of Education this morning approved changes in Alabama's high school graduation requirements that will put many students into a tougher curriculum but also will help weaker students earn diplomas on time.

Under the changes, students must pass only three of the five sections of the graduation exam to receive diplomas; two of those sections must be reading and math. Previously, students had to pass all five sections to get diplomas. However, incoming freshmen will automatically be placed on the advanced diploma track, also known as the college track, and won't be able to switch to the less demanding "regular" track without parents' permission.

TT - The newspaper does not link to the new requirements. They can be found at the Alabama Department of Education site. (The proposal is difficult to open and you have no option to open it in another web page.)

Found at the same site, a March 11, 2008 letter from the state Superintendent of Education to the state Board of Education members says that "Currently, 92% of all seniors pass 5/5 parts of the Graduation Exam."

The logical question should be, then, "Why should they change the requirement to 3/5 parts to graduate?"

Other requirements being considered.
October 29 - Dr. Eric Mackey, superintendent of the Jacksonville City School System, updated the Board of Education on new graduation requirements being considered by the state board during their work session Monday night.
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TT - The unhealthy preoccupation with graduation rates (see our previous coverage here and here) means that a lot of states are now focusing on unrealistic graduation rates. In Alabama, that goal is 90 percent. The reason is, one suspects, that secondary education in Alabama is a cash cow and a political patronage haven and source of political power and corruption. (the latest sentencing.) Most states expect 70% of their students to graduate.

The problem with graduation rates is that they focus on access to college, not preparation for college. What good does it do to graduate a student from high school who is functionally illiterate and unable to find a decent job? Only to send him or her to college where the dropout rate is more than 30% in the first year and 50% never graduate? Meanwhile, the student - 2/3rds of which receive student aid - wastes their time while the taxpayer assumes the burden for unpaid student loans. "What's the point of that?" was the question in this 2005 article.

That was three years ago. Before the financial aid scandals revealed how lucrative student loans could be for the colleges and universities. The financial interests of colleges and universities in student loans are still coming under fire. And not just in Iowa. Only New Jersey seems alone in tying state student scholarships to preparation and grades. Students will have to pay for their own remedial classes.

In the meantime, Alabama told local schools today that the state did not have enough money to make the October payroll for local schools.

Huntsville, ALABAMA

October 21, 2008 - Milton Tyson, 39, a Lee High School special education teacher for more than 10 years, was arrested on several charges that included selling counterfeit items to students and possession of marijuana.

Police say when they stopped him, they found a van full of counterfeit merchandise, a small amount of marijuana and a loaded pistol. Although he has a permit for the weapon, he did not have the permit on him. Huntsville Police may pursue additional federal charges through the Alabama Bureau of Alcohol Tobacco and Firearms

As for the counterfeit items:

"We believe that he had a connection in New York. That he was having it sent through the mail, and we have records that show that he had been doing this for a long period of time. Maybe even up as far as two years ago," said Sgt. Roberts.
There's a bigger issue at hand, though.

"We do know that students were buying from Mr. Tyson, yes," said Sgt. Roberts.

PRIOR ARRESTS
WHNT Ch 19's Amber Stuart followed up on the story to ask "Do Teachers Need More Background Checks?"
They found out that Tyson hasn't had a background check since 2005. Since then, he has had several brushes with the law. He was arrested in March for menacing. In September, he pleaded guilty to that crime. This Tuesday, when news broke of the Lee High crimes, he was expected in court for another crime, an assault dating back to May of this year. He was also arrested for criminal trespassing in 2006. That case against him was dropped.

The school was not notified of the arrests. (Nor, apparently, is their any requirement that the teacher notify the district or the state Department of Education of misdemeanor or felony arrests.)

Pell City, ALABAMA

(Story dated) June 26, 2007 - Anthony Tollison, 27, a special education teacher's aide, was arrested for the second-degree rape of a female student age between 12-16. He was indicted on the charges two weeks ago. No other details available.

Arraignment is scheduled for July 30.
Full Name: Anthony Eugene Tollison

ARRESTED (AGAIN) September 27, 2008 - Tollison was arrested Friday for allegedly selling drugs within 3 miles of an elementary school after being indicted indicted for the unlawful distribution of a controlled substance and the unlawful distribution of a controlled substance near a school campus.

Tollison has been free on bond in the first case. District Attorney’s Office filed a motion to revoke the bond, contending the defendant violated his bond agreement with the new indictment charges.

After his 2007 arrest, he was not fired but transferred to the School System’s maintenance shop, away from students.

GUILTY PLEA & SENTENCING October 22 - After pleading guilty to second-degree rape and the distribution of a controlled substance, Tollison was sentenced to five years in prison for each charge with the sentences to run concurrently. He was allowed to remain free until his Dec. 11 probation hearing.

Patronage Cesspool

The headline says it all:
"Trial gives glimpse of patronage cesspool"

THE FRAUD trial of state Rep. Sue Schmitz is unfolding as a tale of the powerful helping the powerful secure taxpayer-funded jobs and benefits.

Federal authorities say Rep. Schmitz, D-Toney, ripped off the taxpayers by taking $177,000 in salary for what amounted to a no-work job in Alabama's two-year college system.

The jury in the case will have the ultimate say on whether Rep. Schmitz committed any crimes. She is entitled to the presumption of innocence until a jury decides otherwise.

But Alabamians are free to draw their own conclusions about the testimony of high-profile witnesses such as House Speaker Seth Hammett and former two-year system Chancellor Roy Johnson.

Rep. Hammett's testimony was as disappointing as it was enlightening. The veteran Democratic lawmaker generally is viewed as a responsible, evenhanded speaker. But judging by his own testimony in Rep. Schmitz' trial, he's also a behind-the-scenes patronage dispenser and an errand boy for Paul Hubbert.

The famously powerful Mr. Hubbert runs the Alabama Education Association. On issues related to education, he also runs the Legislature — with some assistance from the elected leaders, including Mr. Hammett.

Read the whole thing from the Alabama Press-Register (August 28)

They conclude that if the Speaker "wants to regain his former stature, he should use his power for a more public-spirited purpose than currying favor with Paul Hubbert. We suggest he start by backing long-stalled ethics reform legislation, including a ban on legislators holding government jobs. "

TT - entry for Sue Schmitz and the corruption in Alabama education.

Vernon, ALABAMA

Fraudulent student loans in another teacher's name.

August 23, 2008 - Ginger Collins, 57, a sixth grade teacher at a Vernon intermediate school, was placed on paid leave after her arrest on Monday for six counts of possession of a forged instrument. The charges are in connection with forgery and identity theft involving more than $100,000 in fraudulent student loans.

Collins allegedly used the identity of a fellow teacher to take out the loans.
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The school may be Lamar County High-Intermediate School.
Google map

Corruption Watch

The trial to watch.

August 19, 2008 - The trial of Alabama state Rep. Sue Schmitz will never be a HBO movie, but it will make huge waves in Alabama where criminal corruption in education and the two-year college system has shaken the roots of the corrupt political establishment.

Schmitz is among 43 legislators who had financial ties to two-year colleges from 2002-2006. The legislators, their close relatives or businesses received work from the system during the period, in most cases after the lawmakers were elected. A newspaper investigation found 13 legislators who were presently employed in Alabama community college system.

Schmitz is accused of taking $175,000 from the community college system for a federally-funded job she never performed. Even her firing from the position by the new Chancellor was a show of hubris. She claimed fair dismissal rights as if she was a teacher. Chancellor Bradley Burnes responded to her arrest and the year and a half legal duel with the teachers' union.

A federal investigation of the two-year system has resulted in agreements to plead guilty by a former state representative and a former two-year college chancellor. Two current legislators, one of them Schmitz, have been charged.

THE FIRST DAY was the testimony by former two-year college Chancellor Roy Johnson, 62, who testified that in 2002, Alabama Education Association Executive Secretary Paul Hubbert and Speaker of the House Seth Hammett asked him to help find work for Schmitz.

The reason given was because she had a difficult work situation in Madison County, where she was struggling to balance her daily duties as a teacher and as a member of the Alabama Legislature. Johnson said he contacted the then president of the Central Alabama Community College and asked him to find a job for Schmitz.

[In 2002, she was forced to leave the Madison County teaching job when after the school district told her in 2002 she would have to take leave without pay for days she worked in Montgomery on legislative business. Link is to previous entry.]

At the time when Johnson contacted the Central Alabama Community College, the program had no openings and was struggling for money. Johnson said college officials, "wanted some assurances that we would fund that position and I gave those assurances."

By 2005, her supervisor at federally-funded program complained that Schmitz "simply did not show up for work. In fact, she never did.

But what is already interesting is who had asked Johnson to provide the job for Schmitz.

Paul Hubbert, the executive secretary of the Alabama Education Association is the head of the state's largest teachers union. The union is usually referred to as "the politically powerful Alabama Education Association" by Alabama newpapers. Hubbert, writing August 11 in the Montgomery Advertiser, compared not allowing state employees to also hold public office to a new kind of segregation ("In Alabama we have a sordid history of denying groups political rights. For decades blacks and women were denied the right to vote and the right to run for public office.)

He denied there was such a thing as "double-dipping."

House Speaker Seth Hammett told a federal jury today he arranged the funding for a job with the CITY program for state Rep. Sue Schmitz. He said he was approached about Schmitz's employment situation by Dr. Paul Hubbert, executive director of the Alabama Education Association. He later talked to Schmitz about funding for a job with the youth program.

IN OTHER NEWS: The wife of former Shelton State Community College president agreed to plead guilty to fraud charges. Melinda Kay Umphrey, 58, was employed as a coordinator at the Alabama Fire College, which was on Shelton State's campus, at an annual salary of $40,000 but performed no legitimate work. She was paid $127,594 in salary and received benefits valued at $29,139.

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BACKGROUND
See Patronage (how the system works)
See Double Dipping in Alabama
See Double Dipping (state school board bans the practice, finally.)
Hard-hitting Press-Register editorial about Paul Hubbert and the Alabama Education Association and their opposition to reform and their lust for power that concludes, "The leaders of the AEA talk about education, but they believe in power. They may be about to discover that even their power has limits. "
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September 8 - The trial ended in a mistrial.
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FIRE COLLEGE DIRECTOR SENTENCED October 30 - The former director of Fire College, W.L. Langston, 66, was sentenced to 10 years in prison after his conviction on multiple charges. He was also ordered to pay $1.4 million in restitution to the state.

Langston helped set up tens of thousands of dollars in contracts and scholarships for his children and those of administrators who run the state's two-year college system, records show.

Langston's actions offer more insight into how the fire college was managed and how he spent some of the millions in state funds the college received each year. Most of the college's $6 million budget comes from the state's education fund.

The Fire College is part of the Alabama Department of Postsecondary Education, and the senior Langston was on the payroll of Shelton State College as executive director. He also headed a private foundation that was supposed to support the Fire College. His son was also sentenced after pleading guilty to charges that he was paid thousands of dollars for a bogus work contract.
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October 31 - Alabama Press-Register editorial, "Fire College director deserves his sentence"

Birmingham, ALABAMA

August 18, 2008 - Jury selection has begun in the trial of state Rep. Sue Schmitz, a teacher turned legislator, accused of taking $175,000 in pay from Alabama's two-year college system for work she never performed.

The trial is expected to last at least two weeks. UPDATE: It ended in a mistrial.
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• Previous TT coverage of the two-year college system scandal. Here
• And Schmitz' arrest. Entry
• Corruption in Community Colleges in Alabama. Entry
• Corruption in Education (in Alabama) Entry Schmitz is among 43 legislators The News identified who had financial ties to two-year colleges from 2002 to 2006. The legislators, their close relatives or businesses received work from the system during the period, in most cases after the lawmakers were elected.
• A newspaper investigation found 13 legislators who were presently employed in Alabama community college system.

FEDERAL INVESTIGATION A federal investigation of the two-year system has resulted in agreements to plead guilty by a former state representative and a former two-year college chancellor. Two current legislators have been charged and are awaiting trial while a grand jury in Birmingham continues to review the colleges. Previous TT coverage. Entry and Entry and Entry

Danville, ALABAMA

July 22, 2008 - Jessica Defoor, 34, a 2nd grade teacher at Danville-Neel Elementary, was arrested, accused of having inappropriate contact with a female student in February 2006. She is being charged with second-degree sexual abuse - a Class A misdemeanor.

The student and her mother contacted police. Defoor was placed on administrative leave with pay.
Full Name: Jessica Heather Defoor

Whnt: (July 22)

Lieutenant Jonathan Green with Decatur P.D. says, "The incident allegedly happened back in 2006. It came to the attention of the police department in late 2007. Since that point, the family worked with our criminal investigation division, DHR and the Morgan County District Attorney's office to see which avenue is best to pursue prosecution of the case."

The girl was 14 at the time.

Millbrook, ALABAMA

They call it a "School Hiring Lapse." It's more commonly known as Passing the Trash.

June 23, 2008 - Jasen Craik, 29, was teaching at Stanhope Elmore High School in Millbrook when he was arrested May 15, 2007 for breaking into homes to steal prescription painkillers. He resigned days later. In July, he applied for a job in another school district and was hired two weeks after being indicted in Elmore County.

Neither Craik or the former school district mentioned his arrest, and the school superintendent at Conecuh County said that they received a solid review of Craik before hiring him. Craik began teaching in August 2007 at Repton High School.

Six months later, Conecuh County school officials learned of the charges when someone came across the news stories online and told the school principal. Craik resigned in February 2008 after school administrators confronted him.

GUILTY PLEA - Craik pleaded guilty on June 3, 2008 to one count of burglary III and one count of theft of property II, admitting he broke into homes to steal medication. He will be sentenced July 22. Elmore County prosecutors said he used time off during his work day to break into homes. One report said he committed his crimes either during his planning periods or during his lunch hour at Stanhope Elmore High to break into homes of friends to steal the drugs.

BACKGROUND CHECK "limitations"- The background check on Craik showed no problems because the check was performed by the Alabama Bureau of Investigation reflect only criminal convictions and not pending charges. A teacher who has pending charges in court is supposed to have their file flagged and the state school board is notified and is supposed to notify local schools.

Trussville, ALABAMA

Authorities say a former Clay-Chalkville Middle School teacher had sexual relationships with at least eight male high school students ages 15 to 19 between February and April. - Birmingham News

June 20, 2008 - Julie Pritchett, 34, a Clay-Chalkville Middle School special education teacher, was arrested Thursday and charged with two counts of Sodomy 2nd Degree and one count of Sexual Abuse 2nd Degree. Those charges involve two boys under the age of 16.

Birmingham News: Authorities say a former Clay-Chalkville Middle School teacher had sexual relationships with at least eight male high school students ages 15 to 19 between February and April. Charges are not being brought in the other identified incidents because the boys are of consenting age or unwilling to cooperate with authorities

The investigation began May 2 when a parent filed a complaint with the sheriff's office claiming his son was sexually abused by one of the school's teachers. Pritchett resigned in May after the investigation began.

Pritchett was the sponsor for the high school's Diamond Dolls, the hostesses for the baseball team. It was through that position, Jefferson County sheriff's spokesman Sgt. Randy Christian said, that she came into contact with some of her former students who were involved in the high school sports program.

Christian said Pritchett started a sexual relationship with a 15-year-old former student. That relationship led to sex acts with his friends.
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Jefferson County Sheriff's Office website. There is no press release at this time.

Fairhope, ALABAMA

Punishable by up to 10 years in prison. Seven-year sentence suspended to three years probation.

June 12, 2008 - Andrew Newton, 46, a teacher at J. Larry Newton school, was sentenced to seven hears in prison - SUSPENDED - to three years of supervised probation.

In April, a jury convicted Newton, 46, of interfering with the parental custody of a former student who he said he was trying to help escape from a troubled home life. The jury acquitted Newton on charges of solicitation of a child by computer and enticing a child for immoral purposes.

Full Name: Andrew Neil Newton

CONVICTION Apil 12, 2008 - Several teachers testified during the four-day trial, and said that Newton was obligated to tell a school counselor if he suspected a student was being abused at home.

Interference with custody is a Class C felony, punishable by up to 10 years in prison. Baldwin County Assistant District Attorney Michael Pylant said prosecutors would seek the maximum sentence.

"He was obsessing on this kid, and his parents intervened," Pylant said. "And (Newton) tried to cut them out. He was very controlling over a 14-year-old boy he had no legal right to manipulate."

The school - J. Larry Newton - is named for his uncle, a former Baldwin schools superintendent.

ADDITIONAL INFO From the Press-Register (June 13) - Not mentioned in this previous story, is that the teenager and his family testified.

The teen, his stepfather and mother testified that Newton
disrupted their lives. The teen moved to a northern Alabama city last year to escape the former teacher and the publicity, they said.

"We will never have that time back with him," his mother said.

And a colleage of Newton's also testified - on Newton's behalf.

Newton, his family and a former colleague, however, argued that the educator might have made missteps, but with good intentions. They said that Newton, a single father of children ages 19 and 13, has suffered enough by losing his livelihood and reputation.

The district attorney said that Newton has expressed no remorse and essentially blames the crime on the victim.

After the sentencing, Newton said he was relieved that he didn't have to go to jail, but remains perplexed on how he ended up spending his father's 72nd birthday at a sentencing hearing.

TT - the lowercase judge™ is Baldwin County Circuit Judge James H. Reid.

Leroy, ALABAMA

We told you firing a tenured teacher was hard to do. More people are finding out just how true that is.

June 5, 2008 - A report from Jessica Taloney at WKRG.com Ch 5 on the attempt to fire Charlene Schmitz.

A Washington County teacher is collecting a paycheck from jail.

Charlene Schmitz, 55, was sentenced Monday to ten years and one month for using a computer to make sexual advances on one of her eighth grade students. Schmitz was convicted on two counts of the federal charge by a jury in February.

Two weeks after her conviction, the Washington School District voted to fire Schmitz and terminate her $51,666 a year salary, but News Five has learned the Alabama Office of Administrative hearings overturned the school board's decision.

"The board has done everything they could do to get her off the payroll," said Martin Pearson, the school district's attorney. "They're aware it's taking tax payer dollars, but at this point their hands are tied," he said.

Pearson says Schmitz, who still faces state charges for rape and sodomy, appealed her termination. In an opinion issued on April 23rd by Walter Turner, Alabama's Chief Administrative Law Judge, the Office of the Attorney General sided with Schmitz, saying "there is no provision in the Alabama Teacher Tenure Act, or any other statue, for the suspension of a teacher's salary pending the termination or suspension process under any circumstances."

Basically, Pearson says that means Schmitz must have an administrative hearing before she can be terminiated, and based on the concept of due process, Schmitz can't be forced to testify at an administrative hearing until after her criminal proceedings are over.

"I don't think it's fair at all," said Kesler Weaver, who serves on the school board and voted to fire Schmitz. "We should be able to terminate her under the circumstances.Donna Marks, the victim's mother, agrees. "She is in prison, she is drawing a paycheck, paying an attorney to fight us, the victims," said Marks. "It makes absolutely no sense."

Schmitz attorney says he expects to appeal the federal conviction and sentence. Schmitz's state trial is scheduled to begin in November.

TT entry for Schmitz.

Leroy, ALABAMA

SENTENCED to two concurrent sentences of ten years.
And she still faces state charges.

June 27, 2007 - Charlene Schmitz, 54, a teacher at Leroy High School, was arrested and charged with having sex with a 14-year-old boy. Schmitz, was charged with rape and sodomy. Reportedly, the boy admitted the sexual relationship that began in April. His mother went to police with graphic e-mails about oral sex the teacher had sent her son.

"This teacher is married with children. She has children older than this boy. It's very unusual," Stringer said.

A hearing is scheduled for July 24.

Update July 24 - WKRG - Schmitz waived her right to a preliminary hearing. A judge issued a gag order on the case. She was accompanied by her husband. She's on paid administrative leave.
Her case has been sent to the grand jury.

ARRESTED Nov 26 - Schmitz was re-arrested. After her original arrest, the judge barred Schmitz from having any contact with the alleged victim. But she ignored that order Friday when deputies say she sat next to the teenage boy during the football game. Schmitz will be in court tomorrow for a bond hearing on the latest charges.

IN FBI CUSTODY Nov 27 - Schmitz was taken into FBI custody on federal charges of using a computer to entice a child.

ORDER TO REMAIN IN CUSTODY Nov 30 - U.S. Magistrate Judge Bert Milling Jr. ordered Charlene Schmitz to remain jailed pending trial on a pair of federal enticement charges.

A Leroy High School teacher accused of having sex with a student began a sexual relationship with the boy after he had dated the woman's daughter, an FBI agent testified this morning.

MESSAGES READ IN COURT - Dec 1 - At the hearing an FBI agent testified about the extensive messages between Schmitz and the boy. He also testified that sheriff's investigators learned that Schmitz and the boy had been talking on the phone for at least two weeks before the game and that he gave her letters denying a sexual relationship, along with copies of his Social Security number and his driver's learning permit.

A number of Washington County residents appeared in federal court Friday to support Schmitz, including retired Circuit Judge Richmond Pearson, who testified that he has known her all her life. He said he and her family attend the same church.

BAIL DENIED Dec 6 - A federal judge denied bail at a Nov 30 hearing. Entry

TRIAL TO PROCEED Feb 11, 2008 - A judge has denied a request by prosecutors to delay the trial of Charlene Schmitz. The U.S. attorney requested the time to review medical records (hundreds) that the attorney said would demonstrate that his client, Charlene Schmitz, suffers from an "inability or infirmity" that would prevent or inhibit sex.

The judge said she cannot imagine how those records would be admissible. .S. District Judge Kristi DuBose also granted a prosecution request to bar from the courtroom Leroy High School teachers and others in authority over the now-15-year-old victim when he testifies.

The trial is scheduled to being this week.

DAUGHTER TESTIFIES Feb 14 - Schmitz' 14-year-old daughter testified that SHE sent the salacious messages to the student. She never told police that.

GUILTY VERDICT Feb 14 - A Federal jury found 54-year-old Charlene Schmitz guilty on two counts of using a computer to entice a child today (Thursday). The jury came to the unanimous verdict after two hours.

Schmitz will be sentenced in Federal Court May 8th.

VERDICT UPHELD March 6 - U.S. District Judge Kristi DuBose, last week, upheld the guilty verdict of former Leroy High School teacher Charlene Schmitz, who was convicted of child enticement charges Feb. 22. The judge had been asked by Schmitz's attorneys to overturn the jury's verdict and find her not guilty, claiming that federal prosecutors presented insufficient evidence during the trial.

SENTENCED June 2 - Schmitz was sentenced to two concurrent sentences of ten years and one month for using a computer and cell phone to make sexual advances on one of her eighth grade students.

During the hearing, the prosecutor showed a poster-sized copy of the sexually explicit messages exchanged between Schmitz and the 14 year old boy, saying the two had sex ten times.

Schmitz still faces state charges of rape and sodomy in a trial that is scheduled to begin next fall.

Prosecutors argued in a court filing that Schmitz deserves a longer prison term for perjury they contend she committed from the witness stand during the trial.

"Her testimony provides a sufficient basis for this Court to find an obstruction enhancement appropriate," the motion states. "However, the defendant went significantly further than testifying falsely. She allowed, and perhaps even encouraged, her 13-year-old daughter to lie on her behalf."

The defense has submitted 34 letters of support from friends, fellow teachers, relatives and supporters, including an ex-husband and an inmate who has been incarcerated with Schmitz at the Baldwin County Corrections Center.

STILL BEING PAID June 5 - Schmitz is still being paid while she is in jail and will continue to be paid until after her final conviction, apparently. Her state trial will begin in November.

Corruption

May 23, 2008 - Making good on their promise to take their fight against the ban on double dipping to the courts, the Alabama Education Association was successful in getting the Alabama Supreme Court to uphold a judge's decision to temporarily block the implementation of the 2-year college system's double dipping ban.

The education association is suing to have the policies thrown out altogether and wants them stayed until the Supreme Court hears the case.

See previous entry on the Alabama teachers union and double dipping in Alabama. As we said before, Alabama almost makes New Jersey look respectable.

Loxley, ALABAMA

Arrested in December 2006, she was still on the payroll 16 months later.
Sentenced to one year in jail - with part of that in a drug treatment facility.

ARRESTED Dec 6, 2006 - A Loxley Elementary School teacher,
Christy Philips, 30, was arrested and charged with possession of a controlled substance, second-degree possession of marijuana and possession of drug paraphernalia after a raid at her home. In addition to finding methamphetamine, police arrested another individual who had a half pound of marijuana.
Full Name: Christy Byrd Philips

The assistant school superintendent said that teachers are not drug-tested, but they must pass a criminal background check in order to work for the school system.

"The position of the superintendent (Faron Hollinger) is that drug testing should not only include students but teachers as well," Wilhite said. "And the fact is that we believe teachers would welcome that opportunity to make a statement that we're serious about drug-free campuses in Baldwin County."

ON TRIAL April 9, 2008 - Philips testified in her own trial Tuesday. She told a jury that she checked herself in at a rehabilitation center just after she was released from the Baldwin County Corrections Center in December 2006. She testified that she spent 17 days in treatment for addiction to prescription medication such as OxyContin, which she took for muscle pain and arthritis. She denies the charges of methamphetamine and marijuana use that led to her arrest two years ago.

JURY DELIBERATES April 10 - While she still collects a paycheck, her attorney says has no intention of teaching in Baldwin or Mobile counties again, defense attorney E.E. Ball told jurors. The jury is deliberating.

GUILTY VERDICT April 11 - Philips was convicted of possession of a controlled substance, possession of marijuana and possession of drug paraphernalia. A sentencing hearing is scheduled for May 22.

SENTENCED May 23 - Philips was sentenced to 10 years, SUSPENDED, to serve one year in jail - not prison - and a part of the year in jail could be served at an in-patient treatment center. She will be on supervised probation for at least five years. If she violates any condition of her probation, such as testing positive for drugs, Phillips could be locked up for 10 years, the judge told her.

Corruption

Double-dipping is the practice of legislators to have full-time jobs as well as their legislative positions. Of course, they don't really DO anything for those other salaries.

May 7, 2008 - The Alabama Teacher's Association is giving up their legislative fight against "a so-called "double dipping" ban" that would keep educators from serving in the Legislature while employed at two-year colleges. They will pursue the issue in the courts.

Democrats Voting in the Senate committee to approve a bill to override the new policy were Sens. Linda Coleman, D-Birmingham; Larry Means, D-Attalla; Rodger Smitherman, D-Birmingham; Zeb Little, D-Cullman; and Quinton Ross, D-Montgomery.
Voting against it were Sens. Tom Butler, D-Madison; Larry Dixon, R-Montgomery; Jimmy Holley, R-Elba; and Jabo Waggoner, R-Vestavia Hills.

The Republican governor promised a veto.

The bill would have allowed public employees to serve in the Legislature and other elected offices and guarantee they could use unpaid leave from their government jobs to perform elected duties.

Critics have complained that the association has used the two-year colleges as a source of patronage and power.
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TT - Ya think? A federal investigation of the two-year system has resulted in agreements to plead guilty by a former state representative and a former two-year college chancellor. Two current legislators have been charged and are awaiting trial while a grand jury in Birmingham continues to review the colleges. Previous TT coverage. Entry and Entry and Entry

Most of the decent newspapers in the state support the new reforms. The Alabama Educator's Association denies that being paid hundreds of thousands of dollars by community colleges while voting on funding for the institutions is "double-dipping." A total of 43 legislators had financial ties to the two-year college system.

Alabama almost makes New Jersey look respectable.

May 23 - The Alabama Supreme Court has upheld a judge's decision to to temporarily block the implementation of the 2-year college system's double dipping ban.

Bishop State CC - Alabama

April 4, 2008 - An arbitrator has ordered Bishop State Community College to rehire fired administrator David Thomas in a teaching post with back pay — a decision that two-year college Chancellor Bradley Byrne vowed to appeal. Thomas, a 14-year college employee, appealed under the state's Fair Dismissal Act.

The arbitrator noted that the two-year system did not pass a policy related to firing convicted felons until after officials began the process of firing Thomas. [TT - which isn't suprising considering the corruption in the two-year system where double dipping and phantom jobs for legislators is the usual means of doing business.]

Thomas was convicted of a felony hit-and-run that injured a child. He was impeached in 2006 from the Mobile County schoolboard for using $9,033 in school money to buy Mardi Gras paradethrows. He was paid $89,078-a-year job as director of adult education and economic development.
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Previous coverage of the patronage system in secondary education in Alabama.

Bishop State Community College is on probation by the Commission on Colleges of the Southern Association of Colleges and Schools.

Demopolis, Alabama

March 20, 2008 - Nathan Hallman, 24, a Demopolis High School social studies teacher, was arrested Wednesday and charged with second-degree rape and enticing a child for immoral purposes.

The school principal was informed of evidence of an inappropriate relationship between Hallman and a student and investigated the matter immediately by reviewing school surveillance tapes, interviewing school personnel and also speaking with the victim.

RESIGNATION Hallman turned in a resignation letter Friday afternoon. The Demopolis City Schools Board of Education will have to decide whether or not to accept his resignation or to seek some other action in regard to his employment status.
Full Name: Nathan Wesley Hallman

RESIGNATION REJECTED March 26 - The board voted not to accept the resignation of DHS assistant coach Nathan Wesley Hallman when they met Monday. Instead, the board is taking steps to fire Hallman. The facts against Hallman will be presented during the next grand jury term in June.

GRAND JURY THIS WEEK June 9 - The district attorney’s office will present a grand jury with evidence this week.

The Demopolis City Schools board of education also opted to ignore the letter [of resignation.] Instead, termination proceedings began.

The difference? Once Hallman was terminated, the state is now able to review Hallman’s case, and has the ability to invalidate his teaching certificate.The termination proceedings were part of a formal process that school boards are required to follow when terminating an employee.

Alabama law states an employee up for termination is offered a hearing, which may be public or private, whichever the employee chooses. Following the hearing, the school board votes whether to terminate the employee. After that, the employee has 15 days to appeal the board’s decision.

INDICTED June 10 - The grand jury indicted Hallman on charges of of second-degree rape and enticing a child for immoral purposes. He will be arraigned August 16.

ARRAIGNMENT WAIVED August 27 - Hallman did not appear Wednesday for arraignment at the Marengo County Courthouse. Instead, Hallman waived arraignment through his attorney.

Traditionally, waiver of arraignment is often a sign that the accused is working on some form of plea bargain, however, Hallman’s attorney was unavailable for comment and the district attorney’s office does not comment on pending cases.

Montgomery, ALABAMA

Sex with a 13-year-old girl.

March 20, 2008 - Quinton Mosley, 29, a Brewbaker Junior High School band director, pleaded guilty to two counts of sodomy after investigators testified he had an inappropriate relationship with a 13-year-old girl.

Mosley was arrested in July 2007 and indicted in October.

Montgomery Public Schools says Mosley worked at Brewbaker Junior High from February 2005 until April of last year, but would not say why he either resigned or was terminated. Mosley will be sentenced next month.

Mosley's picture here.
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TT - The school is rated a 2 at Greatschools.net