Former Dallas ISD auditor suing district, alleging violations

DALLAS — A former Dallas ISD auditor has filed a lawsuit in opposition to the district accusing them of violating the Texas Whistleblower Act and the National Defense Authorization Act. 

The former DISD worker, Andrea Whelan, has beforehand alleged she was fired for uncovering “grade changing and attendance manipulation” in its lecture rooms.

In the go well with, it is acknowledged Whelan discovered the proof of grade and attendance irregularities at Samuell High School throughout her investigative work, notably that college students acquired course credit score with out assembly attendance necessities or producing any significant work in the course of the 2020-21 faculty 12 months. 

“Ms. Whelan’s review of District records revealed there was substantial pressure placed on school administrators, during the 2020-2021 school year, to boost student achievement and attendance numbers,” the go well with states.

Whelan reported her findings in August 2021, however the go well with states the report was later fully re-written with out her enter or participation. The revised model omitted virtually all particulars from the unique draft and reversed her findings to conclude allegations of grade and attendance manipulation have been unsubstantiated. 

The go well with goes on to say Whelan then carried out a second investigation at Samuell High School involving the alleged falsification of grades, the place she reported “a dozen instances in which failing first semester grades of students with excessive absences were improperly changed to passing, in the latter part of June 2021, based on principal approved Grade Correction forms.”

Whelan’s report conveyed information she acquired from numerous Samuell High School academics who stated they have been directed to falsify attendance data to indicate college students have been current once they weren’t, and to vary legitimately failing grades to passing. 

In early March, the go well with states Whelan was positioned on a one-week efficiency enchancment plan which the go well with states instantly contradicted the evaluation of Whelan’s efficiency a month earlier than, as a substitute claiming she confirmed an “inability to independently perform as expected for an Auditor II.” 

The go well with states the PIP gave extraordinarily imprecise directives wish to “improve performance as expected.” 

On March 7, the go well with particulars that Whelan made a report back to the Texas Education Agency concerning the manipulation she found and its influence on DISD’s funding, together with the inner audit division’s obvious refusal to deal with the problems. 

That identical day, the go well with states Whelan notified the district of the report. And on March 11, Whelan was suspended. The suspension letter famous Whelan had failed the PIP however didn’t clarify how, solely that she had “inadequate performance.”

Whelan was fired on March 30 by the district, the go well with states, after Whelan wouldn’t settle for a settlement supply from the district. 

“In doing so, Dallas ISD retaliated against Ms. Whelan for preserving evidence related to her legal case,” the go well with reads. 

Following a number of grievance hearings the place Whelan protested her termination, the Dallas ISD Board of Trustees unanimously rejected her grievance and affirmed her termination on Sept. 15. The go well with calls this determination mere pretext for retaliation. 

“Ms. Whelan was reasonable in her belief that, among other things, Defendant was concealing the misrepresentation and misreporting of attendance and grade data in order to unlawfully obtain federal and state funding beyond what it was entitled to,” the go well with states.

The go well with argues Whelan’s termination was a direct results of her report of a violation of legislation to a legislation enforcement authority.

Whelan is asking via the go well with for judgment in opposition to DISD for misplaced wages and advantages, each again pay and entrance pay, or for her place again in alternate for entrance pay. It additionally asks for DISD to pay her compensatory damages for emotional ache, struggling, psychological anguish and inconvenience. And to pay her authorized charges.

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